Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations 7579

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

Oral Dosage Form New Animal Drugs;

Ivermectin Liquid

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of an abbreviated new animal

drug application (ANADA) filed by

Med-Pharmex, Inc. The ANADA

provides for oral use of ivermectin

solution in horses for the treatment and

control of various species of internal

and cutaneous parasites.

DATES: This rule is effective January 24,

2001.

FOR FURTHER INFORMATION CONTACT:

Lonnie W. Luther, Center for Veterinary

Medicine (HFV–102), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–827–0209.

SUPPLEMENTARY INFORMATION: MedPharmex, Inc., 2727 Thompson Creek

Rd., Pomona, CA 91767–1861, filed

ANADA 200–292 for IVERSOL

(ivermectin) Liquid for Horses. The

application provides for oral use of 1.0

percent ivermectin solution in horses

for the treatment and control of various

species of gastrointestinal nematodes,

lungworms, stomach bots, and

cutaneous larvae and microfilariae.

MedPharmex’s IVERSOL Liquid for

Horses is approved as a generic copy of

Merial Ltd.’s EQVALAN (ivermectin)

Oral Liquid for Horses, approved under

NADA 140–439. ANADA 200–292 is

approved as of December 7, 2000, and

21 CFR 520.1195 is amended to reflect

the approval. The basis of approval is

discussed in the freedom of information

summary. In accordance with the freedom of

information provisions of 21 CFR part

20 and 514.11(e)(2)(ii), a summary of

safety and effectiveness data and

information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 5630 Fishers Lane, rm.

1061, Rockville, MD 20852, between 9

a.m. and 4 p.m., Monday through

Friday. The agency has determined under 21

CFR 25.33(a)(1) that this action is of a

type that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required. This rule does not meet the definition

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the

congressional review requirements in 5

U.S.C. 801–808.

List of Subjects in 21 CFR Part 520

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 520 is amended as follows:

PART 520—ORAL DOSAGE FORM

NEW ANIMAL DRUGS

1. The authority citation for 21 CFR

part 520 continues to read as follows:

Authority: 21 U.S.C. 360b.

§ 520.1195 [Amended]

2. Section 520.1195 Ivermectin liquid

is amended in paragraph (b) by adding

‘‘, 051259,’’ after ‘‘050604’’.

Dated: January 8, 2001.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 01–1865 Filed 1–23–01; 8:45 am]

BILLING CODE 4160–01–S

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 15 and 68

[CC Docket No. 99–216; FCC 00–400]

2000 Biennial Regulatory Review of

Adopting Technical Criteria and

Approving Terminal Equipment

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document privatizes the

process by which technical criteria are

established for customer premises

equipment (CPE or terminal equipment)

that may be sold for connection to the

public switched telephone network, and

for the approval of such equipment to

demonstrate compliance with the

relevant technical criteria. Streamlining

these procedures will reduce

unnecessary costs and delays associated

with bringing terminal equipment to the

consumer without measurably

increasing the possibility of harm to the

public switched telephone network.

Privatizing the terminal equipment

approval process will significantly

reduce the Commission’s regulatory

burden and allow it to focus on

enforcement of the industry-established

technical criteria for terminal

equipment. The Commission will

maintain its role as the forum of last

resort for disputes regarding terminal

equipment standards and approval

procedures.

DATES: Effective February 23, 2001,

except that § 68.105 and the definition

of ‘‘demarcation point’’ in § 68.3 will

not be effective until approval of the

Office of Management and Budget has

been obtained. The FCC will publish a

document announcing the effective date

of this rule and definition.

FOR FURTHER INFORMATION CONTACT:

Susan Magnotti, 202/418–0871, Fax

202/418–2345, TTY 202/4184,

smagnott@fcc.gov, Network Services

Division, Common Carrier Bureau, or

Dennis Johnson, 202/418–0809, Fax

202/418–2345, TTY 202/418–0484,

dcjohnso@fcc.gov, Network Services

Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order (Order) in the 2000 Biennial

Review of Part 68 of the Commission’s

Rules and Regulations, CC Docket No.

99–216, FCC 00–400, adopted

November 9, 2000 and released

December 21, 2000. The full text of the

Report and Order is available for

inspection and copying during the

weekday hours of 9 a.m. to 4:30 p.m. in

the FCC Reference Center, Room CY–

A257, 445 12th Street, SW.,

Washington, DC 20554, or copies may

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., 445 12th

Street, SW., Suite CY–B400,

Washington, DC 20554, phone (202)

857–3800.

Synopsis of the Report and Order

1. In May 2000, the Commission

released a Notice of Proposed

Rulemaking (NPRM), 65 FR 34629 (May

31, 2000) proposing to privatize most

elements of the process by which

technical criteria are established for

customer premises equipment (CPE or

terminal equipment) as well as the

compliance assessment procedures for

such equipment. In response, the

majority of comments recommended

adoption of the Commission’s

proposals. This Order will streamline

the Commission’s rules by allowing the

Commission to replace approximately

130 pages of technical criteria currently

in the rules with only a few pages of

simple principles that terminal

equipment shall not cause any of the

prescribed harms to the public switched

telephone network, that providers of

7580 Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations

telecommunications must allow the

connection of compliant terminal

equipment to their networks, and that

the Commission will enforce diligently

compliance with these rules.

2. Specifically, in the Report and

Order, the Commission transfers the

responsibility for establishing technical

criteria to the Administrative Council

for Terminal Attachments

(Administrative Council). The purpose

of the Administrative Council is to act

as the clearinghouse publishing

technical criteria for terminal

equipment developed by ANSIaccredited standards development

organizations. This approach ensures

that all manufacturers know which

terminal equipment technologies can be

connected to the public switched

telephone network and all providers of

telecommunications can deploy services

and design their networks to permit

connection consistent with these

technical criteria.

3. In the Report and Order we select

TIA and ATIS, to serve as the joint

sponsoring organization of the

Administrative Council. Although the

first responsibility of the co-sponsors,

TIA and ATIS, is to send out a call to

the industry to convene an

organizational meeting for the purpose

of establishing the Administrative

Council for Terminal Attachments

discussed below, the primary ongoing

purpose of the sponsoring organization

will be to provide administrative and

secretarial support to the Administrative

Council. The sponsoring organization is

responsible for ensuring that the

industry populates the Administrative

Council in a manner consistent with

ANSI criteria for a balanced and open

membership. In the Report and Order,

we require the sponsor to notify the

industry that it intends to establish a

Administrative Council with

membership that is balanced in terms of

the points of view represented. After the

Administrative Council is in being, then

its relationship with the sponsor

becomes contractual. The

Administrative Council may contract

with the sponsor to provide the

appropriate public notice for its actions

and for appeals to it. The

Administrative Council may also

contract with the sponsor to coordinate

the industry’s assignment of standardsdevelopment projects, and take other

actions that will support the

Administrative Council’s functions and

coordination of industry standardssetting processes.

4. The Administrative Council will

adopt technical criteria for terminal

equipment through the act of publishing

criteria developed by ANSI-accredited

standards development organizations.

The Administrative Council will not

make substantive decisions regarding

the development of technical criteria.

The Administrative Council will also be

responsible for establishing and

maintaining a database of equipment

approved as compliant with the

technical criteria. The Administrative

Council may perform this database

function on its own, or may make

arrangements with one of the

sponsoring organizations to be the

administrator of the database. The Order

also concludes that the Administrative

Council will assume many of the other

Commission’s current part 68 functions,

including responding to inquiries from

the public regarding the new technical

criteria it publishes (the technical

criteria that are currently in the part 68

rules, and approved equipment).

5. In addition, the Order completely

eliminates the Commission’s direct role

in approving terminal equipment.

Manufacturers will have the option of

demonstrating conformity to the

appropriate technical criteria by either

seeking approval from

Telecommunications Certification

Bodies (TCBs) or by providing

customers and the Administrative

Council with a Supplier’s Declaration of

Conformity (SDoC), in accordance with

the rules established in the Order. This

streamlined approach relies on the

common vested interest of terminal

equipment manufacturers and providers

of telecommunications in safeguarding

the public switched telephone network,

while also eliminating direct

government involvement in establishing

technical criteria for terminal

equipment and in registering or

approving terminal equipment that

meets those technical criteria.

6. The Commission will retain in its

rules the technical criteria relating to

inside wiring, hearing aid compatibility

and volume control, and consumer

protection provisions. The Commission

will also retain enforcement procedures

for terminal equipment compliance and

an appeal procedure for the

Administrative Council’s decisions.

Finally, the Order updates the

complaint procedures for the

Commission’s hearing aid compatibility

and volume control rules.

List of Subjects

47 CFR Part 2

Communications equipment,

Telecommunications.

47 CFR Part 15

Communications equipment,

Telephone.

47 CFR Part 68

Administrative practice and

procedure, Communications equipment,

Labeling, Reporting and recordkeeping

requirements, Telecommunications,

Telephone.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Final Rules

For the reasons stated in the

preamble, the Federal Communication

Commission amends parts 2, 15, and 68

of the Code of Federal Regulations as

follows:

PART 2—[AMENDED]

1. The authority citation for part 2

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 303, 307,

336, and 337, unless otherwise noted.

Subpart L—[Removed]

2. Remove Subpart L, consisting of

§§ 2.1300 and 2.1302.

PART 15—[AMENDED]

3. The authority citation for part 15

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 304,

307, and 544A.

4. Section 15.214(b) is revised to read

as follows:

§ 15.214 Cordless telephones.

* * * * *

(b) A cordless telephone that is

intended to be connected to the public

switched telephone network shall also

comply with the applicable regulations

in part 68 of this chapter. A separate

procedure for approval under part 68 is

required for such terminal equipment.

* * * * *

PART 68—[AMENDED]

5–6. The authority citation for part 68

continues to read as follows:

Authority: 47 U.S.C. 154, 155 and 303.

7. Section 68.2 is revised to read as

follows:

§ 68.2 Scope.

(a) Except as provided in paragraphs

(b) and (c) of this section, the rules and

regulations apply to direct connection of

all terminal equipment to the public

switched telephone network for use in

conjunction with all services other than

party line services.

(b) National defense and security.

Where the Secretary of Defense or

authorized agent or the head of any

other governmental department, agency,

Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations 7581

or administration (approved in writing

by the Commission to act pursuant to

this rule) or authorized representative,

certifies in writing to the appropriate

common carrier that compliance with

the provisions of part 68 could result in

the disclosure of communications

equipment or security devices,

locations, uses, personnel, or activity

which would adversely affect the

national defense and security, such

equipment or security devices may be

connected to the telephone company

provided communications network

without compliance with this part,

provided that each written certification

states that:

(1) The connection is required in the

interest of national defense and security;

(2) The equipment or device to be

connected either complies with the

technical criteria pertaining thereto or

will not cause harm to the nationwide

telephone network or to employees of

any provider of wireline

telecommunications; and

(3) The installation is performed by

well-trained, qualified employees under

the responsible supervision and control

of a person who is a licensed

professional engineer in the jurisdiction

in which the installation is performed.

(c) Governmental departments,

agencies, or administrations that wish to

qualify for interconnection of

equipment or security devices pursuant

to this section shall file a request with

the Secretary of this Commission stating

the reasons why the exemption is

requested. A list of these departments,

agencies, or administrations that have

filed requests shall be published in the

Federal Register. The Commission may

take action with respect to those

requests 30 days after publication. The

Commission action shall be published

in the Federal Register. However, the

Commission may grant, on less than the

normal notice period or without notice,

special temporary authority, not to

exceed 90 days, for governmental

departments, agencies, or

administrations that wish to qualify for

interconnection of equipment or

security devices pursuant to this

section. Requests for such authority

shall state the particular fact and

circumstances why authority should be

granted on less than the normal notice

period or without notice. In such cases,

the Commission shall endeavor to

publish its disposition as promptly as

possible in the Federal Register.

8. Section 68.3 is revised to read as

follows:

§ 68.3 Definitions.

As used in this part:

Demarcation point (also point of

interconnection). As used in this part,

the point of demarcation and/or

interconnection between the

communications facilities of a provider

of wireline telecommunications, and

terminal equipment, protective

apparatus or wiring at a subscriber’s

premises.

Essential telephones. Only coinoperated telephones, telephones

provided for emergency use, and other

telephones frequently needed for use by

persons using such hearing aids.

Harm. Electrical hazards to the

personnel of providers of wireline

telecommunications, damage to the

equipment of providers of wireline

telecommunications, malfunction of the

billing equipment of providers of

wireline telecommunications, and

degradation of service to persons other

than the user of the subject terminal

equipment, his calling or called party.

Hearing aid compatible. Except as

used at §§ 68.4(a)(3) and 68.414, the

terms hearing aid compatible or hearing

aid compatibility are used as defined in

§ 68.316, unless it is specifically stated

that hearing aid compatibility volume

control, as defined in § 68.317, is

intended or is included in the

definition.

Inside wiring or premises wiring.

Customer-owned or controlled wire on

the subscriber’s side of the demarcation

point.

Premises. As used herein, generally a

dwelling unit, other building or a legal

unit of real property such as a lot on

which a dwelling unit is located, as

determined by the provider of

telecommunications service’s

reasonable and nondiscriminatory

standard operating practices.

Private radio services. Private land

mobile radio services and other

communications services characterized

by the Commission in its rules as

private radio services.

Public mobile services. Air-to-ground

radiotelephone services, cellular radio

telecommunications services, offshore

radio, rural radio service, public land

mobile telephone service, and other

common carrier radio communications

services covered by part 22 of Title 47

of the Code of Federal Regulations.

Responsible party. The party or

parties responsible for the compliance

of terminal equipment or protective

circuitry intended for connection

directly to the public switched

telephone network with the applicable

rules and regulations in this part and

with the technical criteria published by

the Administrative Council for Terminal

Attachments. If a Telecommunications

Certification Body certifies the terminal

equipment, the responsible party is the

holder of the certificate for that

equipment. If the terminal equipment is

the subject of a Supplier’s Declaration of

Conformity, the responsible party shall

be: the manufacturer of the terminal

equipment, or the manufacturer of

protective circuitry that is marketed for

use with terminal equipment that is not

to be connected directly to the network,

or if the equipment is imported, the

importer, or if the terminal equipment is

assembled from individual component

parts, the assembler. If the equipment is

modified by any party not working

under the authority of the responsible

party, the party performing the

modifications, if located within the

U.S., or the importer, if the equipment

is imported subsequent to the

modifications, becomes the new

responsible party. Retailers or original

equipment manufacturers may enter

into an agreement with the assembler or

importer to assume the responsibilities

to ensure compliance of the terminal

equipment and to become the

responsible party.

Secure telephones. Telephones that

are approved by the United States

Government for the transmission of

classified or sensitive voice

communications.

Terminal equipment. As used in this

part, communications equipment

located on customer premises at the end

of a communications link, used to

permit the stations involved to

accomplish the provision of

telecommunications or information

services.

9. Section 68.7 is added to read as

follows:

§ 68.7 Technical criteria for terminal

equipment.

(a) Terminal equipment shall not

cause harm, as defined in § 68.3, to the

public switched telephone network.

(b) Technical criteria published by the

Administrative Council for Terminal

Attachments are the presumptively

valid technical criteria for the protection

of the public switched telephone

network from harms caused by the

connection of terminal equipment,

subject to the appeal procedures in

§ 68.614 of this part.

10. Section 68.100 is revised to read

as follows:

§ 68.100 General.

In accordance with the rules and

regulations in this part, terminal

equipment may be directly connected to

the public switched telephone network,

including private line services provided

over wireline facilities that are owned

7582 Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations

by providers of wireline

telecommunications.

11. Section 68.102 is revised to read

as follows:

§ 68.102 Terminal equipment approval

requirement.

Terminal equipment must be

approved in accordance with the rules

and regulations in subpart C of this part,

or connected through protective

circuitry that is approved in accordance

with the rules and regulations in

subpart C.

§ 68.104 [Removed]

12. Section 68.104 is removed.

13. Section 68.105 is added to read as

follows:

§ 68.105 Minimum point of entry (MPOE)

and demarcation point.

(a) Facilities at the demarcation point.

Carrier-installed facilities at, or

constituting, the demarcation point

shall consist of wire or a jack

conforming to the technical criteria

published by the Administrative

Council for Terminal Attachments.

(b) Minimum point of entry. The

‘‘minimum point of entry’’ (MPOE) as

used herein shall be either the closest

practicable point to where the wiring

crosses a property line or the closest

practicable point to where the wiring

enters a multiunit building or buildings.

The reasonable and nondiscriminatory

standard operating practices of the

provider of wireline

telecommunications services shall

determine which shall apply. The

provider of wireline

telecommunications services is not

precluded from establishing reasonable

classifications of multiunit premises for

purposes of determining which shall

apply. Multiunit premises include, but

are not limited to, residential,

commercial, shopping center and

campus situations.

(c) Single unit installations. For single

unit installations existing as of August

13, 1990, and installations installed

after that date the demarcation point

shall be a point within 30 cm (12 in) of

the protector or, where there is no

protector, within 30 cm (12 in) of where

the telephone wire enters the customer’s

premises, or as close thereto as

practicable.

(d) Multiunit installations. (1) In

multiunit premises existing as of August

13, 1990, the demarcation point shall be

determined in accordance with the local

carrier’s reasonable and nondiscriminatory standard operating

practices. Provided, however, that

where there are multiple demarcation

points within the multiunit premises, a

demarcation point for a customer shall

not be further inside the customer’s

premises than a point twelve inches

from where the wiring enters the

customer’s premises, or as close thereto

as practicable.

(2) In multiunit premises in which

wiring is installed, including major

additions or rearrangements of wiring

existing prior to that date, the provider

of wireline telecommunications may

place the demarcation point at the

minimum point of entry (MPOE). If the

provider of wireline

telecommunications services does not

elect to establish a practice of placing

the demarcation point at the minimum

point of entry, the multiunit premises

owner shall determine the location of

the demarcation point or points. The

multiunit premises owner shall

determine whether there shall be a

single demarcation point location for all

customers or separate such locations for

each customer. Provided, however, that

where there are multiple demarcation

points within the multiunit premises, a

demarcation point for a customer shall

not be further inside the customer’s

premises than a point 30 cm (12 in)

from where the wiring enters the

customer’s premises, or as close thereto

as practicable. At the time of

installation, the provider of wireline

telecommunications services shall fully

inform the premises owner of its options

and rights regarding the placement of

the demarcation point or points and

shall not attempt to unduly influence

that decision for the purpose of

obstructing competitive entry.

(3) In any multiunit premises where

the demarcation point is not already at

the MPOE, the provider of wireline

telecommunications services must

comply with a request from the

premises owner to relocate the

demarcation point to the MPOE. The

provider of wireline

telecommunications services must

negotiate terms in good faith and

complete the relocation within forty-five

days from said request. Premises owners

may file complaints with the

Commission for resolution of allegations

of bad faith bargaining by provider of

wireline telecommunications services.

See 47 U.S.C. 208; 47 CFR 1.720 through

1.736 (1999).

(4) The provider of wireline

telecommunications services shall make

available information on the location of

the demarcation point within ten

business days of a request from the

premises owner. If the provider of

wireline telecommunications services

does not provide the information within

that time, the premises owner may

presume the demarcation point to be at

the MPOE. Notwithstanding the

provisions of § 68.110(c) of this part,

provider of wireline

telecommunications services must make

this information freely available to the

requesting premises owner.

(5) In multiunit premises with more

than one customer, the premises owner

may adopt a policy restricting a

customer’s access to wiring on the

premises to only that wiring located in

the customer’s individual unit that

serves only that particular customer.

14. Section 68.106 is revised to read

as follows:

§ 68.106 Notification to provider of wireline

telecommunications.

(a) General. Customers connecting

terminal equipment or protective

circuitry to the public switched

telephone network shall, upon request

of the provider of wireline

telecommunications, inform the

provider of wireline

telecommunications of the particular

line(s) to which such connection is

made, and any other information

required to be placed on the terminal

equipment pursuant to § 68.354 of this

part by the Administrative Council for

Terminal Attachments.

(b) Systems assembled of

combinations of individually-approved

terminal equipment and protective

circuitry. Customers connecting such

assemblages to the public switched

telephone network shall, upon the

request of the provider of wireline

telecommunications, provide to the

provider of wireline

telecommunications the following

information:

For each line:

(1) Information required for

compatible operation of the equipment

with the communications facilities of

the provider of wireline

telecommunications;

(2) The identifying information

required to be placed on terminal

equipment pursuant to § 68.354 for all

equipment dedicated to that line; and

(3) Any other information regarding

equipment dedicated to that line

required to be placed on the terminal

equipment by the Administrative

Council for Terminal Attachments.

(4) A list of identifying numbers

required to be placed on terminal

equipment, if any, by the

Administrative Council for Terminal

Attachments, pursuant to § 68.354 of

this part, for equipment to be used in

the system.

(c) Systems using other than ‘‘fully

protected’’ premises wiring. Customers

who intend to connect premises wiring

other than ‘‘fully protected’’ premises

Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations 7583

wiring to the public switched telephone

network shall, in addition to the

foregoing, give notice to the provider of

wireline telecommunications in

accordance with § 68.215(e).

15. Section 68.108 is amended by

revising the introductory text to read as

follows:

§ 68.108 Incidence of harm.

Should terminal equipment, inside

wiring, plugs and jacks, or protective

circuitry cause harm to the public

switched telephone network, or should

the provider of wireline

telecommunications reasonably

determine that such harm is imminent,

the provider of wireline

telecommunications shall, where

practicable, notify the customer that

temporary discontinuance of service

may be required; however, wherever

prior notice is not practicable, the

provider of wireline

telecommunications may temporarily

discontinue service forthwith, if such

action is reasonable under the

circumstances. In case of such

temporary discontinuance, the provider

of wireline telecommunications shall:

* * * * *

16. Section 68.110 is revised to read

as follows:

§ 68.110 Compatibility of the public

switched telephone network and terminal

equipment.

(a) Availability of interface

information. Technical information

concerning interface parameters not

specified by the technical criteria

published by the Administrative

Council for Terminal Attachments, that

are needed to permit terminal

equipment to operate in a manner

compatible with the communications

facilities of a provider of wireline

telecommunications, shall be provided

by the provider of wireline

telecommunications upon request.

(b) Changes in the facilities,

equipment, operations, or procedures of

a provider of wireline

telecommunications. A provider of

wireline telecommunications may make

changes in its communications

facilities, equipment, operations or

procedures, where such action is

reasonably required in the operation of

its business and is not inconsistent with

the rules and regulations in this part. If

such changes can be reasonably

expected to render any customer’s

terminal equipment incompatible with

the communications facilities of the

provider of wireline

telecommunications, or require

modification or alteration of such

terminal equipment, or otherwise

materially affect its use or performance,

the customer shall be given adequate

notice in writing, to allow the customer

an opportunity to maintain

uninterrupted service.

(c) Availability of inside wiring

information. Any available technical

information concerning wiring on the

customer side of the demarcation point,

including copies of existing schematic

diagrams and service records, shall be

provided by the provider of wireline

telecommunications upon request of the

building owner or agent thereof. The

provider of wireline

telecommunications may charge the

building owner a reasonable fee for this

service, which shall not exceed the cost

involved in locating and copying the

documents. In the alternative, the

provider of wireline

telecommunications may make these

documents available for review and

copying by the building owner. In this

case, the provider of wireline

telecommunications may charge a

reasonable fee, which shall not exceed

the cost involved in making the

documents available, and may also

require the building owner to pay a

deposit to guarantee the documents’

return.

17. The title of Subpart C is revised

to read as follows:

Subpart C—Terminal Equipment

Approval Procedures

§ 68.200 [Removed]

18. Section 68.200 is removed.

19. Section 68.201 is added to read as

follows:

§ 68.201 Connection to the public

switched telephone network.

Terminal equipment may not be

connected to the public switched

telephone network unless it has either

been certified by a Telecommunications

Certification Body or the responsible

party has followed all the procedures in

this subpart for Supplier’s Declaration

of Conformity.

§§ 68.202 through 68.210 [Removed]

20. Sections 68.202 through 68.210

are removed.

21. Section 68.211 is revised to read

as follows:

§ 68.211 Terminal equipment approval

revocation procedures.

(a) Causes for revocation. The

Commission may revoke the

interconnection authorization of

terminal equipment, whether that

authorization was acquired through

certification by a Telecommunications

Certification Body or through the

Supplier’s Declaration of Conformity

process in §§ 68.320 through 68.350 of

this part, where:

(1) The equipment approval is shown

to have been obtained by

misrepresentation;

(2) The approved equipment is shown

to cause harms to the public switched

telephone network, as defined in § 68.3;

(3) The responsible party willfully or

repeatedly fails to comply with the

terms and conditions of its equipment

approval; or

(4) The responsible party willfully or

repeatedly fails to comply with any rule,

regulation or order issued by the

Commission under the Communications

Act of 1934 relating to terminal

equipment.

(b) Notice of intent to revoke

interconnection authority. Before

revoking interconnection authority

under the provisions of this section, the

Commission, or the Common Carrier

Bureau under delegated authority, will

issue a written Notice of Intent to

Revoke Part 68 Interconnection

Authority, or a Joint Notice of Apparent

Liability for Forfeiture and Notice of

Intent to Revoke Part 68 Interconnection

Authority pursuant to §§ 1.80 and 1.89

of this chapter.

(c) Delivery. The notice will be sent

via certified mail to the responsible

party for the terminal equipment at

issue at the address provided to the

Administrative Council for Terminal

Attachments.

(d) Reauthorization. A product that

has had its approval revoked may not be

authorized for connection to the public

switched telephone network for a period

of six months from the date of

revocation of the approval.

(e) Reconsideration or appeal. A

responsible party of terminal equipment

that has had its authorization revoked

and/or that has been assessed a

forfeiture may request reconsideration

or make administrative appeal of the

decision pursuant to part 1 of the

Commission’s rules: Practice and

Procedure, part 1 of this chapter.

§ 68.212 [Removed]

22. Section 68.212 is removed.

23. Section 68.213(b) is revised to

read as follows:

§ 68.213 Installation of other than ‘‘fully

protected’’ non-system simple customer

premises wiring.

* * * * *

(b) Wiring authorized. Unprotected

premises wiring may be used to connect

units of terminal equipment or

protective circuitry to one another, and

to carrier-installed facilities if installed

in accordance with these rules. The

7584 Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations

provider of wireline

telecommunications is not responsible,

except pursuant to agreement between it

and the customer or undertakings by it,

otherwise consistent with Commission

requirements, for installation and

maintenance of wiring on the

subscriber’s side of the demarcation

point, including any wire or jacks that

may have been installed by the carrier.

The subscriber and/or premises owner

may install wiring on the subscriber’s

side of the demarcation point, and may

remove, reconfigure, and rearrange

wiring on that side of the demarcation

point including wiring and wiring that

may have been installed by the carrier.

The customer or premises owner may

not access carrier wiring and facilities

on the carrier’s side of the demarcation

point. Customers may not access the

protector installed by the provider of

wireline telecommunications. All plugs

and jacks used in connection with

inside wiring shall conform to the

published technical criteria of the

Administrative Council for Terminal

Attachments. In multiunit premises

with more than one customer, the

premises owner may adopt a policy

restricting a customer’s access to wiring

on the premises to only that wiring

located in the customer’s individual

unit wiring that serves only that

particular customer. See § 68.105 in this

part. The customer or premises owner

may not access carrier wiring and

facilities on the carrier’s side of the

demarcation point. Customers may not

access the protector installed by the

provider of wireline

telecommunications. All plugs and jacks

used in connection with inside wiring

shall conform to the published technical

criteria of the Administrative Council

for Terminal Attachments.

* * * * *

24. Section 68.214 is revised to read

as follows:

§ 68.214 Changes in other than ‘‘fully

protected’’ premises wiring that serves

fewer than four subscriber access lines.

Operations associated with the

installation, connection, reconfiguration

and removal (other than final removal)

of premises wiring that serves fewer

than four subscriber access lines must

be performed as provided in § 68.215(c)

if the premises wiring is not ‘‘fully

protected.’’ For this purpose, the

supervisor and installer may be the

same person.

25. Section 68.215 is amended by

revising paragraphs (a)(2), (a)(3), the

first sentence of paragraph (d)(5),

paragraphs (e)(9), (f)(4), and (g)(1)

through (g)(5) and by removing the note

after paragraph (d)(2) to read as follows:

§ 68.215 Installation of other than ‘‘fully

protected’’ system premises wiring that

serves more than four subscriber access

lines.

(a) * * *

(2) Between an equipment entity and

the public switched telephone network

interface(s). Fully-protected premises

wiring shall be used to connect

equipment entities to the public

switched telephone network interface

unless the provider of wireline

telecommunications is unwilling or

unable to locate the interface within 7.6

meters (25 feet) of the equipment entity

on reasonable request. In any such case,

other than fully-protected premises

wiring may be used if otherwise in

accordance with these rules.

(3) Hardware protection as part of the

facilities of the provider of wireline

telecommunications. In any case where

the carrier chooses to provide (and the

customer chooses to accept, except as

authorized under paragraph (g) of this

section), hardware protection on the

network side of the interface(s), the

presence of such hardware protection

will affect the classification of premises

wiring for the purposes of § 68.215, as

appropriate.

* * * * *

(d) * * *

(5) Limitations on electrical signals.

Only signal sources that emanate from

the provider of wireline

telecommunications central office, or

that are generated in equipment at the

customer’s premises and are ‘‘nonhazardous voltage sources’’ as defined

in the technical criteria published by

the Administrative Council for Terminal

Attachments, may be routed in premises

telephone wiring, except for voltages for

network control signaling and

supervision that are consistent with

standards employed by the provider of

wireline telecommunications. * * *

* * * * *

(e) * * *

(9) The supervisor’s signature. The

notarized original shall be submitted to

the provider of wireline

telecommunications at least ten

calendar days in advance of the

placement and connection of the wiring.

This time period may be changed by

agreement of the provider of wireline

telecommunications and the supervisor.

The copy shall be maintained at the

premises, available for inspection, so

long as the wiring is used for telephone

service.

(f) * * *

(4) Monitoring or participation in

acceptance testing by the provider of

wireline telecommunications. The

provider of wireline

telecommunications may monitor or

participate in the acceptance testing

required under this section, in

accordance with § 68.215(g) of this part,

from its central office test desk or

otherwise.

(g) Extraordinary procedures. The

provider of wireline

telecommunications is hereby

authorized to limit the subscriber’s right

of connecting approved terminal

equipment or protective circuitry with

other than fully-protected premises

wiring, but solely in accordance with

this paragraph and § 68.108 of these

rules.

(1) (i) Conditions that may invoke

these procedures. The extraordinary

procedures authorized herein may only

be invoked where one or more of the

following conditions is present:

(A) Information provided in the

supervisor’s affidavit gives reason to

believe that a violation of part 68 of the

FCC’s rules is likely.

(B) A failure has occurred during

acceptance testing for imbalance.

(C) Harm has occurred, and there is

reason to believe that this harm was a

result of wiring operations performed

under this section.

(ii) The extraordinary procedures

authorized in the following subsections

shall not be used so as to discriminate

between installations by provider of

wireline telecommunications personnel

and installations by others. In general,

this requires that any charges for these

procedures be levied in accordance

with, or analogous to, the ‘‘maintenance

of service’’ tariff provisions: If the

installation proves satisfactory, no

charge should be levied.

(2) Monitoring or participation in

acceptance testing for imbalance.

Notwithstanding the previous subsection, the provider of wireline

telecommunications may monitor or

participate in acceptance testing for

imbalance at the time of the initial

installation of wiring in the absence of

the conditions listed therein; at any

other time, on or more of the listed

conditions shall be present. Such

monitoring or participation in

acceptance testing should be performed

from the central office test desk where

possible to minimize costs.

(3) Inspection. Subject to paragraph

(g)(1) of this section, the provider of

wireline telecommunications may

inspect wiring installed pursuant to this

section, and all of the splicing and

connection points required to be

accessible by § 68.215(d)(3) to determine

compliance with this section. The user

or installation supervisor shall either

Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations 7585

authorize the provider of wireline

telecommunications to render the

splicing and inspection points visible

(e.g., by removing covers), or perform

this action prior to the inspection. To

minimize disruption of the premises

communications system, the right of

inspecting is limited as follows:

(i) During initial installation of

wiring:

(A) The provider of wireline

telecommunications may require

withdrawal of up to 5 percent

(measured linearly) of wiring run

concealed in ducts, conduit or wall

spaces, to determine conformance of the

wiring to the information furnished in

the affidavit.

(B) In the course of any such

inspection, the provider of wireline

telecommunications shall have the right

to inspect documentation required to be

maintained at the premises under

§ 68.215(e).

(ii) After failure of acceptance testing

or after harm has resulted from installed

wiring: The provider of wireline

telecommunications may require

withdrawal of all wiring run concealed

in ducts, conduit or wall spaces which

reasonably could have caused the

failure or harm, to determine

conformance of the wiring to the

information furnished in the affidavit.

(iii) In the course of any such

inspection, the provider of wireline

telecommunications shall have the right

to inspect documentation required to be

maintained at the premises under

§ 68.215(e).

(4) Requiring the use of protective

apparatus. In the event that any of the

conditions listed in paragraph (g)(1) of

this section, arises, and is not

permanently remedied within a

reasonable time period, the provider of

wireline telecommunications may

require the use of protective apparatus

that either protects solely against

hazardous voltages, or that protects both

against hazardous voltages and

imbalance. Such apparatus may be

furnished either by the provider of

wireline telecommunications or by the

customer. This right is in addition to the

rights of the provider of wireline

telecommunications under § 68.108.

(5) Notice of the right to bring a

complaint. In any case where the

provider of wireline

telecommunications invokes the

extraordinary procedures of § 68.215(g),

it shall afford the customer the

opportunity to correct the situation that

gave rise to invoking these procedures,

and inform the customer of the right to

bring a complaint to the Commission

pursuant to the procedures set forth in

subpart E of this part. On complaint, the

Commission reserves the right to

perform any of the inspections

authorized under this section, and to

require the performance of acceptance

tests.

* * * * *

§ 68.216 [Removed]

26. Section 68.216 is removed.

27. Section 68.218 is revised to read

as follows:

§ 68.218 Responsibility of the party

acquiring equipment authorization.

(a) In acquiring approval for terminal

equipment to be connected to the public

switched telephone network, the

responsible party warrants that each

unit of equipment marketed under such

authorization will comply with all

applicable rules and regulations of this

part and with the applicable technical

criteria of the Administrative Council

for Terminal Attachments.

(b) The responsible party or its agent

shall provide the user of the approved

terminal equipment the following:

(1) Consumer instructions required to

be included with approved terminal

equipment by the Administrative

Council for Terminal Attachments;

(2) For a telephone that is not hearing

aid-compatible, as defined in § 68.316 of

these rules:

(i) Notice that FCC rules prohibit the

use of that handset in certain locations;

and

(ii) A list of such locations (see

§ 68.112).

(c) When approval is revoked for any

item of equipment, the responsible party

must take all reasonable steps to ensure

that purchasers and users of such

equipment are notified to discontinue

use of such equipment.

§ 68.220 [Removed]

28. Section 68.220 is removed.

§ 68.226 [Removed]

29. Section 68.226 is removed.

30. The section heading for part 68,

Subpart D is revised to read as follows:

Subpart D—Conditions for Terminal

Equipment Approval

31. Section 68.300 is amended by

revising paragraph (a), removing

paragraph (b), and by redesignating

paragraph (c) as paragraph (b) to read as

follows:

§ 68.300 Approval of terminal equipment

for connection to the public switched

telephone network.

(a) Terminal equipment approved as

set out in this part must be labeled in

accordance with the requirements

published by the Administrative

Council for Terminal Attachments and

with requirements of this part for

hearing aid compatibility and volume

control.

* * * * *

§§ 68.302 through 68.314 [Removed]

32. Sections 68.302 through 68.314

are removed.

33. Section 68.320 is added to read as

follows:

§ 68.320 Supplier’s Declaration of

Conformity.

(a) Supplier’s Declaration of

Conformity is a procedure where the

responsible party, as defined in § 68.3,

makes measurements or takes other

necessary steps to ensure that the

terminal equipment complies with the

appropriate technical standards.

(b) The Supplier’s Declaration of

Conformity attaches to all items

subsequently marketed by the

responsible party which are identical,

within the variation that can be

expected to arise as a result of quantity

production techniques, to the sample

tested and found acceptable by the

responsible party.

(c) The Supplier’s Declaration of

Conformity signifies that the responsible

party has determined that the

equipment has been shown to comply

with the applicable technical criteria if

no unauthorized change is made in the

equipment and if the equipment is

properly maintained and operated.

(d) The responsible party, if different

from the manufacturer, may upon

receiving a written statement from the

manufacturer that the equipment

complies with the appropriate technical

criteria, rely on the manufacturer or

independent testing agency to

determine compliance. Any records that

the Administrative Council for Terminal

Attachments requires the responsible

party to maintain shall be in the English

language and shall be made available to

the Commission upon a request.

(e) No person shall use or make

reference to a Supplier’s Declaration of

Conformity in a deceptive or misleading

manner or to convey the impression that

such a Supplier’s Declaration of

Conformity reflects more than a

determination by the responsible party

that the device or product has been

shown to be capable of complying with

the applicable technical criteria

published by the Administrative

Council of Terminal Attachments.

34. Section 68.321 is added to read as

follows:

7586 Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations

§ 68.321 Location of responsible party.

The responsible party for a Supplier’s

Declaration of Conformity must be

located within the United States.

35. Section 68.322 is added to read as

follows:

§ 68.322 Changes in name, address,

ownership or control of responsible party.

(a) The responsible party for a

Supplier’s Declaration of Conformity

may license or otherwise authorize a

second party to manufacture the

equipment covered by the Supplier’s

Declaration of Conformity provided that

the responsible party shall continue to

be responsible to the Commission for

ensuring that the equipment produced

pursuant to such an agreement remains

compliant with the appropriate

standards.

(b) In the case of transactions affecting

the responsible party of a Supplier’s

Declaration of Conformity, such as a

transfer of control or sale to another

company, mergers, or transfer of

manufacturing rights, the successor

entity shall become the responsible

party.

36. Section 68.324 is added to read as

follows:

§ 68.324 Supplier’s Declaration of

Conformity requirements.

(a) Each responsible party shall

include in the Supplier’s Declaration of

Conformity, the following information:

(1) The identification and a

description of the responsible party for

the Supplier’s Declaration of Conformity

and the product, including the model

number of the product,

(2) A statement that the terminal

equipment conforms with applicable

technical requirements, and a reference

to the technical requirements,

(3) The date and place of issue of the

declaration,

(4) The signature, name and function

of person making declaration,

(5) A statement that the handset, if

any, complies with § 68.316 of these

rules (defining hearing aid

compatibility), or that it does not

comply with that section. A telephone

handset which complies with § 68.316

shall be deemed a ‘‘hearing aidcompatible telephone’’ for purposes of

§ 68.4.

(6) Any other information required to

be included in the Supplier’s

Declaration of Conformity by the

Administrative Council of Terminal

Attachments.

(b) If the device that is subject to a

Supplier’s Declaration of Conformity is

designed to operate in conjunction with

other equipment, the characteristics of

which can affect compliance of such

device with part 68 rules and/or with

technical criteria published by the

Administrative Council for Terminal

Attachments, then the Model Number(s)

of such other equipment must be

supplied, and such other equipment

must also include a Supplier’s

Declaration of Conformity or a

certification from a

Telecommunications Certification Body.

(c) The Supplier’s Declaration of

Conformity shall be included in the

user’s manual or as a separate document

enclosed with the terminal equipment.

(d) If terminal equipment is not

subject to a Supplier’s Declaration of

Conformity, but instead contains

protective circuitry that is subject to a

Supplier’s Declaration of Conformity,

then the responsible party for the

protective circuitry shall include with

each module of such circuitry, a

Supplier’s Declaration of Conformity

containing the information required

under § 68.340(a), and the responsible

party of such terminal equipment shall

include such statement with each unit

of the product.

(e) (1) The responsible party for the

terminal equipment subject to a

Supplier’s Declaration of Conformity

also shall provide to the purchaser of

such terminal equipment, instructions

as required by the Administrative

Council for Terminal Attachments.

(2) A copy of the Supplier’s

Declaration of Conformity shall be

provided to the Administrative Council

for Terminal Attachments along with

any other information the

Administrative Council for Terminal

Attachments requires; this information

shall be made available to the public.

(3) The responsible party shall make

a copy of the Supplier’s Declaration of

Conformity freely available to the

general public on its company website.

The information shall be accessible to

the disabled community from the

website. If the responsible party does

not have a functional and reliable

website, then the responsible party shall

inform the Administrative Council for

Terminal Attachments of such

circumstances, and the Administrative

Council for Terminal Attachments shall

make a copy available on its website.

(f) For a telephone that is not hearing

aid-compatible, as defined in § 68.316 of

this part, the responsible party also shall

provide the following in the Supplier’s

Declaration of Conformity:

(1) Notice that FCC rules prohibit the

use of that handset in certain locations;

and

(2) A list of such locations (see

§ 68.112).

37. Section 68.326 is added to read as

follows:

§ 68.326 Retention of records.

(a) The responsible party for a

Supplier’s Declaration of Conformity

shall maintain records containing the

following information:

(1) A copy of the Supplier’s

Declaration of Conformity;

(2) The identity of the testing facility,

including the name, address, phone

number and other contact information.

(3) A detailed explanation of the

testing procedure utilized to determine

whether terminal equipment conforms

to the appropriate technical criteria.

(4) A copy of the test results for

terminal equipment compliance with

the appropriate technical criteria.

(b) For each device subject to the

Supplier’s Declaration of Conformity

requirement, the responsible party shall

maintain all records required under

§ 68.326(a) for at least ten years after the

manufacture of said equipment has been

permanently discontinued, or until the

conclusion of an investigation or a

proceeding, if the responsible party is

officially notified prior to the expiration

of such ten year period that an

investigation or any other

administrative proceeding involving its

equipment has been instituted,

whichever is later.

38. Section 68.346 is added to read as

follows:

§ 68.346 Description of testing facilities.

(a) Each responsible party for

equipment that is subject to a Supplier’s

Declaration of Conformity under this

part, shall compile a description of the

measurement facilities employed for

testing the equipment. The responsible

party for the Supplier’s Declaration of

Conformity shall retain a description of

the measurement facilities.

(b) The description shall contain the

information required to be included by

the Administrative Council for Terminal

Attachments.

39. Section 68.348 is added to read as

follows:

§ 68.348 Changes in equipment and

circuitry subject to a Supplier’s Declaration

of Conformity.

(a) No change shall be made in

terminal equipment or protective

circuitry that would result in any

material change in the information

contained in the Supplier’s Declaration

of Conformity Statement furnished to

users.

(b) Any other changes in terminal

equipment or protective circuitry which

is subject to an effective Supplier’s

Declaration of Conformity shall be made

only by the responsible party or an

authorized agent thereof, and the

responsible party will remain

Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations 7587

responsible for the performance of such

changes.

40. Section 68.350 is added to read as

follows:

§ 68.350 Revocation of Supplier’s

Declaration of Conformity.

(a) The Commission may revoke any

Supplier’s Declaration of Conformity for

cause in accordance with the provisions

of this section or in the event changes

in technical standards published by the

Administrative Council for Terminal

Attachments require the revocation of

any outstanding Supplier’s Declaration

of Conformity in order to achieve the

objectives of part 68.

(b) Cause for revocation. In addition

to the provisions in § 68.211, the

Commission may revoke a Supplier’s

Declaration of Conformity:

(1) For false statements or

representations made in materials or

responses submitted to the Commission

and/or the Administrative Council for

Terminal Attachments, or in records

required to be kept by § 68.324 and the

Administrative Council for Terminal

Attachments.

(2) If upon subsequent inspection or

operation it is determined that the

equipment does not conform to the

pertinent technical requirements.

(3) If it is determined that changes

have been made in the equipment other

that those authorized by this part or

otherwise expressly authorized by the

Commission.

41. Section 68.354 is added to read as

follows:

§ 68.354 Numbering and labeling

requirements for terminal equipment.

(a) Terminal equipment and

protective circuitry that is subject to a

Supplier’s Declaration of Conformity or

that is certified by a

Telecommunications Certification Body

shall have labels in a place and manner

required by the Administrative Council

for Terminal Attachments.

(b) Terminal equipment labels shall

include an identification numbering

system in a manner required by the

Administrative Council for Terminal

Attachments.

(c) If the Administrative Council for

Terminal Attachments chooses to

continue the practice of utilizing a

designated ‘‘FCC’’ number, it shall

include in its labeling requirements a

warning that the Commission no longer

directly approves or registers terminal

equipment.

(d) Labeling developed for terminal

equipment by the Administrative

Council for Terminal Attachments shall

contain sufficient information for

providers of wireline

telecommunications, the Federal

Communications Commission, and the

U.S. Customs Service to carry out their

functions, and for consumers to easily

identify the responsible party and the

manufacturer of their terminal

equipment. The numbering and labeling

scheme shall be nondiscriminatory,

creating no competitive advantage for

any entity or segment of the industry.

(e) FCC numbering and labeling

requirements existing prior to the

effective date of these rules shall remain

unchanged until the Administrative

Council for Terminal Attachments

publishes its numbering and labeling

requirements.

42. Section 68.415 is added to read as

follows:

§ 68.415 Hearing aid-compatibility and

volume control informal complaints.

Persons with complaints under

§§ 68.4 and 68.112 that are not

addressed by the states pursuant to

§ 68.414, and all other complaints

regarding rules in this part pertaining to

hearing aid compatibility and volume

control, may bring informal complaints

as described in § 68.416 through

§ 68.420. All responsible parties of

terminal equipment are subject to the

informal complaint provisions specified

in this section.

43. Section 68.417 is added to read as

follows:

§ 68.417 Informal complaints; form and

content.

(a) An informal complaint alleging a

violation of hearing aid compatibility

and/or volume control rules in this

subpart may be transmitted to the

Consumer Information Bureau by any

reasonable means, e.g., letter, facsimile

transmission, telephone (voice/TRS/

TTY), Internet e-mail, ASCII text, audiocassette recording, and Braille.

(b) An informal complaint shall

include:

(1) The name and address of the

complainant;

(2) The name and address of the

responsible party, if known, or the

manufacturer or provider against whom

the complaint is made;

(3) A full description of the terminal

equipment about which the complaint is

made;

(4) The date or dates on which the

complainant purchased, acquired or

used the terminal equipment about

which the complaint is being made;

(5) A complete statement of the facts,

including documentation where

available, supporting the complainant’s

allegation that the defendant has failed

to comply with the requirements of this

subpart;

(6) The specific relief or satisfaction

sought by the complainant, and

(7) The complainant’s preferred

format or method of response to the

complaint by the Commission and

defendant (e.g., letter, facsimile

transmission, telephone (voice/TRS/

TTY), Internet e-mail, ASCII text, audiocassette recording, Braille; or some other

method that will best accommodate the

complainant’s disability).

44. Section 68.418 is added to read as

follows:

§ 68.418 Procedure; designation of agents

for service.

(a) The Commission shall promptly

forward any informal complaint meeting

the requirements of § 68.17 to each

responsible party named in or

determined by the staff to be implicated

by the complaint. Such responsible

party or parties shall be called on to

satisfy or answer the complaint within

the time specified by the Commission.

(b) To ensure prompt and effective

service of informal complaints filed

under this subpart, every responsible

party of equipment approved pursuant

to this part shall designate and identify

one or more agents upon whom service

may be made of all notices, inquiries,

orders, decisions, and other

pronouncements of the Commission in

any matter before the Commission. Such

designation shall be provided to the

Administrative Council for Terminal

Attachment and shall include a name or

department designation, business

address, telephone number, and, if

available TTY number, facsimile

number, and Internet e-mail address.

The Administrative Council shall make

this information promptly available

without charge to complainants upon

request.

45. Section 68.419 is added to read as

follows:

§ 68.419 Answers to informal complaints.

Any responsible party to whom the

Commission or the Consumer

Information Bureau under this subpart

directs an informal complaint shall file

an answer within the time specified by

the Commission or the Consumer

Information Bureau. The answer shall:

(a) Be prepared or formatted in the

manner requested by the complainant

pursuant to § 68.417, unless otherwise

permitted by the Commission or the

Consumer Information Bureau for good

cause shown;

(b) Describe any actions that the

defendant has taken or proposes to take

to satisfy the complaint;

(c) Advise the complainant and the

Commission or the Consumer

7588 Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations

Information Bureau of the nature of the

defense(s) claimed by the defendant;

(d) Respond specifically to all

material allegations of the complaint;

and

(e) Provide any other information or

materials specified by the Commission

or the Consumer Information Bureau as

relevant to its consideration of the

complaint.

46. Section 68.420 is added to read as

follows:

§ 68.420 Review and disposition of

informal complaints.

(a) Where it appears from the

defendant’s answer, or from other

communications with the parties, that

an informal complaint has been

satisfied, the Commission or the

Consumer Information Bureau on

delegated authority may, in its

discretion, consider the informal

complaint closed, without response to

the complainant or defendant. In all

other cases, the Commission or the

Consumer Information Bureau shall

inform the parties of its review and

disposition of a complaint filed under

this subpart. Where practicable, this

information (the nature of which is

specified in paragraphs (b) through (d)

of this section, shall be transmitted to

the complainant and defendant in the

manner requested by the complainant,

(e.g., letter, facsimile transmission,

telephone (voice/TRS/TTY), Internet email, ASCII text, audio-cassette

recording, or Braille).

(b) In the event the Commission or the

Consumer Information Bureau

determines, based on a review of the

information provided in the informal

complaint and the defendant’s answer

thereto, that no further action is

required by the Commission or the

Consumer Information Bureau with

respect to the allegations contained in

the informal complaint, the informal

complaint shall be closed and the

complainant and defendant shall be

duly informed of the reasons therefor. A

complainant, unsatisfied with the

defendant’s response to the informal

complaint and the staff decision to

terminate action on the informal

complaint, may file a complaint with

the Commission or the Common Carrier

Bureau as specified in §§ 68.400 through

68.412.

(c) In the event the Commission or the

Consumer Information Bureau on

delegated authority determines, based

on a review of the information

presented in the informal complaint and

the defendant’s answer thereto, that a

material and substantial question

remains as to the defendant’s

compliance with the requirements of

this subpart, the Commission or the

Consumer Information Bureau may

conduct such further investigation or

such further proceedings as may be

necessary to determine the defendant’s

compliance with the requirements of

this subpart and to determine what, if

any, remedial actions and/or sanctions

are warranted.

(d) In the event that the Commission

or the Consumer Information Bureau on

delegated authority determines, based

on a review of the information

presented in the informal complaint and

the defendant’s answer thereto, that the

defendant has failed to comply with or

is presently not in compliance with the

requirements of this subpart, the

Commission or the Consumer

Information Bureau on delegated

authority may order or prescribe such

remedial actions and/or sanctions as are

authorized under the Act and the

Commission’s rules and which are

deemed by the Commission or the

Consumer Information Bureau on

delegated authority to be appropriate

under the facts and circumstances of the

case.

47. Section 68.423 is added to read as

follows:

§ 68.423 Actions by the Commission on its

own motion.

The Commission may on its own

motion conduct such inquiries and hold

such proceedings as it may deem

necessary to enforce the requirements of

this subpart. The procedures to be

followed by the Commission shall,

unless specifically prescribed in the Act

and the Commission’s rules, be such as

in the opinion of the Commission will

best serve the purposes of such inquiries

and proceedings.

Subpart F—[Reserved]

48. Remove and reserve subpart F,

consisting of §§ 68.500 through 68.506.

49. Subpart G is added to part 68 to

read as follows:

Subpart G—Administrative Council for

Terminal Attachments

Sec.

68.602 Sponsor of the Administrative

Council for Terminal Attachments.

68.604 Requirements for submitting

technical criteria.

68.608 Publication of technical criteria.

68.610 Database of terminal equipment.

68.612 Labels on terminal equipment.

68.614 Oppositions and appeals.

§ 68.602 Sponsor of the Administrative

Council for Terminal Attachment.

(a) The Telecommunications Industry

Association (TIA) and the Alliance for

Telecommunications Industry Solutions

(ATIS) jointly shall establish the

Administrative Council for Terminal

Attachment and shall sponsor the

Administrative Council for Terminal

Attachments for four years from the

effective date of these rules. The

division of duties by which this

responsibility is executed may be a

matter of agreement between these two

parties; however, both are jointly and

severally responsible for observing these

rule provisions. After four years from

the effective date of these rules, and

thereafter on a quadrennial basis, the

Administrative Council for Terminal

Attachments may vote by simple

majority to be sponsored by any ANSIaccredited organization.

(b) The sponsoring organizations shall

ensure that the Administrative Council

for Terminal Attachments is populated

in a manner consistent with the criteria

of American National Standards

Institute’s Organization Method or the

Standards Committee Method (and their

successor Method or Methods as ANSI

may from time to time establish) for a

balanced and open membership.

(c) After the Administrative Council

for Terminal Attachments is populated,

the sponsors are responsible for

fulfilling secretariat functions as

determined by the Administrative

Council for Terminal Attachments. The

Administrative Council for Terminal

Attachments shall post on a publicly

available website and make available to

the public in hard copy form the

contract into which it enters with the

sponsor or sponsors.

§ 68.604 Requirements for submitting

technical criteria.

(a) Any standards development

organization that is accredited under the

American National Standards Institute’s

Organization Method or the Standards

Committee Method (and their successor

Method or Methods as ANSI may from

time to time establish) may establish

technical criteria for terminal

equipment pursuant to ANSI consensus

decision-making procedures, and it may

submit such criteria to the

Administrative Council for Terminal

Attachments.

(b) Any ANSI-accredited standards

development organization that develops

standards for submission to the

Administrative Council for Terminal

Attachments must implement and use

procedures for the development of those

standards that ensure openness

equivalent to the Commission

rulemaking process.

(c) Any standards development

organization that submits standards to

the Administrative Council for Terminal

Attachments for publication as technical

Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Rules and Regulations 7589

criteria shall certify to the

Administrative Council for Terminal

Attachments that:

(1) The submitting standards

development organization is ANSIaccredited to the Standards Committee

Method or the Organization Method (or

their successor Methods as amended

from time to time by ANSI);

(2) The technical criteria that it

proposes for publication do not conflict

with any published technical criteria or

with any technical criteria submitted

and pending for publication, and

(3) The technical criteria that it

proposes for publication are limited to

preventing harms to the public switched

telephone network, identified in § 68.3

of this part.

§ 68.608 Publication of technical criteria.

The Administrative Council for

Terminal Attachments shall place

technical criteria proposed for

publication on public notice for 30 days.

At the end of the 30 day public notice

period, if there are no oppositions, the

Administrative Council for Terminal

Attachments shall publish the technical

criteria.

§ 68.610 Database of terminal equipment.

(a) The Administrative Council for

Terminal Attachments shall operate and

maintain a database of all approved

terminal equipment. The database shall

meet the requirements of the Federal

Communications Commission and the

U.S. Customs Service for enforcement

purposes. The database shall be

accessible by government agencies free

of charge. Information in the database

shall be readily available and accessible

to the public, including individuals

with disabilities, at nominal or no costs.

(b) Responsible parties, whether they

obtain their approval from a

Telecommunications Certification Body

or utilize the Supplier’s Declaration of

Conformity process, shall submit to the

database administrator all information

required by the Administrative Council

for Terminal Attachments.

(c) The Administrative Council for

Terminal Attachments shall ensure that

the database is created and maintained

in an equitable and nondiscriminatory

manner. The manner in which the

database is created and maintained shall

not permit any entity or segment of the

industry to gain a competitive

advantage.

(d) The Administrative Council for

Terminal Attachments shall file with

the Commission, within 180 days of

publication of these rules in the Federal

Register, a detailed report of the

structure of the database, including

details of how the Administrative

Council for Terminal Attachments will

administer the database, the pertinent

information to be included in the

database, procedures for including

compliance information in the database,

and details regarding how the

government and the public will access

the information.

§ 68.612 Labels on terminal equipment.

Terminal equipment certified by a

Telecommunications Certification Body

or approved by the Supplier’s

Declaration of Conformity under this

part shall be labeled. The

Administrative Council for Terminal

Attachments shall establish appropriate

labeling of terminal equipment.

Labeling shall meet the requirements of

the Federal Communications

Commission and the U.S. Customs

Service for their respective enforcement

purposes, and of consumers for

purposes of identifying the responsible

party, manufacturer and model number.

§ 68.614 Oppositions and appeals.

(a) Oppositions filed in response to

the Administrative Council for Terminal

Attachments’ public notice of technical

criteria proposed for publication must

be received by the Administrative

Council for Terminal Attachments

within 30 days of public notice to be

considered. Oppositions to proposed

technical criteria shall be addressed

through the appeals procedures of the

authoring standards development

organization and of the American

National Standards Institute. If these

procedures have been exhausted, the

aggrieved party shall file its opposition

with the Commission for de novo

review.

(b) As an alternative, oppositions to

proposed technical criteria may be filed

directly with the Commission for de

novo review within the 30 day public

notice period.

[FR Doc. 01–1034 Filed 1–23–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–61; 00–141, RM–9930; 00–142, RM–

9923; 00–143, RM–9931; 00–144, RM–9925;

00–153, RM–9936]

Radio Broadcasting Services;

Pentwater, MI, Hawthorne, NV,

Ludington, MI, Groveton, NH,

Marceline, MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission allots: (1)

Channel 280A to Pentwater, MI, as its

third local commercial FM service, at

the request of Garry Zack; (2) Channel

254C1 to Hawthorne, NV, as its first

local aural service, at the request of

Campbell River Broadcasting, LLC, and,

on the Commission’s own motion,

deletes Channel 228A at Hawthorne,

NV; (3) Channel 242A to Ludington, MI,

as its second local commercial FM

service, at the request of Garry Zack; (4)

Channel 268A to Groveton, NH, as its

second local FM service, at the request

of Linda A. Davidson; and (5) Channel

256A to Marceline, MO, as its first local

aural service, at the request of Ronald G

Filbeck and Clyde John Holdsworth

d/b/a RC Broadcasting Company. See,

65 FR 51575–51577, August 24, 2000,

65 FR 54833, September 11, 2000. All of

the channels can be allotted in

compliance with the Commission’s

minimum distance separation

requirements. A filing window for these

channels will not be opened at this

time. Instead, the issue of opening a

filing window for these channels will be

addressed by the Commission in a

subsequent order.

DATE: Effective February 26, 2001

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: Channel

280A can be allotted to Pentwater, MI,

without the imposition of a site

restriction, at coordinates 43–46–30 NL;

86–26–24 WL. Channel 254C1 can be

allotted to Hawthorne, NV, without the

imposition of a site restriction, at

coordinates 38–31–29 NL; 118–37–25

WL. Channel 242A can be allotted to

Ludington, MI, with a site restriction of

5.5 kilometers (3.4 miles) south, at

coordinates 43–54–15 NL; 86–26–10

WL, to avoid a short-spacing to Station

WLXT, Channel 242C1, Petoskey, MI.

Channel 268A can be allotted to

Groveton, NH, with a site restriction of

7.2 kilometers (4.4 miles) northeast, at

coordinates 44–37–43 NL; 71–25–55

WL, to avoid a short-spacing to Stations

WYKR–FM, Channel 267A, Haverhill,

and WBHG, Channel 268A, Meredith,

NH. Channel 256A can be allotted to

Marceline, MO, with a site restriction of

7.2 kilometers (4.5 miles) northeast, at

coordinates 39–44–42 NL; 92–52–33

WL, to avoid a short-spacing to Station

KQRC–FM, Channel 255C,

Leavenworth, KS.

This is a synopsis of the

Commission’s Report and Order, MM

Docket Nos. 00–141, 00–142, 00–143,

00–144, and 00–153 adopted January 3,

2001, and released January 12, 2001.

The full text of this Commission