FACT SHEET PART 68 NOTICE OF PROPOSED RULEMAKING Background: What is Part 68? ? Part 68 of the Federal Communications Commission's (FCC) rules specifies the criteria for connection of customer premises equipment (CPE) to the telephone network. CPE is equipment, such as telephones, faxes, modems, operating on a customer's premises to originate, route or terminate telecommunications over the Public Switched Telephone Network (PSTN). The rules do the following: 1. Establish technical criteria to ensure that CPE does not harm the telephone network or telephone company personnel. 2. Establish a registration process to verify that equipment connected to the telephone network complies with the technical criteria. 3. Require local telephone companies to allow CPE that is registered as Part 68 compliant to be connected to their networks. ? The FCC currently certifies approximately 3,000 CPE applications per year. ? Prior to the adoption of Part 68 rules, telephone companies generally only permitted CPE supplied by themselves to connect to the telephone networks, giving the telephone companies monopoly control of the CPE market. ? At the time the Commission established its Part 68 rules, few entities outside of the local exchange carriers (LECs) had extensive knowledge about the interaction of CPE and the Public Switched Telephone Network (PSTN), and there were no private standards-setting bodies or testing laboratories with expertise in CPE. Given this market condition, the Commission established technical criteria to ensure that CPE would not harm the telephone network. Telephone companies were required to permit connection of compliant CPE to their networks. The Commission identified four types of harm against which the network has to be protected. 1. electrical hazards to telephone company personnel; 2. damage to telephone company equipment; 3. malfunction of telephone company billing equipment; and, 4. degradation of service to persons other than the user of the terminal equipment, his calling or called party. ? The Commission's Part 68 rules assure that registered CPE can be freely connected to the telephone network, and has facilitated a vibrant, competitive market for CPE, reducing prices and resulting in a proliferation of new equipment and capabilities available to consumers. -- more -- ? In the years since the Part 68 rules were adopted, the marketplaces for both CPE and local exchange service have changed dramatically. Vibrant competition has emerged in the CPE marketplace. Basic voice telephones (virtually the only CPE that was available from the LECs at the time Part 68 rules were established) are now available from an array of suppliers in a myriad of styles with varied options for extremely low prices. ? Part 68 does not regulate the quality or performance of CPE except as these factors relate to preventing telephone network harm. Quality and performance factors are served by consumer protection laws and by the operation of the free market. Notice of Proposed Rulemaking ? In the Notice of Proposed rulemaking, the Commission is considering proposals to: 1. Streamline most elements of the process by which technical criteria are established for CPE that, once certified, LECs must allow to be connected to the telephone network. 2. Make the certification processes more expeditious and more responsive to technical innovation, while preserving the Commission's core goals of preventing harm to the telephone network and ensuring access to the network for persons with disabilities. 3. Reduce governmental involvement in the setting of technical criteria and registration of CPE. 4. Promote the pace of new or competitive CPE deployment, and therefore increase the choices available to consumers. ? The proposals include suggestions based on a series of industry fora the Commission held in July 1999 to explore the extent to which regulations in Part 68, other than our disability access rules, may no longer be necessary as federal rules.