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X. 1. a.(1)(a)(i) i a) 1. a. i.(1)(a)(i) i a)  X-1. xVoice band metallic, nonnetwork control, signal power (68.308(b)(1))  Xv-2. xVoice band metallic, network control, signal power (68.308(b)(2)(i))  X_-3. xLimits on power of encoded analog signals for Public Switched Digital Service x(PSDS) (Types I, II and III) (68.308(b)(2)(iii))  X1-4. xDC conditions for throughtransmission (68.308(b)(3)(i))  X -5. xEquipment connections for throughtransmission (68.308(b)(3)(ii))  X -6. xVoice band signal power for data equipment (68.308(b)(4))  X -7. xVoice band signal power for protective circuitry (68.308(b)(4))  X -8. xLimits on amplification in throughtransmission path (68.308(b)(5)(AF))  X -9. xLimits on signal power, general (68.308(b)(5)(G))  X - 10. xLimits on energy in specific frequency bands (68.308(b)(5)(H))  X- 11. xLimits on insertion loss for specific frequency bands (68.308(b)(5)(H)(ii))  Xy- 12. xReturn loss limits for twowire interfaces (68.308(b)(6)(i))  Xb- 13. xReturn loss limits for fourwire interfaces (68.308(b)(6)(ii))  XK- 14. xTransducer loss limits for fourwire interfaces (68.308(b)(6)(ii))  X4-15. xDC conditions for OPS ports (68.308(b)(7)(ii))  X-16. xConstraints on code words for Muencoded subrate channels in connections to 1.544 xMbps digital circuits (68.308(b)(7)(ii))  X-17. xLimits on nonnetwork control signal power in the band 39954005 Hz (68.308(c))  X-18. xLimits on loss in throughtransmission paths in the band 6004000 Hz (68.308(c)(2))  X-19. xLimits on longitudinal voltage at frequencies between .1 and 4000 Hz (68.308(d)) xunder conditions provided in 68.308(g)  X-20. xLimits on NonLADC metallic voltage at frequencies between 4 kHz and 270 kHz and xbetween 270 kHz and 6 mHz (68.308(e)(1)(iii)) under conditions provided in x68.308(g)  XN-21. xLimits on NonLADC longitudinal rms voltage at frequencies between 4 kHz and 270 xkHz (68.308(e)(2)(iii)) under conditions provided in 68.308(g)  X -22. xLimits for LADC impedance (68.308(f)) under conditions provided in 68.308(g)  X -23. xLimits for LADC metallic rms voltage at frequencies below 4000 Hz (68.308(f)(1)) xunder conditions provided in 68.308(g)  X-24. xLimits for LADC metallic rms voltage at frequencies between 4 kHz and 270 kHz x(68.308(f)(2)(iii)) under conditions provided in 68.308(g)  X!-25. xLimits for LADC metallic rms voltage at frequencies above 270 kHz (68.308(f)(2)) xunder conditions provided in 68.308(g)"" 0*$$33f!"Ԍ X-26. xLimits for LADC metallic peak voltage at frequencies between 4 kHz and 6 MHz x(68.308(f)(1)(iv)) under conditions provided in 68.308(g)  X-27. xLimits for LADC longitudinal rms voltage at frequencies below 4000 Hz x(68.308(f)(3)(i)) under conditions provided in 68.308(g)  X-28. xLimits for LADC longitudinal rms voltage at frequencies between 4 kHz and 270 kHz x(68.308(f)(3)(ii)) under conditions provided in 68.308(g)  Xv-29. xLimits for LADC longitudinal rms voltage at frequencies between 270 kHz and 6 MHz x(68.308(f)(3)(ii)) under conditions provided in 68.308(g)  XH-30. xRequirements for pulse repetition rates for 2.4, 4.8, 9.6 or 56.0 kbps signals x(68.308(h)(1)(i))  X -31. xRequirements of pulse template and test conditions for 2.4, 4.8, 9.6 or 56.0 kbps xsignals (68.308(h)(1)(ii))  X -32. xAverage power limitations and test conditions for 2.4, 4.8, 9.6 or 56.0 kbps signals x(68.308(h)(1)(iii))  X - 33. xAverage power limitations and test conditions for encoded analog content of digital xsignals (68.308(h)(1)(iv))  X-!34. xUpper and lower bounds on pulse repetition rates of digital signals from equipment xconnected to 1.544 Mbps and ISDN PRA services (68.308(h)(2)(i))  Xb-"35. xRequirements of pulse template and test conditions for digital signals from equipment (#(#Xxconnected to 1.544 Mbps and ISDN PRA services (68.308(h)(2)(ii))  X4-#36. xUpper and lower bound signal voltage from equipment connected to 1.544 Mbps and xISDN PRA services (68.308(h)(2)(iii))  X-$37. xUpper and lower bound signal power from equipment connected to 1.544 Mbps and xISDN PRA services (68.308(h)(2)(iv))  X-%38. xAverage power limitations and test conditions for encoded analog content of digital xsignals from equipment connected to 1.544 Mbps and ISDN PRA services x(68.308(h)(2)(v))  X-&39. xUpper and lower bounds on pulse repetition rates of digital signals from equipment xconnected to PSDS Types II and III services (68.308(h)(3))  Xe-'40. xRequirements of pulse template and test conditions for digital signals from equipment xconnected to PSDS Types II and III services (68.308(h)(3)(i))  X7-(41. xAverage power limitations and test conditions for encoded analog content of digital xsignals from equipment connected to ISDN BRA services (68.308(h)(4))  X -)42. xTransverse balance limitations of 68.310(a) for one-port terminal equipment for 2-wire xnon-data applications with loop start, ringdown, inband signaling or voiceband metallic xchannels under conditions of 68.310(a) as modified by 68.310(b)  X -*43. xTransverse balance limitations of 68.310(a) for one-port terminal equipment for 2-wire xdata applications with loop start, ringdown, inband signaling or voiceband metallic xchannels under conditions of 68.310(a) as modified by 68.310(c)"" 0*$$33f!"Ԍ X-+44. xTransverse balance limitations of 68.310(a) for one-port equipment for ground-start xand reverse-battery applications under conditions of 68.310(a) as modified by x68.310(d)  X-,45. xTransverse balance limitations of 68.310(a) for protective circuitry for 2-wire xapplications with loop start, ringdown, inband signaling or voiceband metallic channels xunder conditions of 68.310(a) as modified by 68.310(e)  Xv--46. xTransverse balance limitations of 68.310(a) for protective circuitry for ground-start and xreverse-battery applications under conditions of 68.310(a) as modified by 68.310(e)  XH-.47. xTransverse balance limitations of 68.310(a) for protective circuitry for ground-start and xreverse-battery applications under conditions of 68.310(a) as modified by 68.310(f)  X -/48. xTransverse balance limitations of 68.310(a) for multi-port equipment for loop-start xapplications under conditions of 68.310(a) as modified by 68.310(g)  X -049. xTransverse balance limitations of 68.310(a) for multi-port equipment for ground start xand reversebattery applications under conditions of 68.310(a) as modified by x68.310(h)  X -150. xTransverse balance limitations of 68.310(a) for terminal equipment and registered xprotective circuitry for 4-wire network ports under conditions of 68.310(a) as xmodified by 68.310(i)  Xb-251. xTransverse balance limitations of 68.310(a) for protective circuitry for loopstart, xgroundstart, reversebattery, ringdown, inband signaling or voiceband metallic channel xapplications under conditions of 68.310(a) as modified by 68.310(i)(1)  X-352. xTransverse balance limitations of 68.310(a) for multiport equipment for loop start, xground start, and reverse battery, ringdown, inband signaling, or voiceband metallic xchannel applications under conditions of 68.310(a) as modified by 68.310(i)(2)  X-453. xTransverse balance limitations of 68.310(a) for PBX equipment (or similar systems) xwith Class B or Class C off-premises interfaces under conditions of 68.310(a) as xmodified by 68.310(j)  X-554. xTransverse balance limitations of 68.310(a) for Ringing type Z equipment for xloop-start applications under conditions of 68.310(a) as modified by 68.310(k)  Xe-655. xTransverse balance limitations of figure 68.310(k) for registered terminal equipment xconnected to digital services  X7-756. xConstraints of 68.314(d)(1) on signal power in the 2450 to 2750 Hz band  X -857. xConstraints of 68.314(d)(2) on the energy in the 2450 to 2750 Hz band in digital xsignals with encoded analog content  " 0*$$33"  X-) APPENDIX B  X-TP PROPOSED RULE CHANGES  1. a. i.(1)(a)(i) i a)9 1. 1. a.(1)(a)(i) i a) Title 47 of the Code of Federal Regulations Part 68 is proposed to be amended as follows: Part 68 CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK  X_-x1. The authority citation for Part 68 continues to read as follows:  X1-  x AUTHORITY: Sections 1, 4, 5, 2015, 208, 215, 218, 226, 227, 303, 313, 314, 403,  x!404, 410, 522 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154, 155,  X -2015, 208, 215, 218, 226, 227, 303, 313, 314, 403, 404, 410, 522.  X -x2. Section 68.308 is amended as follows:  X - Section 68.308 Signal Power Limitations.  Xy-* * * * *  XK-(h) Interference limitations for transmission of bipolar signals over digital services  X- * * * * *  X-(1)  Limitations on Terminal Equipment Connecting to Subrate Digital Services  X- * * * * *  X-(iv) Encoded analog content. * * * * *  x.The maximum equivalent power of encoded analog signals for other than live voice as derived  xby a zero level decoder test configuration shall not exceed 6 dBm when averaged over any 3second time interval. x  X- * * * * *  x(2) Limitations on Terminal Equipment Connecting to 1.544 Mbps Digital Services and ISDN PRA Services  X"- * * * * * "# 0*$$33G""Ԍ X-(v) Encoded analog content. * * * * *  xThe maximum equivalent power of encoded analog signals for other than live voice that are not  xintended for network control signaling as derived by a zero level decoder test configuration shall not exceed 6 dBm when averaged over any 3second time interval.  X-  Xx-* * * * * "x 0*$$33F"  X-) APPENDIX C T  X- INITIAL REGULATORY FLEXIBILITY ANALYSIS T 1. 1. a.(1)(a)(i) i a) 1. 1. a.(1)(a)(i) i a)P  X-x1. As required by the Regulatory Flexibility Act (RFA),ZH {O- x#X\  P6G;gP##X\  P6G;gP##C\  P6QgP#э#X\  P6G;gP##C\  P6QgP# #C\  P6QgP# #C\  P6QgP#See 5 U.S.C.  603. The RFA see 5 U.S.C.  601 et. seq., has been amended by the Contract with America  xAdvancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the expected significant  Xv-economic impact on small entities by the policies and rules proposed in this Notice of  X_-Proposed Rulemaking. Written public comments are requested in this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on  X1-the Notice of Proposed Rulemaking provided above in paragraph 14. The Commission will  X -send a copy of the Notice of Proposed Rulemaking, including this IRFA, to the Chief Counsel  X -for Advocacy of the Small Business Administration. See 5 U.S.C.  603(a). In addition, the  X -Notice of Proposed Rulemaking and IRFA (or summaries thereof) will be published in the  X -Federal Register. See id.Ġ  X - A. Need for, and Objectives of, the Proposed Rules  X}-x2. Part 68 governs the terms and conditions under which customer provided terminal equipment may be connected to the telephone network. This rulemaking is initiated to obtain comment on whether the Commission should adopt amendments to Part 68 of the Commission's rules to optimize the signal power restrictions and other sections of Part 68 that govern the requirements for connection of customer premises equipment to the public switched telecommunications network. As a result of the proposed amendments to Part 68, manufacturers will be able to market products that will enable consumers to maximize their utilization of available bandwidth when transmitting digital information via the public switched telecommunications network, while not adversely affecting the quality of other services provided over the network.  X- B. Legal Basis  XR-x3. The proposed action is authorized under Sections 151, 154(i), 151(j), 201205 and 218, 220, 226, 227, 255, 256, and 403 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 151(j), 201205 and 218, 220, 226, 227, 255, 256, and 403.  X- C. Description and Estimate of the Number of Small Entities To Which the Proposed  X-Rules Will Apply "0*$$33"Ԍ X-ԙx4. The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the proposed rules. The RFA defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small business concern" under section 3 of the Small  X-Business Act.H {O- x#X\  P6G;gP##X\  P6G;gP##C\  P6QgP#э#X\  P6G;gP##C\  P6QgP# #C\  P6QgP#See 5 U.S.C.  601(3) (incorporating by reference the definition of "small business concern" in 5 U.S.C.  632). A small business concern is one that (1) is independently owned and operated; (2) is not dominant in its field of operation, and (3) satisfies any additional criteria established  Xv-by the SBA.1v"H yOI -#X\  P6G;gP##X\  P6G;gP##C\  P6QgP#э#X\  P6G;gP##C\  P6QgP# #C\  P6QgP#15 U.S.C.  632.1 SBA has defined a small business for Standard Industrial Classification (SIC) category 4813 (Telephone Communications, Except Radiotelephone) to be a small entity when  XH-it has no more than 1,500 employees.JHH {O -#X\  P6G;gP##X\  P6G;gP##C\  P6QgP#э#X\  P6G;gP##C\  P6QgP# #C\  P6QgP#See 13 C.F.R.  121.201, SIC 3661. J  X -x5. Consistent with our prior practice, we here exclude small incumbent local exchange carriers (LECs) from the definition of "small entity" and "small business concern." While such a company may have 1,500 or fewer employees and thus fall within the SBA's definition of a small telecommunications entity, such companies are either dominant in their field or operation or are not independently owner and operated. Out of an abundance of caution, however, for regulatory flexibility analysis purposes, we will consider small incumbent LECs within this present analysis and use the term "small incumbent LECs" to refer to any incumbent LEC that arguably might be defined by the SBA as a small business concern.  XK-x6. Manufacturers of Telecommunications Equipment. The Commission has not developed a definition for small manufacturers of telecommunications terminal equipment. The closest applicable definition under SBA rules is for manufacturers of telephone and telegraph apparatus (SIC 3661) which defines a small manufacturer as one having 1,000 or  X-fewer employees.DH {O-#X\  P6G;gP##C\  P6QgP#э#X\  P6G;gP##C\  P6QgP# #C\  P6QgP#Id. According to 1992 Census Bureau data, there were 479 such manufacturers, and of those, 436 had 999 or fewer employees, and 7 had between 1,000 and  X-1,499 employees.H yOH - x#X\  P6G;gP##C\  P6QgP#э#X\  P6G;gP##C\  P6QgP# #C\  P6QgP#1992 Economic Census, Industry and Employment Size of Firm, Table 1D (data prepared by U.S. Census Bureau under contract to the U.S. Small Business Administration). Consequently, we estimate that there are fewer than 443 small manufacturers of telecommunications terminal equipment that may be affected by the decision  X-and rules proposed in this Notice of Proposed Rulemaking. "|. 0*$$332"Ԍ X- D. Description of Projected Reporting, Recordkeeping, and Other Compliance  X-Requirements.  X-x7. There are no reporting or recordkeeping requirements. Manufacturers will be required to test terminal equipment to a revised technical standard.  Xv- E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered  XH-  X1-x8. There is no significant economic impact on Small Entities. Compliance with the current technical standard will result in compliance with the revised technical standard.  X - F. Federal Rules that Overlap, Duplicate, or Conflict with These Rules  X -x9. None. "#0*$$33G""Ԍ `<ԙ#|\  P6G; 0P# # Xj\  P6G;W XP#Separate Statement of Commissioner Harold W. FurchtgottRoth ă  X- , In re: Notice of Proposed Rulemaking ă  X- 71998 Biennial Regulatory Review Modifications to Signal Power Limitations Contained in Part 68 of the Commission's Rules  X-T PT PxI support adoption of this Notice of Proposed Rulemaking  . In my view, any reduction of unnecessary regulatory burdens is beneficial. To that extent, this item is good and I am all for it. This item should not, however, be mistaken for complete compliance with Section 11 of the Communications Act. x  X -xAs I have explained previously, the FCC is not planning to "review all regulations issued under this Act . . . that apply to the operations or activities of any provider of telecommunications service," as required under Subsection 11(a) in 1998 (emphasis added).  X -See generally 1998 Biennial Regulatory Review Review of Computer III  and ONA  X-Safeguards and Requirements  , 13 FCC Rcd 6040 (released Jan. 30, 1998).  Nor has the Commission issued general principles to guide our public interest analysis and decisionmaking process across the wide range of FCC regulations. xIn one important respect, however, the FCC's current efforts are more ambitious and difficult than I believe are required by the Communications Act. Subsection 11(a)  X--"Biennial Review" requires only that the Commission "determine whether any such regulation is no longer necessary in the public interest" (emphasis added). It is pursuant to Subsection 11(b) "Effect of Determination" that regulations determined to be no longer in the public interest must be repealed or modified. Thus, the repeal or modification of our rules, which requires notice and comment rule making proceedings, need not be accomplished during the year of the biennial review. Yet the Commission plans to complete roughly thirty such proceedings this year. xI encourage parties to participate in these thirty rule making proceedings. I also suggest that parties submit to the Commission either informally or as a formal filing specific suggestions of rules we might determine this year to be no longer necessary in the public interest as well as ideas for a thorough review of all our rules pursuant to Subsection 11(a).  X -2* * * * * * *#Xj\  P6G;W XP#