Current through October 31, 2024
Section 68.211 - Terminal equipment approval revocation procedures(a)Causes for revocation. The Commission may revoke the interconnection authorization of terminal equipment, whether that authorization was acquired through certification by a Telecommunications Certification Body or through the Supplier's Declaration of Conformity process in §§ 68.320 through 68.350 of this part, where: (1) The equipment approval is shown to have been obtained by misrepresentation;(2) The approved equipment is shown to cause harms to the public switched telephone network, as defined in § 68.3 ;(3) The responsible party willfully or repeatedly fails to comply with the terms and conditions of its equipment approval; or(4) The responsible party willfully or repeatedly fails to comply with any rule, regulation or order issued by the Commission under the Communications Act of 1934 relating to terminal equipment.(b)Notice of intent to revoke interconnection authority. Before revoking interconnection authority under the provisions of this section, the Commission, or the Enforcement Bureau under delegated authority, will issue a written Notice of Intent to Revoke Part 68 Interconnection Authority, or a Joint Notice of Apparent Liability for Forfeiture and Notice of Intent to Revoke Part 68 Interconnection Authority pursuant to §§ 1.80 and 1.89 of this chapter.(c)Delivery. The notice will be sent via certified mail to the responsible party for the terminal equipment at issue at the address provided to the Administrative Council for Terminal Attachments.(d)Reauthorization. A product that has had its approval revoked may not be authorized for connection to the public switched telephone network for a period of six months from the date of revocation of the approval.(e)Reconsideration or appeal. A responsible party of terminal equipment that has had its authorization revoked and/or that has been assessed a forfeiture may request reconsideration or make administrative appeal of the decision pursuant to part 1 of the Commission's rules: Practice and Procedure, part 1 of this chapter. 66 FR 7583 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002; 68 FR 13850 , Mar. 21, 2003