§  68.2   Scope.

   (a) Except as provided in paragraphs (b) and (c) of this section, and
   excluding subpart F, which applies only to ACS telephonic CPE, the
   rules and regulations of this part 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. Sections
   68.4, 68.5, 68.6, 68.112, 68.160, 68.162, 68.316, and 68.317, and other
   sections to the extent they are made applicable by subpart F of this
   part, also apply to ACS and ACS telephonic CPE that is manufactured in
   the United States or imported for use in the United States on or after
   February 28, 2020.

   (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
   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, as amended at  83 FR 8632 , Feb. 28, 2018]