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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of ) ) Petition to Amend Part 68 ) of the Commission's Rules ) to Include Terminal Equipment ) CC Docket No. 93-268 Connected to Basic Rate Access ) Service Provided via ) Integrated Services ) Digital Network Access Technology ) ) and ) ) Petition to Amend Part 68 of the ) Commission's Rules to Include ) Terminal Equipment Connected to ) Public Switched Digital Service ) ORDER ON RECONSIDERATION Adopted: April 7, 1997 Released: April 10, 1997 By the Commission: I. INTRODUCTION 1. On March 7, 1996, the Commission released a Report and Order adopting final rules to amend Part 68 of the Commission's rules, to include Integrated Services Digital Network (ISDN) and Public Switched Digital Service (PSDS) terminal equipment. Part 68 governs the terms and conditions under which customer-provided terminal equipment may be connected to the nation's telephone network without causing harm to the network. Part 68 also provides rules exempting certain equipment from the registration rules of Part 68. 2. In this Order, the Commission, on its own motion, amends the effective dates after which new or modified equipment connected to the ISDN and the PSDS must comply with the Part 68 rules adopted in the ISDN Order. Grandfathering unmodified equipment installed on or before this date will permit an orderly implementation of new Part 68 rules by defining a transition period during which manufacturers and suppliers may use existing inventories without registering it under Part 68. For the reasons discussed below, we amend the dates defining grandfathered equipment and thus provide Part 68 applicants 18 months to comply with the new registration requirements. II. DISCUSSION 3. In the ISDN Order, the Commission stated that equipment connected to the PSDS, that was wired directly on or before January 1, 1996, may remain connected for its service life without registration, unless modified. The Commission further stated that new installation of terminal equipment, including associated premises wiring, may occur until July 1, 1997, without registration, if the terminal equipment is of a type directly connected to the PSDS as of January 1, 1996. The terminal equipment may be connected and reconnected to the PSDS for its service life without registration, unless the equipment is modified. Under our rules, existing equipment can continue to be used without being registered and thus is considered grandfathered. 4. Similarly, the Commission stated that equipment used for connection to ISDN Basic Rate Access (BRA) or Primary Rate Access (PRA) connected before January 1, 1996, may remain for its service life without registration, unless the equipment is modified. We stated that new terminal equipment, including premises wiring, may be installed up to July 1, 1997, without registration. Equipment installed on or before this date may remain connected and be reconnected to ISDN BRA or PRA for its service life without registration, unless the equipment is modified. This equipment also is considered grandfathered. 5. Grandfather provisions are used to assure an orderly implementation of our equipment registration program. Generally, the Commission allows an 18-month transition period, that starts on the date new rules become effective for equipment to become compliant with our registration rules. Because of unanticipated delays in publishing the ISDN Order in the Federal Register, the transition period in this case has been greatly reduced. To retain the 18-month period essential to an orderly transition of equipment to the new requirements, the Commission is now modifying its current rules to extend the time frame for equipment governed by the rules adopted in the ISDN Order. The dates January 1, 1996 and July 1, 1997, are thus changed to November 13, 1996 and May 13, 1998, respectively. Consequently, equipment connected by November 13, 1996 will be considered grandfathered and not subject to our registration rules under Part 68. 6. The new dates we prescribe have been calculated to ensure a "transition period during which various manufacturers and suppliers may use their existing inventories and bring their equipment into compliance with [Commission] rules." While some suppliers and manufacturers may comply with registration requirements for equipment more quickly than our rules require, the new time frame comports with Commission practice of allowing a reasonable interval for achieving compliance. We conclude that the period for grandfathering will assist parties in an orderly transition to the new rule. 7. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 303(r), of the Communication Act of 1934, as amended, 47 U.S.C. Section 154(i), 154(j), and 303(r), the Part 68 rule modifications contained in Appendix A ARE ADOPTED. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A Title 47 the Code of Federal Regulations, Part 68 is amended as follows: PART 68-CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK 1. The authority citation for Part 68 is amended to read as follows: Authority: 47 U.S.C. 154, 303. 2. Sections 68.2(j) and 68.2(k) are amended by revising paragraphs (j)(1), (j)(2), (k)(1), and (k)(2) to read:  68.2 Scope * * * * * (j) * * * (1) Terminal equipment, including its premises wiring directly connected to PSDS (Type I, II or III) on or before November 13, 1996, may remain for service life without registration, unless subsequently modified. Service life means the life of the equipment until retired from service. Modification means changes to the equipment that affect compliance with Part 68 rules. (2) New installation of terminal equipment, including its premises wiring, may occur until May 13, 1998, without registration of any terminal equipment involved, provided that the terminal equipment is of a type directly connected to PSDS (Type I, II or III) as of November 13, 1996. This terminal equipment may remain connected and be reconnected to PSDS (Type I, II or III) for service life without registration unless subsequently modified. (k) * * * (1) Terminal equipment, including premises wiring directly connected to ISDN BRA or PRA on November 13, 1996, may remain connected to ISDN BRA or PRA for service life without registration, unless subsequently modified. (2) New installation of terminal equipment, including premises wiring, may occur until May 13, 1998, without registration of any terminal equipment involved, provided that the terminal equipment is of a type directly connected to ISDN BRA or PRA as of November 13, 1996. This terminal equipment may remain connected and be reconnected to ISDN BRA or PRA for service life without registration unless subsequently modified. * * * * *