[Federal Register Volume 66, Number 16 (Wednesday, January 24, 2001)]
[Rules and Regulations]
[Pages 7579-7589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1034]


=======================================================================
-----------------------------------------------------------------------

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 Sec. 68.105 and the 
definition of ``demarcation point'' in Sec. 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, <a href="/cdn-cgi/l/email-protection#43302e22242d2c3737032520206d242c35"><span class="__cf_email__" data-cfemail="3c4f515d5b525348487c5a5f5f125b534a">[email protected]</span></a>, Network Services Division, 
Common Carrier Bureau, or Dennis Johnson, 202/418-0809, Fax 202/418-
2345, TTY 202/418-0484, <a href="/cdn-cgi/l/email-protection#0561666f6a6d6b766a456366662b626a73"><span class="__cf_email__" data-cfemail="b3d7d0d9dcdbddc0dcf3d5d0d09dd4dcc5">[email protected]</span></a>, 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

[[Page 7580]]

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 ANSI-accredited 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 standards-development projects, and take 
other actions that will support the Administrative Council's functions 
and coordination of industry standards-setting 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 Secs. 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:


Sec. 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:


Sec. 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,

[[Page 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:


Sec. 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 coin-operated 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 Secs. 68.4(a)(3) and 
68.414, the terms hearing aid compatible or hearing aid compatibility 
are used as defined in Sec. 68.316, unless it is specifically stated 
that hearing aid compatibility volume control, as defined in 
Sec. 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:


Sec. 68.7  Technical criteria for terminal equipment.

    (a) Terminal equipment shall not cause harm, as defined in 
Sec. 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 Sec. 68.614 of this part.

    10. Section 68.100 is revised to read as follows:


Sec. 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

[[Page 7582]]

by providers of wireline telecommunications.

    11. Section 68.102 is revised to read as follows:


Sec. 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.


Sec. 68.104  [Removed]

    12. Section 68.104 is removed.

    13. Section 68.105 is added to read as follows:


Sec. 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 non-discriminatory 
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 
Sec. 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:


Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 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 Sec. 68.215(e).

    15. Section 68.108 is amended by revising the introductory text to 
read as follows:


Sec. 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:


Sec. 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


Sec. 68.200  [Removed]

    18. Section 68.200 is removed.

    19. Section 68.201 is added to read as follows:


Sec. 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.


Secs. 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:


Sec. 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 Secs. 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 Sec. 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 Secs. 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.


Sec. 68.212  [Removed]

    22. Section 68.212 is removed.

    23. Section 68.213(b) is revised to read as follows:


Sec. 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

[[Page 7584]]

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 Sec. 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:


Sec. 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 Sec. 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:


Sec. 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 Sec. 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 ``non-hazardous 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 Sec. 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 Sec. 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 sub-section, 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 Sec. 68.215(d)(3) to determine compliance 
with this section. The user or installation supervisor shall either

[[Page 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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.
* * * * *


Sec. 68.216  [Removed]

    26. Section 68.216 is removed.

    27. Section 68.218 is revised to read as follows:


Sec. 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 Sec. 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 Sec. 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.


Sec. 68.220  [Removed]

    28. Section 68.220 is removed.


Sec. 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:


Sec. 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.
* * * * *


Secs. 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:


Sec. 68.320  Supplier's Declaration of Conformity.

    (a) Supplier's Declaration of Conformity is a procedure where the 
responsible party, as defined in Sec. 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:

[[Page 7586]]

Sec. 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:


Sec. 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:


Sec. 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 Sec. 68.316 
of these rules (defining hearing aid compatibility), or that it does 
not comply with that section. A telephone handset which complies with 
Sec. 68.316 shall be deemed a ``hearing aid-compatible telephone'' for 
purposes of Sec. 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 Sec. 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 Sec. 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 Sec. 68.112).

    37. Section 68.326 is added to read as follows:


Sec. 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 Sec. 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:


Sec. 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:


Sec. 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

[[Page 7587]]

responsible for the performance of such changes.
    40. Section 68.350 is added to read as follows:


Sec. 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 
Sec. 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 
Sec. 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:


Sec. 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:


Sec. 68.415  Hearing aid-compatibility and volume control informal 
complaints.

    Persons with complaints under Secs. 68.4 and 68.112 that are not 
addressed by the states pursuant to Sec. 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 Sec. 68.416 through Sec. 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:


Sec. 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, audio-cassette 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, 
audio-cassette recording, Braille; or some other method that will best 
accommodate the complainant's disability).

    44. Section 68.418 is added to read as follows:


Sec. 68.418  Procedure; designation of agents for service.

    (a) The Commission shall promptly forward any informal complaint 
meeting the requirements of Sec. 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:


Sec. 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 Sec. 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

[[Page 7588]]

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:


Sec. 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 e-mail, 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 Secs. 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:


Sec. 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 Secs. 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.


Sec. 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 ANSI-accredited 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.


Sec. 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

[[Page 7589]]

criteria shall certify to the Administrative Council for Terminal 
Attachments that:
    (1) The submitting standards development organization is ANSI-
accredited 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 Sec. 68.3 of this part.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>