PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. , D.C. 20554

News Media Information (202) 418-0500. Fax on Demand 202/418-2830 Internet: http:/www.fcc.gov FTP site: ftp.fee.gov

DA 98-2639

Released: December 30, 1998

NORTHERN TELECOM FILES PETITION FOR WAIVER, PUBLIC COMMENT INVITED

File No.: NSD-L-98-144

On December 9, 1998, Northern Telecom Inc. ('' Networks") filed a Petition for Waiver of section 68.308(e)(l) of the Commission's rules (Petition) so that it may register its Elite modem under Part 68.200 of the Commission's rules.1 The Commission seeks comment on this Petition for Waiver.

Part 68 of the Commission's rules protect the public switched telecommunications network (PSTN) by defining technical requirements for the connection of customer premises equipment (CPE) to the telephone network. The potential harms addressed by Part 68 include electrical hazards to telephone company personnel and equipment, the degradation of telecommunications services to third parties, and malfunctioning of billing equipment. CPE must be registered in accordance with Part 68 of the Commissions' rules before importation to the United States or connection to the PSTN.2

1 See 47 C.F.R. § 68.200. 2 47 C.F.R. § 68. 200. The Part 68 registration program requires the testing of telecommunications terminal equipment for compliance with Part 68 of the Commission's rules. The manufacturer or a competent test laboratory may perform testing. Applicants must submit proof of compliance, in the form of application forms, test procedures, and test results, to the Commission for approval and a grant of registration. See Form 730 Application Guide, Registration of Telephone and Data Terminal Equipment, Approved by OMB 3060-0056, Exp. 3/31/2000, FCC, Rev C-276, Nov. 1997, and see 19 U.S.C. § 3101 "Telecommunications Trade Act of 1988" Pub. L. 100-418, Title I§ 1372, Aug. 23, 1988, 102 Stat. 1216.

832 Nortel Networks describes the Elite modem as customer premises terminal equipment (CPE) for use with EtherLoop-based systems that can adapt to a changing transmission and crosstalk environment. Nortel Networks indicates that through the Elite modem, telecommunications service providers may offer high-speed advanced services through the unbundled copper loop, without disrupting other services provided though adjacent facilities. Nortel Networks claims that the Elite modem offers up to 4 megabits per second [Mbps] data transmission capability in both upstream and downstream modes, concurrent with voice telephone service, over the copper loop. Nortel Networks asserts that future versions of the Elite modem will be capable of transmission rates up to I 0 Mbps.

Nortel Networks states that the Elite modem does not comply with section 68.308(e)(l) of the Commission's rules, and seeks a waiver excepting it from that provision. Nortel Networks asserts that the Commission should grant section 68.308(e)(l) waivers permitting registration of products that will not harm the PS1N through crosstalk or interference with other services. Specifically, Nortel Networks contends that a demonstration of spectral compatibility with applicable industry standards is an appropriate means for assuring that equipment that does not comply with section 68.308(e)(l) will not otherwise harm the PS1N or cause crosstalk.

Nortel Network notes that two methodologies for addressing crosstalk between high­ speed systems have been proposed in Subcommittee TIEI .3 Nortel Networks claims that both proposals address spectral compatibility and recognize that PSD and the extent of crosstalk coupling within or among adjacent binders determines the potential for mutual impairment among coexisting systems. Nortel Networks claims that under each of these methodologies, the Elite modem demonstrates a high degree of spectral compatibility with other systems.

Nortel Networks requests that the Commission promptly grant its Petition for Waiver of section 68.308(e)(l) for the Elite modem. Nortel Networks bases its request on the Elite modem's purported spectral compatibility with approved industry standards and objectives for crosstalk prevention and minimization of the impairment risk to other services in the same or adjacent binder groups. Nortel Networks claims that granting its request serves the public interest by facilitating the deployment of new technology and advanced telecommunications capability to the consumer market without impairing the PSTN or other telecommunications services. Nortel Networks includes with its Petition for Waiver technical data purporting to demonstrate the veracity of these claims.

The Commission seeks comment on Nortel Networks' Petition for Waiver. In particular, the Commission seeks comment on the possibility that grant of this waiver will result in a substantial risk of harm to the PS1N or its users, and describing the particular types of harm that may arise. The Commission requests that commenters submit empirical data supporting their arguments in favor of or against grant of this Petition for Waiver. The Commission also seeks comment identifying the public interest considerations raised by this Petition.

3 T1El.4/98-030Rl, "Power Spectral Density (PSD) Masks for Spectral Compatibility," Bellcore and US West, Sept. 2, 1998. TIEl.4/98-305, "Normative Text for Spectral Compatibility Evaluations (Revised)," PairGain Technologies, Aug. 31, 1998.

833 Comments on the Petition for Waiver must be filed with the Commission by January 28, 1999 and reply comments by February 12, 1999. Ex parte presentations in this proceeding will be governed by the procedures set forth in Section 1.1206 of the Commission's rules for permit-but-disclose proceedings. Interested parties should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. In addition, parties should send two paper copies, and one on diskette, to Al McCloud, Network Services Division, Common Carrier Bureau, FCC, Suite 235, 2000 M Street, N.W., Washington, D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington, D.C. 20036.

Diskettes sent to the Network Service Division must be on a standard 3 Yz inch diskette, in an IBM-compatible format, readable by high-density floppy drives operating under MS DOS 5.X or later compatible versions, and must be in WordPerfect MS Windows version 5.1, WordPerfect MS DOS version 5.1, or ASCII text. Diskettes must be submitted in "read only" mode, and must be clearly labeled with the commenter's name, the filing date, and a description of the diskette's contents. Comments and reply comments will be available for public inspection and copying during regular business hours in the Commission's Public Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. 20554. Copies of comments and reply comments will also be available from ITS, at 1231 20th Street, N.W., Washington, D.C. 20036, or by calling (202) 857-3800, TTY: (202) 293-8810.

FOR FURTHER INFORMATION CONTACT: Vincent M. Paladini at (202) 418-2320. Network Services Division, Common Carrier Bureau, Federal Communications Commission, 2000 M Street, NW, Suite 235, Washington, D.C. 20054. Fax: (202) 418-2345. TTY: (202) 418-0484.

834