FCC Web Documents citing 68.108

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.txt
  • TERMINAL EQUIPMENT Brief Description: This rule authorizes telecommunications common carriers to discontinue service when harm occurs originating from customer-installed equipment. Need: This rule allows telecommunications common carriers to avoid harm to the public switched telephone network and to other customers' service originating from customer-installed wiring or equipment. Legal Basis: 47 U.S.C. §§ 151-154, 201-205, and 303(r). Section Number and Title: 68.108 Incidence of harm. Brief Description: This rule requires the public locations that are required to have hearing-aid compatible telephones, and describes the extent to which they are required to have such telephones. In addition, it sets the times by which these telephones must be available. Need: This rule specifies that public buildings and businesses must make available hearing aid compatible
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.txt
  • that we currently enforce and intend to continue enforcing, even after the transition to the industry model for the adoption of technical criteria and terminal equipment approval. First, we proposed that Part 68 will continue to include rules requiring that wireline providers of telecommunications permit connection of compliant terminal equipment to their networks. Second, we proposed no change in Section 68.108, which permits carriers to discontinue service to subscribers that connect harmful equipment. Third, we proposed to continue to enforce the rules that will remain in Part 68, such as the technical rules for hearing aid compatibility, volume control, and inside wiring. Fourth, we proposed that there be no change in our responsibility to support the U.S. Customs Service's enforcement of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-98A1.txt
  • control, and consumer protection provisions. We also maintain enforcement procedures for terminal equipment. Id. at paras. 4, 68-70, 115-26. See id. at paras. 11, 20-23. See id. at para. 21. KMC Comments at 7. Part 68 Streamlining Order at para. 119. We continue to permit providers to discontinue temporarily service to subscribers that connect harmful equipment. See 47 C.F.R. § 68.108. See, e.g., CIX Comments at 2-3; ISPC Comments at 5-7. Computer III March 1999 Order, 14 FCC Rcd at 4321, para. 49. See id. at 4317-18, para. 43 (citing Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No. 96-98, Second Report and Order and Memorandum Opinion and Order, 11 FCC Rcd 19392 (1996)); 47
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.txt
  • or non-compliant terminal equipment. We assure all interested parties that we will in no way reduce our enforcement functions nor our cooperation with the U.S. Customs Service with regard to terminal equipment compliance. We also note that none of the provisions in this Order diminish the obligations set forth in section 255. Moreover, we agree with Bell Atlantic that section 68.108 of our rules will remain in effect, allowing carriers to protect their network from the rare occurrence of faulty terminal equipment, and allowing customers to bring a complaint to the Commission. We believe that this is a common-sense approach to permit immediate self-help to providers of telecommunications services whose networks are being harmed, or whose other customers are being affected,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000388.doc
  • per se, reason never to address it. Nevertheless, we decline to adopt an additional limit on transverse balance beyond the existing limits of 47 C.F.R. section 68.310, as a condition for granting Alcatel's Petition. Based upon the record, we find that the current limits of 47 C.F.R. section 68.310 and the general conditions for self-help afforded by 47 C.F.R. section 68.108, provide the PSTN with adequate protection. 19. With respect to Bell Atlantic's third condition, that deployment be limited to qualified loops, we also agree with Lucent that such limitation is not necessary, and decline to adopt it as a condition for waiver. In the Nortel Order, the Commission considered that condition and agreed with Petitioner Nortel that requiring an ILEC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001653.doc
  • only for modems that meet the performance conditions described above is based upon the information in the record before us. In the event it becomes evident that the information is incomplete or inaccurate, and it appears that harm to the PSTN is possible, we note an additional remedy that facilities-based telecommunications carriers may use to protect their networks. First, section 68.108 of the Commission's rules affords carriers certain self-help privileges, enabling them to take necessary actions to protect the PSTN. These actions include temporarily disconnecting or refusing to connect inside wiring or customer premises equipment (CPE) that is likely to cause harm to the PSTN. Pursuant to section 68.108, carriers must notify the customer of their intended action, give the customer
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.txt
  • or non-compliant terminal equipment. We assure all interested parties that we will in no way reduce our enforcement functions nor our cooperation with the U.S. Customs Service with regard to terminal equipment compliance. We also note that none of the provisions in this Order diminish the obligations set forth in section 255. Moreover, we agree with Bell Atlantic that section 68.108 of our rules will remain in effect, allowing carriers to protect their network from the rare occurrence of faulty terminal equipment, and allowing customers to bring a complaint to the Commission. We believe that this is a common-sense approach to permit immediate self-help to providers of telecommunications services whose networks are being harmed, or whose other customers are being affected,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc99405.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc99405.txt
  • for such private sector efforts. We also emphasize that because the inside wiring quality standards we adopt in this Order are minimum standards, they do not imply that inferior materials may be used instead of copper. Although the use of inferior, non-copper customer premises transmission media may not be explicitly precluded by these rules, we note that, pursuant to section 68.108, a carrier need not connect, or remain connected, to inside wiring that the carrier reasonably suspects will cause harm to the PSTN. Under section 68.108 of our rules, carriers are afforded certain self-help privileges enabling them to take necessary actions to protect the PSTN, such as temporarily disconnecting or refusing to connect inside wiring or CPE that is likely to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.txt
  • TERMINAL EQUIPMENT Brief Description: This rule authorizes telecommunications common carriers to discontinue service when harm occurs originating from customer-installed equipment. Need: This rule allows telecommunications common carriers to avoid harm to the public switched telephone network and to other customers' service originating from customer-installed wiring or equipment. Legal Basis: 47 U.S.C. §§ 151-154, 201-205, and 303(r). Section Number and Title: 68.108 Incidence of harm. Brief Description: This rule requires the public locations that are required to have hearing-aid compatible telephones, and describes the extent to which they are required to have such telephones. In addition, it sets the times by which these telephones must be available. Need: This rule specifies that public buildings and businesses must make available hearing aid compatible
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.txt
  • that we currently enforce and intend to continue enforcing, even after the transition to the industry model for the adoption of technical criteria and terminal equipment approval. First, we proposed that Part 68 will continue to include rules requiring that wireline providers of telecommunications permit connection of compliant terminal equipment to their networks. Second, we proposed no change in Section 68.108, which permits carriers to discontinue service to subscribers that connect harmful equipment. Third, we proposed to continue to enforce the rules that will remain in Part 68, such as the technical rules for hearing aid compatibility, volume control, and inside wiring. Fourth, we proposed that there be no change in our responsibility to support the U.S. Customs Service's enforcement of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-98A1.txt
  • control, and consumer protection provisions. We also maintain enforcement procedures for terminal equipment. Id. at paras. 4, 68-70, 115-26. See id. at paras. 11, 20-23. See id. at para. 21. KMC Comments at 7. Part 68 Streamlining Order at para. 119. We continue to permit providers to discontinue temporarily service to subscribers that connect harmful equipment. See 47 C.F.R. § 68.108. See, e.g., CIX Comments at 2-3; ISPC Comments at 5-7. Computer III March 1999 Order, 14 FCC Rcd at 4321, para. 49. See id. at 4317-18, para. 43 (citing Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No. 96-98, Second Report and Order and Memorandum Opinion and Order, 11 FCC Rcd 19392 (1996)); 47
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.txt
  • or non-compliant terminal equipment. We assure all interested parties that we will in no way reduce our enforcement functions nor our cooperation with the U.S. Customs Service with regard to terminal equipment compliance. We also note that none of the provisions in this Order diminish the obligations set forth in section 255. Moreover, we agree with Bell Atlantic that section 68.108 of our rules will remain in effect, allowing carriers to protect their network from the rare occurrence of faulty terminal equipment, and allowing customers to bring a complaint to the Commission. We believe that this is a common-sense approach to permit immediate self-help to providers of telecommunications services whose networks are being harmed, or whose other customers are being affected,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000388.doc
  • per se, reason never to address it. Nevertheless, we decline to adopt an additional limit on transverse balance beyond the existing limits of 47 C.F.R. section 68.310, as a condition for granting Alcatel's Petition. Based upon the record, we find that the current limits of 47 C.F.R. section 68.310 and the general conditions for self-help afforded by 47 C.F.R. section 68.108, provide the PSTN with adequate protection. 19. With respect to Bell Atlantic's third condition, that deployment be limited to qualified loops, we also agree with Lucent that such limitation is not necessary, and decline to adopt it as a condition for waiver. In the Nortel Order, the Commission considered that condition and agreed with Petitioner Nortel that requiring an ILEC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001653.doc
  • only for modems that meet the performance conditions described above is based upon the information in the record before us. In the event it becomes evident that the information is incomplete or inaccurate, and it appears that harm to the PSTN is possible, we note an additional remedy that facilities-based telecommunications carriers may use to protect their networks. First, section 68.108 of the Commission's rules affords carriers certain self-help privileges, enabling them to take necessary actions to protect the PSTN. These actions include temporarily disconnecting or refusing to connect inside wiring or customer premises equipment (CPE) that is likely to cause harm to the PSTN. Pursuant to section 68.108, carriers must notify the customer of their intended action, give the customer
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.txt
  • or non-compliant terminal equipment. We assure all interested parties that we will in no way reduce our enforcement functions nor our cooperation with the U.S. Customs Service with regard to terminal equipment compliance. We also note that none of the provisions in this Order diminish the obligations set forth in section 255. Moreover, we agree with Bell Atlantic that section 68.108 of our rules will remain in effect, allowing carriers to protect their network from the rare occurrence of faulty terminal equipment, and allowing customers to bring a complaint to the Commission. We believe that this is a common-sense approach to permit immediate self-help to providers of telecommunications services whose networks are being harmed, or whose other customers are being affected,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc99405.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc99405.txt
  • for such private sector efforts. We also emphasize that because the inside wiring quality standards we adopt in this Order are minimum standards, they do not imply that inferior materials may be used instead of copper. Although the use of inferior, non-copper customer premises transmission media may not be explicitly precluded by these rules, we note that, pursuant to section 68.108, a carrier need not connect, or remain connected, to inside wiring that the carrier reasonably suspects will cause harm to the PSTN. Under section 68.108 of our rules, carriers are afforded certain self-help privileges enabling them to take necessary actions to protect the PSTN, such as temporarily disconnecting or refusing to connect inside wiring or CPE that is likely to