An Overview of the Responsible Party’s Responsibility Following Part 68 Privatization. Part 68 Background.
Pursuant to 47 C.F.R. Part 68, Oct. 1, 2001
Responsible Party’s1 (“RP”) must ensure terminal equipment2 connected to the public network complies and shall continue to comply with the applicable Part 68 rules and regulations and with the applicable ACTA-adopted technical criteria [§§ 68.7, 68.218(a)]
1See slide 47 CFR §68.3: Definitions
2Terminal Equipment: As used in Part 68, communications equipment located on customer premises at the end of a communications link, used to permit the stations involved to accomplish the provision of telecommunications or information services. [§68.3]
Supplier’s Declaration of Conformity is a procedure where the Responsible Party, as defined in §68.3, makes measurements or takes other necessary steps to ensure that the terminal equipment complies with the appropriate standards [§68.320 (a)]
3 If the RP does not have a functional and reliable website, the RP shall inform ACTA of such circumstances, and the ACTA shall make a copy available on its website.
Responsible Party:The party or parties responsible for the compliance of terminal equipment or protective circuitry intended for connection directly to the public switched telephone network with the applicable rules and regulations in this part and with the technical criteria published by the Administrative Council for Terminal Attachments. If a Telecommunications Certification Body certifies the terminal equipment, the responsible party is the holder of the certificate for that equipment. If the terminal equipment is the subject of a Supplier’s Declaration of Conformity, the responsible party shall be: (1) the manufacturer of the terminal equipment, or (2) the manufacturer of protective circuitry that is marketed for use with terminal equipment that is not to be connected directly to the network, or (3) if the equipment is imported, the importer, or (4) if the terminal equipment is assembled from individual component parts, the assembler. If the equipment is modified by any party not working under the authority of the responsible party, the party performing the modifications, if located within the U.S., or the importer, if the equipment is imported subsequent to the modifications, becomes the new responsible party. Retailers or original equipment manufacturers may enter into an agreement with the assembler or importer to assume the responsibilities to ensure compliance of the terminal equipment and to become the responsible party.