[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR68]
[Page 316-350]
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION--(CONTINUED)
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
Subpart A--General
Sec.
68.1 Purpose.
68.2 Scope.
68.3 Definitions.
68.4 Hearing aid-compatible telephones.
68.5 Waivers.
68.6 Telephones with volume control.
68.7 Technical criteria for terminal equipment.
Subpart B--Conditions on Use of Terminal Equipment
68.100 General.
68.102 Terminal equipment approval requirement.
68.105 Minimum point of entry (MPOE) and demarcation point.
68.106 Notification to provider of wireline telecommunications.
68.108 Incidence of harm.
68.110 Compatibility of the public switched telephone network and
terminal equipment.
68.112 Hearing aid-compatibility.
68.160 Designation of Telecommunication Certification Bodies (TCBs).
68.162 Requirements for Telecommunication Certification Bodies.
Subpart C--Terminal Equipment Approval Procedures
68.201 Connection to the public switched telephone network.
68.211 Terminal equipment approval revocation procedures.
68.213 Installation of other than ``fully protected'' non-system simple
customer premises wiring.
68.214 Changes in other than ``fully protected'' premises wiring that
serves fewer than four subscriber access lines.
68.215 Installation of other than ``fully-protected'' system premises
wiring that serves more than four subscriber access lines.
68.218 Responsibility of the party acquiring equipment authorization.
68.224 Notice of non-hearing aid compatibility.
[[Page 317]]
Subpart D--Conditions for Terminal Equipment Approval
68.300 Labeling requirements.
68.316 Hearing aid compatibility: Technical requirements.
68.317 Hearing aid compatibility volume control: technical standards.
68.318 Additional limitations.
68.320 Supplier's Declaration of Conformity.
68.321 Location of responsible party.
68.322 Changes in name, address, ownership or control of responsible
party.
68.324 Supplier's Declaration of Conformity requirements.
68.326 Retention of records.
68.346 Description of testing facilities.
68.348 Changes in equipment and circuitry subject to a Supplier's
Declaration of Conformity.
68.350 Revocation of Supplier's Declaration of Conformity.
68.354 Numbering and labeling requirements for terminal equipment.
Subpart E--Complaint Procedures
68.400 Content.
68.402 Amended complaints.
68.404 Number of copies.
68.406 Service.
68.408 Answers to complaints and amended complaints.
68.410 Replies to answers or amended answers.
68.412 Defective pleadings.
68.414 Hearing aid-compatibility: Enforcement.
68.415 Hearing aid-compatibility and volume control informal
complaints.
68.417 Informal complaints; form and content.
68.418 Procedure; designation of agents for service.
68.419 Answers to informal complaints.
68.420 Review and disposition of informal complaints.
68.423 Actions by the Commission on its own motion.
Subpart F [Reserved]
Subpart G--Administrative Council for Terminal Attachments
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.
Authority: 47 U.S.C. 154, 303.
Subpart A--General
Authority: Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082;
(47 U.S.C. 154, 155, 303).
Source: 45 FR 20841, Mar. 31, 1980, unless otherwise noted.
Sec. 68.1 Purpose.
The purpose of the rules and regulations in this part is to provide
for uniform standards for the protection of the telephone network from
harms caused by the connection of terminal equipment and associated
wiring thereto, and for the compatibility of hearing aids and telephones
so as to ensure that persons with hearing aids have reasonable access to
the telephone network.
(47 U.S.C. 151, 154(i), 154(j), 201-205, 218, 220, 313, 403, 412, and 5
U.S.C. 553)
[49 FR 21733, May 23, 1984]
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, 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
[[Page 318]]
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.
[66 FR 7580, Jan. 24, 2001]
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
[[Page 319]]
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.
[66 FR 7581, Jan. 24, 2001]
Sec. 68.4 Hearing aid-compatible telephones.
(a)(1) Except for telephones used with public mobile services,
telephones used with private radio services, and cordless and secure
telephones, every telephone manufactured in the United States (other
than for export) or imported for use in the United States after August
16, 1989, must be hearing aid compatible, as defined in Sec. 68.316.
Every cordless telephone manufactured in the United States (other than
for export) or imported into the United States after August 16, 1991,
must be hearing aid compatible, as defined in Sec. 68.316.
(2) Unless otherwise stated and except for telephones used with
public mobile services, telephones used with private radio services and
secure telephones, every telephone listed in Sec. 68.112 must be hearing
aid compatible, as defined in Sec. 68.316.
(3) A telephone is hearing aid-compatible if it provides internal
means for effective use with hearing aids that are designed to be
compatible with telephones which meet established technical standards
for hearing aid compatibility.
(4) The Commission shall revoke or otherwise limit the exemptions of
paragraph (a)((1) of this section for telephones used with public mobile
services or telephones used with private radio services if it determines
that (i) such revocation or limitation is in the public interest; (ii)
continuation of the exemption without such revocation or limitation
would have an adverse effect on hearing-impaired individuals; (iii)
compliance with the requirements of Sec. 68.4(a)(1) is technologically
feasible for the telephones to which the exemption applies; and (iv)
compliance with the requirements of Sec. 68.4(a)(1) would not increase
costs to such an extent that the telephones to which the exemption
applies could not be successfully marketed.
[54 FR 21430, May 18, 1989, as amended at 55 FR 28763, July 13, 1990; 57
FR 27183, June 18, 1992; 61 FR 42186, Aug. 14, 1996]
Sec. 68.5 Waivers.
The Commission may, upon the application of any interested person,
initiate a proceeding to waive the requirements of Sec. 68.4(a)(1) with
respect to new telephones, or telephones associated with a new
technology or service. The Commission shall not grant such a waiver
unless it determines, on the basis of evidence in the record of such
proceeding, that such telephones, or such technology or service, are in
the public interest, and that (a) compliance with the requirements of
Sec. 68.4(a)(1) is technologically infeasible, or (b) compliance with
such requirements would increase the costs of the telephones, or of the
technology or service, to such an extent that such telephones,
technology, or service could not be successfully marketed. In any
proceeding under this section to grant a waiver from the requirements of
Sec. 68.4(a)(1), the Commission shall consider the effect on hearing-
impaired individuals of granting the waiver. The
[[Page 320]]
Commission shall periodically review and determine the continuing need
for any waiver granted pursuant to this section.
[54 FR 21430, May 18, 1989]
Sec. 68.6 Telephones with volume control.
As of January 1, 2000, all telephones, including cordless
telephones, as defined in Sec. 15.3(j) of this chapter, manufactured in
the United States (other than for export) or imported for use in the
United States, must have volume control in accordance with Sec. 68.317.
Secure telephones, as defined by Sec. 68.3 are exempt from this section,
as are telephones used with public mobile services or private radio
services.
[62 FR 43484, Aug. 14, 1997]
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.
[66 FR 7581, Jan. 24, 2001]
Subpart B--Conditions on Use of Terminal Equipment
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 by providers of wireline telecommunications.
[66 FR 7581, Jan. 24, 2001]
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.
[66 FR 7582, Jan. 24, 2001]
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.
[[Page 321]]
(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.
[66 FR 7582, Jan. 24, 2001]
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.
[[Page 322]]
(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 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).
[66 FR 7582, Jan. 24, 2001]
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:
(a) Promptly notify the customer of such temporary discontinuance;
(b) Afford the customer the opportunity to correct the situation
which gave rise to the temporary discontinuance; and
(c) Inform the customer of his right to bring a complaint to the
Commission pursuant to the procedures set forth in subpart E of this
part.
[55 FR 28630, July 12, 1990, as amended at 66 FR 7583, Jan. 24, 2001]
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.
[66 FR 7583, Jan. 24, 2001]
[[Page 323]]
Sec. 68.112 Hearing aid-compatibility.
(a) Coin telephones. All new and existing coin-operated telephones,
whether located on public property or in a semi-public location (e.g.,
drugstore, gas station, private club).
(b) Emergency use telephones. Telephones ``provided for emergency
use'' include the following:
(1) Telephones, except headsets, in places where a person with a
hearing disability might be isolated in an emergency, including, but not
limited to, elevators, highways, and tunnels for automobile, railway or
subway, and workplace common areas.
Note to paragraph (b)(1):
Examples of workplace common areas include libraries, reception
areas and similar locations where employees are reasonably expected to
congregate.
(2) Telephones specifically installed to alert emergency
authorities, including, but not limited to, police or fire departments
or medical assistance personnel.
(3) Telephones, except headsets, in workplace non-common areas.
Note: Examples of workplace non-common areas include private enclosed
offices, open area individual work stations and mail rooms. Such non-
common area telephones are required to be hearing aid compatible, as
defined in Sec. 68.316, by January 1, 2000, except for those telephones
located in establishments with fewer than fifteen employees; and those
telephones purchased between January 1, 1985 through December 31, 1989,
which are not required to be hearing aid compatible, as defined in
Sec. 68.316, until January 1, 2005.
(i) Telephones, including headsets, made available to an employee
with a hearing disability for use by that employee in his or her
employment duty, shall, however, be hearing aid compatible, as defined
in Sec. 68.316.
(ii) As of January 1, 2000 or January 1, 2005, whichever date is
applicable, there shall be a rebuttable presumption that all telephones
located in the workplace are hearing aid compatible, as defined in
Sec. 68.316. Any person who identifies a telephone as non-hearing aid-
compatible, as defined in Sec. 68.316, may rebut this presumption. Such
telephone must be replaced within fifteen working days with a hearing
aid compatible telephone, as defined in Sec. 68.316, including, on or
after January 1, 2000, with volume control, as defined in Sec. 68.317.
(iii) Telephones, not including headsets, except those headsets
furnished under paragraph (b)(3)(i) of this section, that are purchased,
or replaced with newly acquired telephones, must be:
(A) Hearing aid compatible, as defined in Sec. 68.316, after October
23, 1996; and
(B) Include volume control, as defined in Sec. 68.317, on or after
January 1, 2000.
(iv) When a telephone under paragraph (b)(3)(iii) of this section is
replaced with a telephone from inventory existing before October 23,
1996, any person may make a bona fide request that such telephone be
hearing aid compatible, as defined in Sec. 68.316. If the replacement
occurs on or after January 1, 2000, the telephone must have volume
control, as defined in Sec. 68.317. The telephone shall be provided
within fifteen working days.
(v) During the period from October 23, 1996, until the applicable
date of January 1, 2000 or January 1, 2005, workplaces of fifteen or
more employees also must provide and designate telephones for emergency
use by employees with hearing disabilities through one or more of the
following means:
(A) By having at least one coin-operated telephone, one common area
telephone or one other designated hearing aid compatible telephone
within a reasonable and accessible distance for an individual searching
for a telephone from any point in the workplace; or
(B) By providing wireless telephones that meet the definition for
hearing aid compatible for wireline telephones, as defined in
Sec. 68.316, for use by employees in their employment duty outside
common areas and outside the offices of employees with hearing
disabilities.
(4) All credit card operated telephones, whether located on public
property or in a semipublic location (e.g., drugstore, gas station,
private club), unless a hearing aid compatible (as defined in
Sec. 68.316) coin-operated telephone providing similar services is
[[Page 324]]
nearby and readily available. However, regardless of coin-operated
telephone availability, all credit card operated telephones must be made
hearing aid-compatible, as defined in Sec. 68.316, when replaced, or by
May 1, 1991, which ever comes sooner.
(5) Telephones needed to signal life threatening or emergency
situations in confined settings, including but not limited to, rooms in
hospitals, residential health care facilities for senior citizens, and
convalescent homes:
(i) A telephone that is hearing aid compatible, as defined in
Sec. 68.316, is not required until:
(A) November 1, 1997, for establishments with fifty or more beds,
unless replaced before that time; and
(B) November 1, 1998, for all other establishments with fewer than
fifty beds, unless replaced before that time.
(ii) Telephones that are purchased, or replaced with newly acquired
telephones, must be:
(A) Hearing aid compatible, as defined in Sec. 68.116, after October
23, 1996; and
(B) Include volume control, as defined in Sec. 68.317, on or after
January 1, 2000.
(iii) Unless a telephone in a confined setting is replaced pursuant
to paragraph (b)(5)(ii) of this section, a hearing aid compatible
telephone shall not be required if:
(A) A telephone is both purchased and maintained by a resident for
use in that resident's room in the establishment; or
(B) The confined setting has an alternative means of signalling
life-threatening or emergency situations that is available, working and
monitored.
(6) Telephones in hotel and motel guest rooms, and in any other
establishment open to the general public for the purpose of overnight
accommodation for a fee. Such telephones are required to be hearing aid
compatible, as defined in Sec. 68.316, except that, for establishments
with eighty or more guest rooms, the telephones are not required to be
hearing aid compatible, as defined in Sec. 68.316, until November 1,
1998; and for establishments with fewer than eighty guest rooms, the
telephones are not required to be hearing aid compatible, as defined in
Sec. 68.316, until November 1, 1999.
(i) Anytime after October 23, 1996, if a hotel or motel room is
renovated or newly constructed, or the telephone in a hotel or motel
room is replaced or substantially, internally repaired, the telephone in
that room must be:
(A) Hearing aid compatible, as defined in Sec. 68.316, after October
23, 1996; and
(B) Include volume control, as defined in Sec. 68.317, on or after
January 1, 2000.
(ii) The telephones in at least twenty percent of the guest rooms in
a hotel or motel must be hearing aid compatible, as defined in
Sec. 68.316, as of April 1, 1997.
(iii) Notwithstanding the requirements of paragraph (b)(6) of this
section, hotels and motels which use telephones purchased during the
period January 1, 1985 through December 31, 1989 may provide telephones
that are hearing aid compatible, as defined in Sec. 68.316, in guest
rooms according to the following schedule:
(A) The telephones in at least twenty percent of the guest rooms in
a hotel or motel must be hearing aid compatible, as defined in
Sec. 68.316, as of April 1, 1997;
(B) The telephones in at least twenty-five percent of the guest
rooms in a hotel or motel must be hearing aid compatible, as defined in
Sec. 68.316, by November 1, 1999; and
(C) The telephones in one-hundred percent of the guest rooms in a
hotel or motel must be hearing aid compatible, as defined in
Sec. 68.316, by January 1, 2001 for establishments with eighty or more
guest rooms, and by January 1, 2004 for establishments with fewer than
eighty guest rooms.
(c) Telephones frequently needed by the hearing impaired. Closed
circuit telephones, i.e., telephones which cannot directly access the
public switched network, such as telephones located in lobbies of hotels
or apartment buildings; telephones in stores which are used by patrons
to order merchandise; telephones in public transportation terminals
which are used to call taxis or to reserve rental automobiles, need
[[Page 325]]
not be hearing aid compatible, as defined in Sec. 68.316, until
replaced.
[49 FR 1362, Jan. 11, 1984, as amended at 55 FR 28763, July 13, 1990; 57
FR 27183, June 18, 1992; 61 FR 42186, Aug. 14, 1996; 61 FR 42392, Aug.
15, 1996; 62 FR 43484, Aug. 14, 1997; 62 FR 51064, Sep. 30, 1997]
Sec. 68.160 Designation of Telecommunication Certification Bodies
(TCBs).
(a) The Commission may designate Telecommunication Certification
Bodies (TCBs) to approve equipment as required under this part.
Certification of equipment by a TCB shall be based on an application
with all the information specified in this part. The TCB shall process
the application to determine whether the product meets the Commission's
requirements and shall issue a written grant of equipment authorization.
The grant shall identify the TCB and the source of authority for issuing
it.
(b) The Federal Communications Commission shall designate TCBs in
the United States to approve equipment subject to certification under
the Commission's rules. TCBs shall be accredited by the National
Institute of Standards and Technology (NIST) under its National
Voluntary Conformity Assessment Evaluation (NVCASE) program or other
recognized programs based on ISO/IEC Guide 65, to comply with the
Commission's qualification criteria for TCBs. NIST may, in accordance
with its procedures, allow other appropriately qualified accrediting
bodies to accredit TCBs and testing laboratories. TCBs shall comply with
the requirements in Sec. 68.162 of this part.
(c) In accordance with the terms of an effective bilateral or
multilateral mutual recognition agreement or arrangement (MRA) to which
the United States is a party, bodies outside the United States shall be
permitted to authorize equipment in lieu of the Commission. A body in an
MRA partner economy may authorize equipment to U.S. requirements only if
that economy permits bodies in the United States to authorize equipment
to its requirements. The authority designating these telecommunication
certification bodies shall meet the following criteria.
(1) The organization accrediting the prospective telecommunication
certification body shall be capable of meeting the requirements and
conditions of ISO/IEC Guide 61.
(2) The organization assessing the telecommunication certification
body shall appoint a team of qualified experts to perform the assessment
covering all of the elements within the scope of accreditation. For
assessment of telecommunications equipment, the areas of expertise to be
used during the assessment shall include, but not be limited to,
electromagnetic compatibility and telecommunications equipment (wired
and wireless).
[64 FR 4997, Feb. 2, 1999]
Sec. 68.162 Requirements for Telecommunication Certification Bodies.
(a) Telecommunication certification bodies (TCBs) designated by the
Commission, or designated by another authority pursuant to an effective
mutual recognition agreement or arrangement to which the United States
is a party, shall comply with the following requirements.
(b) Certification methodology. (1) The certification system shall be
based on type testing as identified in sub-clause 1.2(a) of ISO/IEC
Guide 65.
(2) Certification shall normally be based on testing no more than
one unmodified representative sample of each product type for which
certification is sought. Additional samples may be requested if clearly
warranted, such as when certain tests are likely to render a sample
inoperative.
(c) Criteria for designation. (1) To be designated as a TCB under
this section, an entity shall, by means of accreditation, meet all the
appropriate specifications in ISO/IEC Guide 65 for the scope of
equipment it will certify. The accreditation shall specify the group of
equipment to be certified and the applicable regulations for product
evaluation.
(2) The TCB shall demonstrate expert knowledge of the regulations
for each product with respect to which the body seeks designation. Such
expertise shall include familiarity with all applicable technical
regulations, administrative provisions or requirements, as well as
[[Page 326]]
the policies and procedures used in the application thereof.
(3) The TCB shall have the technical expertise and capability to
test the equipment it will certify and shall also be accredited in
accordance with ISO/IEC Guide 25 to demonstrate it is competent to
perform such tests.
(4) The TCB shall demonstrate an ability to recognize situations
where interpretations of the regulations or test procedures may be
necessary. The appropriate key certification and laboratory personnel
shall demonstrate a knowledge of how to obtain current and correct
technical regulation interpretations. The competence of the
telecommunication certification body shall be demonstrated by
assessment. The general competence, efficiency, experience, familiarity
with technical regulations and products included in those technical
regulations, as well as compliance with applicable parts of the ISO/IEC
Guides 25 and 65, shall be taken into consideration.
(5) A TCB shall participate in any consultative activities,
identified by the Commission or NIST, to facilitate a common
understanding and interpretation of applicable regulations.
(6) The Commission will provide public notice of specific elements
of these qualification criteria that will be used to accredit TCBs.
(d) Sub-contractors. (1) In accordance with the provisions of sub-
clause 4.4 of ISO/IEC Guide 65, the testing of a product, or a portion
thereof, may be performed by a sub-contractor of a designated TCB,
provided the laboratory has been assessed by the TCB as competent and in
compliance with the applicable provisions of ISO/IEC Guide 65 and other
relevant standards and guides.
(2) When a subcontractor is used, the TCB shall be responsible for
the test results and shall maintain appropriate oversight of the
subcontractor to ensure reliability of the test results. Such oversight
shall include periodic audits of products that have been tested.
(e) Designation of TCBs. (1) The Commission will designate as a TCB
any organization that meets the qualification criteria and is accredited
by NIST or its recognized accreditor.
(2) The Commission will withdraw the designation of a TCB if the
TCB's accreditation by NIST or its recognized accreditor is withdrawn,
if the Commission determines there is just cause for withdrawing the
designation, or if the TCB requests that it no longer hold the
designation. The Commission will provide a TCB with 30 days notice of
its intention to withdraw the designation and provide the TCB with an
opportunity to respond.
(3) A list of designated TCBs will be published by the Commission.
(f) Scope of responsibility. (1) TCBs shall certify equipment in
accordance with the Commission's rules and policies.
(2) A TCB shall accept test data from any source, subject to the
requirements in ISO/IEC Guide 65, and shall not unnecessarily repeat
tests.
(3) TCBs may establish and assess fees for processing certification
applications and other tasks as required by the Commission.
(4) A TCB may rescind a grant of certification within 30 days of
grant for administrative errors. After that time, a grant can only be
revoked by the Commission. A TCB shall notify both the applicant and the
Commission when a grant is rescinded.
(5) A TCB may not:
(i) Grant a waiver of the rules, or certify equipment for which the
Commission rules or requirements do not exist or for which the
application of the rules or requirements is unclear.
(ii) Take enforcement actions.
(6) All TCB actions are subject to Commission review.
(g) Post-certification requirements. (1) A TCB shall supply a copy
of each approved application form and grant of certification to the
Commission.
(2) In accordance with ISO/IEC Guide 65, a TCB is required to
conduct appropriate surveillance activities. These activities shall be
based on type testing a few samples of the total number of product types
which the certification body has certified. Other types of surveillance
activities of a product that has been certified are permitted, provided
they are no more onerous than testing type. The Commission may at any
time request a list of products certified by the certification body and
[[Page 327]]
may request and receive copies of product evaluation reports. The
Commission may also request that a TCB perform post-market surveillance,
under Commission guidelines, of a specific product it has certified.
(3) If during post market surveillance of a certified product, a
certification body determines that a product fails to comply with the
applicable technical regulations, the certification body shall
immediately notify the grantee and the Commission. A follow-up report
shall also be provided within thirty days of the action taken by the
grantee to correct the situation.
(4) Where concerns arise, the TCB shall provide a copy of the
application file to the Commission within 30 calendar days of a request
for the file made by the Commission to the TCB and the manufacturer.
Where appropriate, the file should be accompanied by a request for
confidentiality for any material that may qualify for confidential
treatment under the Commission's Rules. If the application file is not
provided within 30 calendar days, a statement shall be provided to the
Commission as to why it cannot be provided.
(h) In case of a dispute with respect to designation or recognition
of a TCB and the testing or certification of products by a TCB, the
Commission will be the final arbiter. Manufacturers and designated TCBs
will be afforded at least 30 days to comment before a decision is
reached. In the case of a TCB designated or recognized, or a product
certified pursuant to an effective bilateral or multilateral mutual
recognition agreement or arrangement (MRA) to which the United States is
a party, the Commission may limit or withdraw its recognition of a TCB
designated by an MRA party and revoke the certification of products
using testing or certification provided by such a TCB. The Commission
shall consult with the Office of the United States Trade Representative
(USTR), as necessary, concerning any disputes arising under an MRA for
compliance with under the Telecommunications Trade Act of 1988 (Section
1371-1382 of the Omnibus Trade and Competitiveness Act of 1988).
[64 FR 4998, Feb. 2, 1999, as amended at 66 FR 27601, May 18, 2001]
Subpart C--Terminal Equipment Approval Procedures
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.
[66 FR 7583, Jan. 24, 2001]
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
[[Page 328]]
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.
[66 FR 7583, Jan. 24, 2001]
Sec. 68.213 Installation of other than ``fully protected'' non-system
simple customer premises wiring.
(a) Scope of this rule. Provisions of this rule apply only to
``unprotected'' premises wiring used with simple installations of wiring
for up to four line residential and business telephone service. More
complex installations of wiring for multiple line services, for use with
systems such as PBX and key telephone systems, are controlled by
Sec. 68.215 of these rules.
(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 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.
(c) Material requirements. (1) For new installations and
modifications to existing installations, copper conductors shall be, at
a minimum, solid, 24 gauge or larger, twisted pairs that comply with the
electrical specifications for Category 3, as defined in the ANSI EIA/TIA
Building Wiring Standards.
(2) Conductors shall have insulation with a 1500 Volt rms minimum
breakdown rating. This rating shall be established by covering the
jacket or sheath with at least 15 cm (6 inches) (measured linearly on
the cable) of conductive foil, and establishing a potential difference
between the foil and all of the individual conductors connected
together, such potential difference gradually increased over a 30 second
time period to 1500 Volts rms, 60 Hertz, then applied continuously for
one minute. At no time during this 90 second time interval shall the
current between these points exceed 10 milliamperes peak.
(3) All wire and connectors meeting the requirements set forth in
paragraphs (c)(1) and (c)(2) shall be marked, in a manner visible to the
consumer, with the symbol ``CAT 3'' or a symbol
[[Page 329]]
consisting of a ``C'' with a ``3'' contained within the ``C'' character,
at intervals not to exceed one foot (12 inches) along the length of the
wire.
(d) Attestation. Manufacturers (or distributors or retailers,
whichever name appears on the packaging) of non-system telephone
premises wire shall attest in a letter to the Commission that the wire
conforms with part 68, FCC Rules.
[49 FR 21734, May 23, 1984, as amended at 50 FR 29392, July 19, 1985; 50
FR 47548, Nov. 19, 1985; 51 FR 944, Jan. 9, 1986; 55 FR 28630, July 12,
1990; 58 FR 44907, Aug. 25, 1993; 62 FR 36464, July 8, 1997; 65 FR 4140,
Jan. 26, 2000; 66 FR 7583, Jan. 24, 2001]
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.
[66 FR 7584, Jan. 24, 2001]
Sec. 68.215 Installation of other than ``fully protected'' system
premises wiring that serves more than four subscriber access
lines.
(a) Types of wiring authorized--(1) Between equipment entities.
Unprotected premises wiring, and protected premises wiring requiring
acceptance testing for imbalance, may be used to connect separately-
housed equipment entities to one another.
(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.
(b) Installation personnel. Operations associated with the
installation, connection, reconfiguration and removal (other than final
removal of the entire premises communications system) of other than
fully-protected premises wiring shall be performed under the supervision
and control of a supervisor, as defined in paragraph (c) of this
section. The supervisor and installer may be the same person.
(c) Supervision. Operations by installation personnel shall be
performed under the responsible supervision and control of a person who:
(1) Has had at least six months of on-the-job experience in the
installation of telephone terminal equipment or of wiring used with such
equipment;
(2) Has been trained by the registrant of the equipment to which the
wiring is to be connected in the proper performance of any operations by
installation personnel which could affect that equipment's continued
compliance with these rules;
(3) Has received written authority from the registrant to assure
that the operations by installation personnel will be performed in such
a manner as to comply with these rules.
(4) Or, in lieu of paragraphs (c) (1) through (3) of this section,
is a licensed professional engineer in the jurisdiction in which the
installation is performed.
(d) Workmanship and material requirements--(1) General. Wiring shall
be installed so as to assure that there is adequate insulation of
telephone wiring from commercial power wiring and grounded surfaces.
Wiring is required to be sheathed in an insulating jacket in addition to
the insulation enclosing individual conductors (see below) unless
located in an equipment enclosure
[[Page 330]]
or in an equipment room with restricted access; it shall be assured that
this physical and electrical protection is not damaged or abraded during
placement of the wiring. Any intentional removal of wiring insulation
(or a sheath) for connections or splices shall be accomplished by
removing the minimum amount of insulation necessary to make the
connection or splice, and insulation equivalent to that provided by the
wire and its sheath shall be suitably restored, either by placement of
the splices or connections in an appropriate enclosure, or equipment
rooms with restricted access, or by using adequately-insulated
connectors or splicing means.
(2) Wire. Insulated conductors shall have a jacket or sheath with a
1500 volt rms minimum breakdown rating, except when located in an
equipment enclosure or an equipment room with restricted access. This
rating shall be established by covering the jacket or sheath with at
least 15 cm (6 in) (measured linearly on the cable) of conductive foil,
and establishing a potential difference between the foil and all of the
individual conductors connected together, such potential difference
gradually increased over a 30 second time period to 1500 volts rms, 60
Hertz, then applied continuously for one minute. At no time during this
90 second time interval shall the current between these points exceed 10
milliamperes peak.
(3) Places where the jacket or sheath has been removed. Any point
where the jacket or sheath has been removed (or is not required) shall
be accessible for inspection. If such points are concealed, they shall
be accessible without disturbing permanent building finish (e.g., by
removing a cover).
(4) Building and electrical codes. All building and electrical codes
applicable in the jurisdiction to telephone wiring shall be complied
with. If there are no such codes applicable to telephone wiring, Article
800 of the 1978 National Electrical Code, entitled Communications
Systems, and other sections of that Code incorporated therein by
reference shall be complied with.
(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. Current on
individual wiring conductors shall be limited to values which do not
cause an excessive temperature rise, with due regard to insulation
materials and ambient temperatures. The following table assumes a
45 deg. C temperature rise for wire sizes 22 AWG or larger, and a
40 deg. C rise for wire sizes smaller than 22 AWG, for poly-vinyl
chloride insulating materials, and should be regarded as establishing
maximum values to be derated accordingly in specific installations where
ambient temperatures are in excess of 25 deg. C:
Maximum Continuous Current Capacity of PVC Insulated Copper Wire,
Confined
------------------------------------------------------------------------
Maximum
Wire size, AWG Circular current,
mils amperes
------------------------------------------------------------------------
32............................................ 63.2 0.32
30............................................ 100.5 0.52
28............................................ 159.8 0.83
26............................................ 254.1 1.3
24............................................ 404.0 2.1
22............................................ 642.4 5.0
20............................................ 1022 7.5
18............................................ 1624 10
------------------------------------------------------------------------
Note: The total current in all conductors of multiple conductor cables
may not exceed 20% of the sum of the individual ratings of all such
conductors.
(6) Physical protection. In addition to the general requirements
that wiring insulation be adequate and not damaged during placement of
the wiring, wiring shall be protected from adverse effects of weather
and the environment in which it is used. Where wiring is attached to
building finish surfaces (surface wiring), it shall be suitably
supported by means which do not affect the integrity of the wiring
insulation.
(e) Documentation requirements. A notarized affidavit and one copy
thereof shall be prepared by the installation supervisor in advance of
each operation associated with the installation, connection,
reconfiguration and removal of other than fully-protected premises
[[Page 331]]
wiring (except when accomplished functionally using a cross-connect
panel), except when involved with removal of the entire premises
communications system using such wiring. This affidavit and its copy
shall contain the following information:
(1) The responsible supervisor's full name, business address and
business telephone number.
(2) The name of the registrant(s) (or manufacturer(s), if
grandfathered equipment is involved) of any equipment to be used
electrically between the wiring and the telephone network interface,
which does not contain inherent protection against hazardous voltages
and longitudinal imbalance.
(3) A statement as to whether the supervisor complies with
Sec. 68.215(c). Training and authority under Sec. 68.215(c)(2)-(3) is
required from the registrant (or manufacturer, if grandfathered
equipment is involved) of the first piece of equipment electrically
connected to the telephone network interface, other than passive
equipments such as extensions, cross-connect panels, or adapters. In
general, this would be the registrant (or manufacturer) of a system's
common equipment.
(4) The date(s) when placement and connection of the wiring will
take place.
(5) The business affiliation of the installation personnel.
(6) Identification of specific national and local codes which will
be adhered to.
(7) The manufacturer(s); a brief description of the wire which will
be used (model number or type); its conformance with recognized
standards for wire if any (e.g., Underwriters Laboratories listing,
Rural Electrification Administration listing, ``KS-'' specification,
etc.); and a general description of the attachment of the wiring to the
structure (e.g., run in conduit or ducts exclusively devoted to
telephone wiring, ``fished'' through walls, surface attachment, etc.).
(8) The date when acceptance testing for imbalance will take place.
(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) Acceptance testing for imbalance. Each telephone network
interface that is connected directly or indirectly to other than fully-
protected premises wiring shall be subjected to the acceptance test
procedures specified in this section whenever an operation associated
with the installation, connection, reconfiguration or removal of this
wiring (other than final removal) has been performed.
(1) Test procedure for two-way or outgoing lines or loops. A
telephone instrument may be associated directly or indirectly with the
line or loop to perform this test if one is not ordinarily available to
it:
(i) Lift the handset of the telephone instrument to create the off-
hook state on the line or loop under test.
(ii) Listen for noise. Confirm that there is neither audible hum nor
excessive noise.
(iii) Listen for dial tone. Confirm that dial tone is present.
(iv) Break dial tone by dialing a digit. Confirm that dial tone is
broken as a result of dialing.
(v) With dial tone broken, listen for audible hum or excessive
noise. Confirm that there is neither audible hum nor excessive noise.
(2) Test procedure for incoming-only (non-originating) lines or
loops. A telephone instrument may be associated directly or indirectly
with the line or loop to perform this test if one is not ordinarily
available to it:
(i) Terminate the line or loop under test in a telephone instrument
in the on-hook state.
(ii) Dial the number of the line or loop under test from another
station, blocking as necessary other lines or loops to cause the line or
loop under test to be reached.
(iii) On receipt of ringing on the line or loop under test, lift the
handset of the telephone instrument to create the off-hook state on that
line or loop.
[[Page 332]]
(iv) Listen for audible hum or excessive noise. Confirm that there
is neither audible hum nor excessive noise.
(3) Failure of acceptance test procedures. Absence of dial tone
before dialing, inability to break dial tone, or presence of audible hum
or excessive noise (or any combination of these conditions) during test
of two-way or outgoing lines or loops indicates failure. Inability to
receive ringing, inability to break ringing by going off-hook, or
presence of audible hum or excessive noise (or any combination of these
conditions) during test of incoming-only lines or loops indicates
failure. Upon any such failure, the failing equipment or portion of the
premises communications system shall be disconnected from the network
interface, and may not be reconnected until the cause of the failure has
been isolated or removed. Any previously tested lines or loops shall be
retested if they were in any way involved in the isolation and removal
of the cause of the failure.
(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
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).
[[Page 333]]
(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.
(h) Limitations on the foregoing if protected wiring requiring
acceptance testing is used. If protected wiring is used which required
acceptance testing, the requirements in the foregoing paragraphs of
Sec. 68.215 are hereby limited, as follows:
(1) Supervision. Section 68.215(c)(2)-(3) are hereby waived. The
supervisor is only required to have had at least six months of on-the-
job experience in the installation of telephone terminal equipment or of
wiring used with such equipment.
(2) Extraordinary procedures. Section 68.215(g)(3) is hereby limited
to allow for inspection of exposed wiring and connection and splicing
points, but not for requiring the withdrawal of wiring from wiring run
concealed in ducts, conduit or wall spaces unless actual harm has
occurred, or a failure of acceptance testing has not been corrected
within a reasonable time. In addition, Sec. 68.215(g)(4) is hereby
waived.
[43 FR 16499, Apr. 19, 1978, as amended at 44 FR 7958, Feb. 8, 1979; 47
FR 37896, Aug. 27, 1982; 49 FR 21735, May 23, 1984; 58 FR 44907, Aug.
25, 1993; 66 FR 7584, Jan. 24, 2001]
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.
[66 FR 7585, Jan. 24, 2001]
Sec. 68.224 Notice of non-hearing aid compatibility.
Every non-hearing aid compatible telephone offered for sale to the
public
[[Page 334]]
on or after August 17, 1989, whether previously-registered, newly
registered or refurbished shall:
(a) Contain in a conspicuous location on the surface of its
packaging a statement that the telephone is not hearing aid compatible,
as is defined in Secs. 68.4(a)(3) and 68.316, or if offered for sale
without a surrounding package, shall be affixed with a written statement
that the telephone is not hearing aid-compatible, as defined in
Secs. 68.4(a)(3) and 68.316; and
(b) Be accompanied by instructions in accordance with
Sec. 68.218(b)(5) of the rules.
[54 FR 21431, May 18, 1989, as amended at 61 FR 42187, Aug. 14, 1996]
Subpart D--Conditions for Terminal Equipment Approval
Authority: Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082
(47 U.S.C. 154, 155, 303).
Source: 45 FR 20853, Mar. 31, 1980, unless otherwise noted.
Sec. 68.300 Labeling requirements.
(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.
(b) As of April 1, 1997, all registered telephones, including
cordless telephones, as defined in Sec. 15.3(j) of this chapter,
manufactured in the United States (other than for export) or imported
for use in the United States, that are hearing aid compatible, as
defined in Sec. 68.316, shall have the letters ``HAC'' permanently
affixed thereto. ``Permanently affixed'' shall be defined as in
paragraph (b)(5) of this section. Telephones used with public mobile
services or private radio services, and secure telephones, as defined by
Sec. 68.3, are exempt from this requirement.
[62 FR 61664, Nov. 19, 1997, as amended at 64 FR 3048, Jan. 20, 1999; 66
FR 7585, Jan. 24, 2001]
Sec. 68.316 Hearing aid compatibility: Technical requirements.
A telephone handset is hearing aid compatible for the purposes of
this section if it complies with the following standard, published by
the Telecommunications Industry Association, copyright 1983, and
reproduced by permission of the Telecommunications Industry Association:
Electronic Industries Association Recommended Standard RS-504 Magnetic
Field Intensity Criteria for Telephone Compatibility With Hearing Aids
[Prepared by EIA Engineering Committee TR-41 and the Hearing Industries
Association's Standards and Technical Committee]
Table of Contents
List of Illustrations
1 INTRODUCTION
2 SCOPE
3 DEFINITIONS
4 TECHNICAL REQUIREMENTS
4.1 General
4.2 Axial Field Intensity
4.3 Radial Field Intensity
4.4 Induced Voltage Frequency Response
Appendix A--Bibliography
List of Illustrations
Figure Number
1 Reference and Measurement Planes and Axes
2 Measurement Block Diagram
3 Probe Coil Parameters
4A Induced Voltage Frequency Response for receivers with an axial field
that exceeds -19 dB
4B Induced Voltage Frequency Response for receivers with an axial field
that exceeds -22 dB but is less than -19 dB
Magnetic Field Intensity Criteria for Telephone Compatibility With
Hearing Aids
(From EIA Standards Proposal No. 1652, formulated under the
cognizance of EIA TR-41 Committee on Voice Telephone Terminals and the
Hearing Industries Association's Standards and Technical Committee.)
1 Introduction
Hearing-aid users have used magnetic coupling to enable them to
participate in telephone communications since the 1940's. Magnetic pick-
ups in hearing-aids have provided for coupling to many, but not all,
types of telephone handsets. A major reason for incompatibility has been
the lack of handset
[[Page 335]]
magnetic field intensity requirements. Typically, whatever field existed
had been provided fortuitously rather than by design. More recently,
special handset designs, e.g., blue grommet handsets associated with
public telephones, have been introduced to provide hearing-aid coupling
and trials were conducted to demonstrate the acceptability of such
designs. It is anticipated that there will be an increase in the number
of new handset designs in the future. A standard definition of the
magnetic field intensity emanating from telephone handsets intended to
provide hearing-aid coupling is needed so that hearing-aid manufacturers
can design their product to use this field, which will be guaranteed in
handsets which comply with this standard.
1.1 This standard is one of a series of technical standards on voice
telephone terminal equipment prepared by EIA Engineering Committee TR-
41. This document, with its companion standards on Private Branch
Exchanges (PBX), Key Telephone Systems (KTS), Telephones and
Environmental and Safety Considerations (Refs: A1, A2, A3 and A4) fills
a recognized need in the telephone industry brought about by the
increasing use in the public telephone network of equipment supplied by
numerous manufacturers. It will be useful to anyone engaged in the
manufacture of telephone terminal equipment and hearing-aids and to
those purchasing, operating or using such equipment or devices.
1.2 This standard is intended to be a living document, subject to
revision and updating as warranted by advances in network and terminal
equipment technology and changes in the FCC Rules and Regulations.
2 Scope
2.1 The purpose of this document is to establish formal criteria
defining the magnetic field intensity presented by a telephone to which
hearing aids can couple. The requirements are based on present
telecommunications plant characteristics at the telephone interface. The
telephone will also be subject to the applicable requirements of EIA RS-
470, Telephone Instruments with Loop Signaling for Voiceband
Applications (Ref: A3) and the environmental requirements specified in
EIA Standards Project PN-1361, Environmental and Safety Considerations
for Voice Telephone Terminals, when published (Ref: A4).
Telephones which meet these requirements should ensure satisfactory
service to users of magnetically coupled hearing-aids in a high
percentage of installations, both initially and over some period of
time, as the network grows and changes occur in telephone serving
equipment. However, due to the wide range of customer apparatus and loop
plant and dependent on the environment in which the telephone and
hearing aid are used, conformance with this standard does not guarantee
acceptable performance or interface compatibility under all possible
operating conditions.
2.2 A telephone complies with this standard if it meets the
requirements in this standard when manufactured and can be expected to
continue to meet these requirements when properly used and maintained.
For satisfactory service a telephone needs to be capable, through the
proper selection of equipment options, of satisfying the requirements
applicable to its marketing area.
2.3 The standard is intended to be in conformance with part 68 of
the FCC Rules and Regulations, but it is not limited to the scope of
those rules (Ref: A5).
2.4 The signal level and method of measurement in this standard
have been chosen to ensure reproducible results and permit comparison of
evaluations. The measured magnetic field intensity will be approximately
15 dB above the average level encountered in the field and the measured
high-end frequency response will be greater than that encountered in the
field.
2.5 The basic accuracy and reproducibility of measurements made in
accordance with this standard will depend primarily upon the accuracy of
the test equipment used, the care with which the measurements are
conducted, and the inherent stability of the devices under test.
3 Definitions
This section contains definitions of terms needed for proper
understanding and application of this standard which are not believed to
be adequately treated elsewhere. A glossary of telephone terminology,
which will be published as a companion volume to the series of technical
standards on Telephone Terminals For Voiceband Applications, is
recommended as a general reference and for definitions not covered in
this section.
3.1 A telephone is a terminal instrument which permits two-way,
real-time voice communication with a distant party over a network or
customer premises connection. It converts real-time voice and voiceband
acoustic signals into electrical signals suitable for transmission over
the telephone network and converts received electrical signals into
acoustic signals. A telephone which meets the requirements of this
standard also generates a magnetic field to which hearing-aids may
couple.
3.2 The telephone boundaries are the electrical interface with the
network, PBX or KTS and the acoustic, magnetic and mechanical interfaces
with the user. The telephone may also have an electrical interface with
commercial power.
3.3 A hearing aid is a personal electronic amplifying device,
intended to increase the loudness of sound and worn to compensate for
impaired hearing. When equipped with an
[[Page 336]]
optional inductive pick-up coil (commonly called a telecoil), a hearing
aid can be used to amplify magnetic fields such as those from telephone
receivers or induction-loop systems.
3.4 The reference plane is the planar area containing points of the
receiver-end of the handset which, in normal handset use, rest against
the ear (see Fig 1).
3.5 The measurement plane is parallel to, and 10 mm in front of,
the reference plane (see Fig 1).
3.6 The reference axis is normal to the reference plane and passes
through the center of the receiver cap (or the center of the hole array,
for handset types that do not have receiver caps).
3.7 The measurement axis is parallel to the reference axis but may
be displaced from that axis, by a maximum of 10 mm (see Fig 1). Within
this constraint, the measurement axis may be located where the axial and
radial field intensity measurements, are optimum with regard to the
requirements. In a handset with a centered receiver and a circularly
symmetrical magnetic field, the measurement axis and the reference axis
would coincide.
[GRAPHIC] [TIFF OMITTED] TC02JN91.027
4 Technical Requirements
4.1 General.
These criteria apply to handsets when tested as a constituent part
of a telephone.
4.1.1 Three parameters descriptive of the magnetic field at points
in the measurement plane shall be used to ascertain adequacy for
magnetic coupling. These three parameters are intensity, direction and
frequency response, associated with the field vector.
4.1.2 The procedures for determining the parameter values are
defined in the IEEE Standard Method For Measuring The Magnetic Field
Intensity Around A Telephone Receiver (Ref: A6), with the exception that
this EIA Recommended Standard does not require that the measurements be
made using an equivalent loop of 2.75 km of No. 26 AWG cable, but uses a
1250-ohm resistor in series with the battery feed instead (see Fig 2).
4.1.3 When testing other than general purpose analog telephones,
e.g., proprietary or digital telephones, an appropriate feed circuit and
termination shall be used that produces equivalent test conditions.
4.2 Axial Field Intensity.
When measured as specified in 4.1.2, the axial component of the
magnetic field directed along the measurement axis and located at the
measurement plane, shall be greater than -22 dB relative to 1 A/m, for
an input of -10 dBV at 1000 Hz (see Fig 2).
Note: If the magnitude of the axial component exceeds -19 dB
relative to 1 A/m, some relaxation in the frequency response is
permitted (See 4.4.1).
4.3 Radial Field Intensity.
When measured as specified in 4.1.2, radial components of the
magnetic field as measured at four points 90 deg. apart, and at a
distance <gr-thn-eq>16 mm from the measurement axis (as selected in
4.2), shall be greater than -27 dB relative to 1 A/m, for an input of
-10 dBV at 1000 Hz (see Fig 2).
4.4 Induced Voltage Frequency Response.
The frequency response of the voltage induced in the probe coil by
the axial component of the magnetic field as measured in 4.2, shall fall
within the acceptable region of Fig 4A or Fig 4B (see 4.4.1 and 4.4.2),
over the frequency range 300-to-3300 Hz.
4.4.1 For receivers with an axial component which exceeds -19 dB
relative to 1 A/m,
[[Page 337]]
when measured as specified in 4.1.2, the frequency response shall fall
within the acceptable region of Fig 4A.
4.4.2 For receivers with an axial component which is less than -19
dB but greater than -22 dB relative to 1 A/m, when measured as specified
in 4.1.2, the frequency response shall fall within the acceptable region
of Fig 4B.
[GRAPHIC] [TIFF OMITTED] TC02JN91.028
[[Page 338]]
[GRAPHIC] [TIFF OMITTED] TC02JN91.029
[[Page 339]]
[GRAPHIC] [TIFF OMITTED] TC02JN91.030
[[Page 340]]
[GRAPHIC] [TIFF OMITTED] TC02JN91.031
[[Page 341]]
Appendix A--Bibliography
(A1) EIA Standard RS-464, Private Branch Exchange (PBX) Switching
Equipment for Voiceband Applications.
(A2) EIA Standard RS-478, Multi-Line Key Telephone Systems (KTS) for
Voiceband Applications.
(A3) EIA Standard RS-470, Telephone Instruments with Loop Signaling
for Voiceband Applications.
(A4) EIA Project Number PN-1361, Environmental and Safety
Considerations for Voice Telephone Terminals.
(A5) Federal Communications Commission Rules and Regulations, part
68, Connection of Terminal Equipment to the Telephone Network.
(A6) IEEE Standard, Method for Measuring the Magnetic Field arould a
Telephone Receiver. (to be published)
[49 FR 1363, Jan. 11, 1984, as amended at 61 FR 42187, Aug. 14, 1996]
Sec. 68.317 Hearing aid compatibility volume control: technical
standards.
(a) An analog telephone complies with the Commission's volume
control requirements if the telephone is equipped with a receive volume
control that provides, through the receiver in the handset or headset of
the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum,
when measured in terms of Receive Objective Loudness Rating (ROLR), as
defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone Instruments
With Loop Signaling) . The 12 dB of gain minimum must be achieved
without significant clipping of the test signal. The telephone also
shall comply with the upper and lower limits for ROLR given in table 4.4
of ANSI/EIA-470-A-1987 when the receive volume control is set to its
normal unamplified level.
Note to paragraph (a):
Paragraph 4.1.2 of ANSI/EIA-470-A-1987 identifies several
characteristics related to the receive response of a telephone. It is
only the normal unamplified ROLR level and the change in ROLR as a
function of the volume control setting that are relevant to the
specification of volume control as required by this section.
(b) The ROLR of an analog telephone shall be determined over the
frequency range from 300 to 3300 HZ for short, average, and long loop
conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable,
respectively. The specified length of cable will be simulated by a
complex impedance. (See Figure A.) The input level to the cable
simulator shall be -10 dB with respect to 1 V open circuit from a 900
ohm source.
(c) A digital telephone complies with the Commission's volume
control requirements if the telephone is equipped with a receive volume
control that provides, through the receiver of the handset or headset of
the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum,
when measured in terms of Receive Objective Loudness Rating (ROLR), as
defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 (Acoustic-To-Digital
and Digital-To-Acoustic Transmission Requirements for ISDN Terminals).
The 12 dB of gain minimum must be achieved without significant clipping
of the test signal. The telephone also shall comply with the limits on
the range for ROLR given in paragraph 4.3.2.2 of ANSI/EIA/TIA-579-1991
when the receive volume control is set to its normal unamplified level.
(d) The ROLR of a digital telephone shall be determined over the
frequency range from 300 to 3300 Hz using the method described in
paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop
conditions is required for this measurement since the receive level of a
digital telephone is independent of loop length.
(e) The ROLR for either an analog or digital telephone shall first
be determined with the receive volume control at its normal unamplified
level. The minimum volume control setting shall be used for this
measurement unless the manufacturer identifies a different setting for
the nominal volume level. The ROLR shall then be determined with the
receive volume control at its maximum volume setting. Since ROLR is a
loudness rating value expressed in dB of loss, more positive values of
ROLR represent lower receive levels. Therefore, the ROLR value
determined for the maximum volume control setting should be subtracted
from that determined for the nominal volume control setting to determine
compliance with the gain requirement.
(f) The 18 dB of receive gain may be exceeded provided that the
amplified receive capability automatically resets to nominal gain when
the telephone is
[[Page 342]]
caused to pass through a proper on-hook transition in order to minimize
the likelihood of damage to individuals with normal hearing.
(g) These incorporations by reference of paragraph 4.1.2 (including
table 4.4) of American National Standards Institute (ANSI) Standard
ANSI/EIA-470-A-1987 and paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 were
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be
purchased from the American National Standards Institute (ANSI), Sales
Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212)
642-4900. Copies also may be inspected during normal business hours at
the following locations: Consumer Information Bureau, Reference
Information Center, Federal Communications Commission, 445 12th Street,
SW, Washington, DC 20554; and Office of the Federal Register, 800 N.
Capitol Street, NW., Suite 700, Washington, DC.
[61 FR 42187, Aug. 14, 1996, as amended at 64 FR 60726, Nov. 8, 1999]
Sec. 68.318 Additional limitations.
(a) General. Registered terminal equipment for connection to those
services discussed below must incorporate the specified features.
(b) Registered terminal equipment with automatic dialing capability.
(1) Automatic dialing to any individual number is limited to two
successive attempts. Automatic dialing equipment which employ means for
detecting both busy and reorder signals shall be permitted an additional
13 attempts if a busy or reorder signal is encountered on each attempt.
The dialer shall be unable to re-attempt a call to the same number for
at least 60 minutes following either the second or fifteenth successive
attempt, whichever applies, unless the dialer is reactivated by either
manual or external means. This rule does not apply to manually activated
dialers that dial a number once following each activation.
Note to paragraph (b)(1):
Emergency alarm dialers and dialers under external computer control
are exempt from these requirements.
(2) If means are employed for detecting both busy and reorder
signals, the automatic dialing equipment shall return to its on-hook
state within 15 seconds after detection of a busy or reorder signal.
(3) If the called party does not answer, the automatic dialer shall
return to the on-hook state within 60 seconds of completion of dialing.
(4) If the called party answers, and the calling equipment does not
detect a compatible terminal equipment at the called end, then the
automatic dialing equipment shall be limited to one additional call
which is answered. The automatic dialing equipment shall comply with
paragraphs (b)(1), (b)(2), and (b)(3) of this section for additional
call attempts that are not answered.
(5) Sequential dialers shall dial only once to any individual number
before proceeding to dial another number.
(6) Network addressing signals shall be transmitted no earlier than:
(i) 70 ms after receipt of dial tone at the network demarcation
point; or
(ii) 600 ms after automatically going off-hook (for single line
equipment that does not use dial tone detectors); or
(iii) 70 ms after receipt of CO ground start at the network
demarcation point.
(c) Line seizure by automatic telephone dialing systems. Automatic
telephone dialing systems which deliver a recorded message to the called
party must release the called party's telephone line within 5 seconds of
the time notification is transmitted to the system that the called party
has hung up, to allow the called party's line to be used to make or
receive other calls.
(d) Telephone facsimile machines; Identification of the sender of
the message. It shall be unlawful for any person within the United
States to use a computer or other electronic device to send any message
via a telephone facsimile machine unless such message clearly contains,
in a margin at the top or bottom of each transmitted page or on the
first page of the transmission, the date and time it is sent and an
identification of the business, other entity, or individual sending the
message and the telephone number of the sending machine or of such
business, other entity,
[[Page 343]]
or individual. Telephone facsimile machines manufactured on and after
December 20, 1992, must clearly mark such identifying information on
each transmitted message.
(e) Requirement that registered equipment allow access to common
carriers. Any equipment or software manufactured or imported on or after
April 17, 1992, and installed by any aggregator shall be technologically
capable of providing consumers with access to interstate providers of
operator services through the use of equal access codes. The terms used
in this paragraph shall have meanings defined in Sec. 64.708 of this
chapter (47 CFR 64.708).
[62 FR 61691, Nov. 19, 1997]
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.
[66 FR 7585, Jan. 24, 2001]
Sec. 68.321 Location of responsible party.
The responsible party for a Supplier's Declaration of Conformity
must be located within the United States.
[66 FR 7585, Jan. 24, 2001]
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.
[66 FR 7586, Jan. 24, 2001]
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
[[Page 344]]
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).
[66 FR 7586, Jan. 24, 2001]
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
[[Page 345]]
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.
[66 FR 7586, Jan. 24, 2001]
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.
[66 FR 7586, Jan. 24, 2001]
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 responsible for the
performance of such changes.
[66 FR 7586, Jan. 24, 2001]
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.
[66 FR 7587, Jan. 24, 2001]
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,
[[Page 346]]
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.
[66 FR 7587, Jan. 24, 2001]
Subpart E--Complaint Procedures
Sec. 68.400 Content.
A complaint shall be in writing and shall contain:
(a) The name and address of the complainant,
(b) The name (and address, if known) of the defendant against whom
the complaint is made,
(c) A complete statement of the facts, including supporting data,
where available, showing that such defendant did or omitted to do
anything in contravention of part 68 of the Commission's Rules, and
(d) The relief sought.
Sec. 68.402 Amended complaints.
An amended complaint setting forth transactions, occurrences or
events which have happened since the filing of the original complaint
and which relate to the original cause of action may be filed with the
Commission.
Sec. 68.404 Number of copies.
An original and two copies of all complaints and amended complaints
shall be filed. An original and one copy of all other pleadings shall be
filed.
Sec. 68.406 Service.
(a) The Commission will serve a copy of any complaint or amended
complaint filed with it, together with a notice of the filing of the
complaint. Such notice shall call upon the defendant to satisfy or
answer the complaint in writing within the time specified in said notice
of complaint.
(b) All subsequent pleadings and briefs shall be served by the
filing party on all other parties to the proceeding in accordance with
the requirements of Sec. 1.47. Proof of such service shall also be made
in accordance with the requirements of said section.
Sec. 68.408 Answers to complaints and amended complaints.
Any party upon whom a copy of a complaint or amended complaint is
served under this subpart shall serve an answer within the time
specified by the Commission in its notice of complaint. The answer shall
advise the parties and the Commission fully and completely of the nature
of the defense, and shall respond specifically to all material
allegations of the complaint. In cases involving allegations of harm,
the answer shall indicate what action has been taken or is proposed to
be taken to stop the occurrence of such harm, both in terms of future
production and with reference to articles in the possession of
distributors, sellers, and users. Collateral or immaterial issues shall
be avoided in answers and every effort should be made to narrow the
issues. Matters alleged as affirmative defenses shall be separately
stated and numbered. Any defendant failing to file and serve an answer
within the time and in the manner prescribed may be deemed in default.
Sec. 68.410 Replies to answers or amended answers.
Within 10 days after service of an answer or an amended answer, a
complainant may serve a reply which shall be responsive to matters
contained in such answer or amended answer and shall not contain new
matters. Failure to reply will not be deemed an admission of any
allegation contained in such answer or amended answer.
Sec. 68.412 Defective pleadings.
Any pleading filed in a complaint proceeding not in substantial
conformity with the requirements of the applicable rules in this part
may be dismissed.
[[Page 347]]
Sec. 68.414 Hearing aid-compatibility: Enforcement.
Enforcement of Secs. 68.4 and 68.112 is hereby delegated to those
states which adopt those sections and provide for their enforcement. The
procedures followed by a state to enforce those sections shall provide a
30-day period after a complaint is filed, during which time state
personnel shall attempt to resolve a dispute on an informal basis. If a
state has not adopted or incorporated Secs. 68.4 and 68.112, or failed
to act within 6 months from the filing of a complaint with the state
public utility commission, the Commission will accept such compliants. A
written notification to the complainant that the state believes action
is unwarranted is not a failure to act.
[49 FR 1368, Jan. 11, 1984]
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.
[66 FR 7587, Jan. 24, 2001]
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).
[66 FR 7587, Jan. 24, 2001]
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
[[Page 348]]
without charge to complainants upon request.
[66 FR 7587, Jan. 24, 2001]
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
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.
[66 FR 7587, Jan. 24, 2001]
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
[[Page 349]]
to be appropriate under the facts and circumstances of the case.
[66 FR 7588, Jan. 24, 2001]
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.
[66 FR 7588, Jan. 24, 2001]
Subpart F [Reserved]
Subpart G--Administrative Council for Terminal Attachments
Source: 66 FR 7588, Jan. 24, 2001, unless otherwise noted.
Sec. 68.602 Sponsor of the Administrative Council for Terminal
Attachments.
(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 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
[[Page 350]]
(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.