§ 68.105   Minimum point of entry (MPOE) and demarcation point.

   (a) Facilities at the demarcation point. Carrier-installed facilities at, or
   constituting,  the  demarcation  point shall consist of wire or a jack
   conforming to the technical criteria published by the Administrative Council
   for Terminal Attachments.

   (b) Minimum point of entry. The “minimum point of entry” (MPOE) as used
   herein shall be either the closest practicable point to where the wiring
   crosses a property line or the closest practicable point to where the wiring
   enters   a   multiunit  building  or  buildings.  The  reasonable  and
   nondiscriminatory standard operating practices of the provider of wireline
   telecommunications services shall determine which shall apply. The provider
   of wireline telecommunications services is not precluded from establishing
   reasonable classifications of multiunit premises for purposes of determining
   which shall apply. Multiunit premises include, but are not limited to,
   residential, commercial, shopping center and campus situations.

   (c) Single unit installations. For single unit installations existing as of
   August 13, 1990, and installations installed after that date the demarcation
   point shall be a point within 30 cm (12 in) of the protector or, where there
   is no protector, within 30 cm (12 in) of where the telephone wire enters the
   customer's premises, or as close thereto as practicable.

   (d) Multiunit installations. (1) In multiunit premises existing as of August
   13, 1990, the demarcation point shall be determined in accordance with the
   local  carrier's  reasonable and non-discriminatory standard operating
   practices. Provided, however, that where there are multiple demarcation
   points within the multiunit premises, a demarcation point for a customer
   shall not be further inside the customer's premises than a point twelve
   inches from where the wiring enters the customer's premises, or as close
   thereto as practicable.

   (2) In multiunit premises in which wiring is installed, including major
   additions or rearrangements of wiring existing prior to that date, the
   provider of wireline telecommunications may place the demarcation point at
   the  minimum  point  of  entry  (MPOE).  If  the  provider of wireline
   telecommunications  services does not elect to establish a practice of
   placing the demarcation point at the minimum point of entry, the multiunit
   premises owner shall determine the location of the demarcation point or
   points. The multiunit premises owner shall determine whether there shall be
   a single demarcation point location for all customers or separate such
   locations  for  each customer. Provided, however, that where there are
   multiple demarcation points within the multiunit premises, a demarcation
   point for a customer shall not be further inside the customer's premises
   than a point 30 cm (12 in) from where the wiring enters the customer's
   premises, or as close thereto as practicable. At the time of installation,
   the provider of wireline telecommunications services shall fully inform the
   premises owner of its options and rights regarding the placement of the
   demarcation point or points and shall not attempt to unduly influence that
   decision for the purpose of obstructing competitive entry.

   (3) In any multiunit premises where the demarcation point is not already at
   the MPOE, the provider of wireline telecommunications services must comply
   with a request from the premises owner to relocate the demarcation point to
   the  MPOE.  The  provider of wireline telecommunications services must
   negotiate  terms  in  good  faith and complete the negotiations within
   forty-five days from said request. Premises owners may file complaints with
   the Commission for resolution of allegations of bad faith bargaining by
   provider of wireline telecommunications services. See 47 U.S.C. 208; 47 CFR
   1.720 through 1.736 (1999).

   (4)  The  provider  of wireline telecommunications services shall make
   available information on the location of the demarcation point within ten
   business days of a request from the premises owner. If the provider of
   wireline telecommunications services does not provide the information within
   that time, the premises owner may presume the demarcation point to be at the
   MPOE. Notwithstanding the provisions of § 68.110(c) of this part, provider of
   wireline telecommunications services must make this information freely
   available to the requesting premises owner.

   (5) In multiunit premises with more than one customer, the premises owner
   may adopt a policy restricting a customer's access to wiring on the premises
   to only that wiring located in the customer's individual unit that serves
   only that particular customer.

   [ 66 FR 7582 , Jan. 24, 2001;  67 FR 60167 , Sept. 25, 2002]

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