Telecommunications Industry Association TR41.9 -08-05-015-L Project Number Document Title ACTA Report to SDO TR41.9 – Portland John Bipes, ACTA OIP-Primary and ACTA SDO Representative to TR41.9 Source Contact Distribution Intended Purpose of Document (Select one) John Bipes, ACTA OIP-Primary MOBILE ENGINEERING 906 Adams St. Mankato, MN 56001 U.S.A. Phone: 507-345-7169 Fax: 507-345-8626 Email: mobeng@hickorytech.net TR-41.9 X For Information The document to which this cover statement is attached is submitted to a Formulating Group or sub-element thereof of the Telecommunications Industry Association (TIA) in accordance with the provisions of Sections 6.4.1–6.4.6 inclusive of the TIA Engineering Manual dated March 2005, all of which provisions are hereby incorporated by reference. Abstract ACTA activities since the last meeting of TR41.9 – ACTA Representative to SDO. Report on ACTA’s 6th March, 2008 Face-to-Face meeting and subsequent ACTA activities. v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L Administrative Council for Terminal Attachments ACTA Public Meeting(s): Recent Meeting: 6th March, 2008 (Face-to-Face Meeting) At the March meeting of the ACTA: It was queried if the TIA-168-B, replacing TIA-TSB-168-A, would be forwarded to the ACTA. On 6th March it was not known where the document was in the TIA publishing process. (In late April TR41.9 chair Phil Havens and ACTA SDO Liaison John Bipes corresponded via e-mail on the same subject. John recommended Phil to check with Stephanie Montgomery, TIA, to see what the document hold-up was. No word has been received by John Bipes as of 5 th May, 2008.) A big issue before the ACTA in March was the meeting with FCC, which happened a week after the March ACTA meeting. (Details later on in this report.) ACTA-08-005, Connector Attestation (Trone Bishop) http://www.part68.org/documents/meetingrec/08-02-06/ACTA-08-005.doc NOTE: The ACTA’s adoption of ANSI/TIA-1096, ACTA-08-003, Point-of-Sale Observation – 19 th February, 2008 (John Bipes) http://www.part68.org/documents/meetingrec/08-0206/Report%20to%20the%20ACTA%20on%20SDO%20TIA%20TR41.pdf (See the reference in the ACTA’s presentation to the FCC on this enforcement issue later on in this report.) ACTA-08-006, Observations of Industry Canada (Claude Beaudoin). http://www.part68.org/documents/meetingrec/08-02-06/ACTA-08-006.pdf Also, another big issue in March; the ACTA’s announcing the Filing Fee increase, effective 1st May, 2008. PUBLIC NOTICE No.: PN08-01 v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L Adjustments to ACTA’s Filing Fees March 14, 2007 Effective May 1st, 2008 the Administrative Council for Terminal Attachment (ACTA) will adjust its fee for processing Telephone Terminal Equipment (TTE) information submitted for inclusion in the centralized database of Part 68 equipment to $425.00 per submission. The adjusted fee applies to submission of Original, Modifications, Notice of Change, Re-certification/re-declarations, and Request for Responsible Party Codes. Additionally, the fee for processing, posting, and maintaining a Responsible Party’s Supplier’s Declaration of Conformity (SDoC) on the ACTA website will be adjusted to be $425.00 (per submission) to parties issuing notice to post its SDoC. As a result of the above adjustments, the Guidelines and Procedures for submittal of information for inclusion in the ACTA database of approved Telephone Terminal Equipment ("TTE"), Revision 3.0, December 2006 will be revised to reflect this change. Telephone Terminal Equipment (TTE) approved for connection to the PSTN must comply with all applicable rules and regulations of FCC Part 68, and with the applicable technical criteria adopted by ACTA. Parties responsible for TTE, whether they obtain their approval from a Telecommunications Certification Body (TCB) or utilize the Supplier’s Declaration of Conformity (SDoC) process, must submit to the ACTA database administrator all information required by ACTA for inclusion in the centralized database of approved Part 68 products. Compliance with Part 68 and ACTA Adopted Technical Criteria is mandatory for terminal equipment (TE) connected to the Public Switched Telephone Network (PSTN) or wireline facilities owned by wireline telecommunications providers and used to provide wireline subscriber services. Penalties for failure to comply with the requirement fall under US federal jurisdiction. Penalties can be found in 47 U.S.C. Section 503. Questions and comments about this notice should be submitted to the ACTA Secretariat via E-mail at acta@atis.org, or by phone at +1.202.628.6380. Reports on the ACTA/FCC meeting, 13th March: Marlene H. Dortch, Secretary Federal Communications Commission Office of the Secretary th 445 12 Street, S.W. Washington, D.C. 20554 v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L Re: WT Docket No. 99-216 Ex Parte Presentation Dear Ms. Dortch: On March 13, 2008, representatives from the Administrative Council for Terminal Attachments (ACTA) met with representatives of the Federal Communications Commissions’ Wireline Competition Bureau and Enforcement Bureau. The purpose of the meeting was to discuss Part 68 compliance concerns, to discuss opportunities for enhanced Part 68 enforcement by the FCC and to make the FCC aware of recent changes to the ACTA Operating Principles and Procedures. The individuals representing the FCC’s Wireline Competition Bureau’s Industry Analysis Technology Division at the meeting included: Rodger Woock, Division Chief; Cathy Zima, Deputy Division Chief; Kirk Burgee, Chief of Staff; John Vu, Electronic Engineer; Michael Goldstein, Senior Engineer; and Darryl Cooper, Attorney. The individuals representing the FCC’s Enforcement Bureau’s Spectrum Enforcement Division at the meeting included: Kathryn Berthot, Division Chief; Ricardo Durham, Deputy Division Chief; and Neal McNeil, Senior Electronics Engineer. The individuals representing ACTA at this meeting were: Jim Haynes, ACTA Chair and Vice President, Engineering and Regulatory Affairs, Uniden; Patrick Donovan, Director, Government Affairs, Telecommunications Industry Association (TIA); Jean Paul Emard, Director, ATIS; Paul Anderson, ACTA Administrator; Thomas Goode, General Counsel, ATIS; and Deirdre Cheek, Attorney, ATIS. The discussion at the meeting was consistent with the presentations that are enclosed with this letter. Pursuant to Section 1.1206(b) (2) of the Commission’s rules, one copy of this letter is being filed electronically for inclusion in the public record of the above-referenced proceeding. Sincerely, Thomas Goode General Counsel Attachment (MS PowerPoint© presentation to the Commission which follows.) v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L Administrative Council for Terminal Attachments (ACTA) March 13, 2008 •Background: Mission and Structure of ACTA Sponsorship •Changes to the ACTA Operating Principles and Procedures •ACTA Meetings •Part 68 Compliance Concerns: ACTA Actions to Promote Compliance, Request for Enhanced FCC Enforcement v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L ACTA: Mission and Structure •ACTA is an open organization that: (1) adopts technical criteria for terminal equipment to prevent network harm (as defined in Section 68.3 of the FCC’s Rules) through the act of publishing such criteria developed by the American National Standards Institute (ANSI) accredited standards development organizations; and (2) establishes and maintains a database of equipment approved as compliant with the technical criteria. •ACTA is jointly sponsored by the Alliance for Telecommunications Industry Solutions (ATIS) and the Telecommunications Industry Association (TIA). •ACTA has established Operating Principles and Procedures (OPP) that detail the mission and membership of ACTA, as well as the processes governing the operation of ACTA. v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L •Membership in ACTA is open to any organization, company or group having an interest in the business of ACTA. •The membership is represented by “Interest Segment Representatives, “who are elected by a majority of votes from their respective segment participants to serve two-year terms. •“Invited Observers” under the OPP include FCC, Industry Canada, and Commision Federal de Telecomunicaciones. •The sponsors (ATIS and TIA) ensure that the ACTA is populated in a manner consistent with the criteria established by ANSI for a balanced and open membership •On December 3, 2007, ACTA modified its Operating Principals and Procedures (OPP) to reduce the number of interest segments from six to four. Old OPP (v. 1.9) •Local Exchange Carriers (“LEC”) •Interexchange Carriers (“IXC”) •Terminal Equipment Manufacturers (“TEM”) •Network Equipment Manufacturers (“NEM”) v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L •Testing Laboratories (“LAB”) •Other Interested Parties (“OIP”) New OPP (v. 2.0) •Service Provider Segment (“SPS”) •Manufacturer Segment (“MS”) •Testing Laboratories Segment (“LAB”) •Other Interested Parties (“OIP”) •This change better reflects the current make up of the industry; ACTA membership remains balanced and open. •No one segment may dominate ACTA. ACTA Meetings •Representatives from the FCC are welcomed at all meetings, which occur four times annually; two face-to-face meetings in Washington, DC, and two virtual meetings. •The schedule of ACTA meetings is maintained on the Part 68 website (www.part68.org). •The next meeting of the ACTA (virtual meeting) will take place on June 12, 2008. v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L •Industry Canada typically attends ACTA meetings. •Greater FCC participation in ACTA meetings is desired. Compliance Concerns •While consumer telecommunications and enterprise equipment production has risen yearly by 5.3-6.0% since 2002,* ACTA has observed a significant decrease in filings over the past several years. •Several potential causes for this decrease have been suggested, including the failure of some parties to test equipment for compliance and register with ACTA under Part 68. •In May 2006, ACTA raised the issue of the sale of noncompliant customer premises equipment with the FCC. •A recent ACTA contribution notes the continued availability of devices not listed in the Part 68 database that could cause damage to the PSTN. •Industry Canada findings (submitted as a contribution to ACTA) detail three specific instances of non-compliance within Canada; the equipment at issue also may be available in the US. •There may also be confusion among some in the industry regarding the respective roles of ACTA and the FCC regarding equipment certification and compliance. *Source: TIA 2008 Telecommunications Market v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L Review and Forecast; Chapter 3 –Enterprise and Consumer Market. Compliance Concerns: ACTA Activity In support of its mission, the ACTA has and will continue to: •Inform the FCC of instances of non-compliance with the Part 68 rules of which ACTA becomes aware. •Work one-on-one with current database filers to ensure correct filings (via the auditing system) and counsel filers on their obligations. •Issue press releases/web-based notifications to all known interested parties of new technical criteria as they are promulgated. •Conduct programs (such as face-to-face seminars and Internet-based webinars) to educate current and future filers about Part 68 requirements and technical criteria. v1.0 – 20050426 Telecommunications Industry Association TR41.9 -08-05-015-L Compliance Concerns: Enforcement ACTA also requests the FCC to: •Enhance its enforcement of Part 68 requirements. •Issue industry alerts as enforcement actions are taken in order to make potential offenders aware of such actions. •Continue to cooperate with Industry Canada to ensure that manufacturers of noncompliant equipment are brought into compliance. v1.0 – 20050426 Telecommunications Industry Association TR41.N.n-YY-MM-XXX Questions or Comments? Please direct any inquires regarding ACTA to: Paul Anderson ACTA Administrator ATIS panderson@atis.org (202) 434-8654 Thomas Goode General Counsel ATIS tgoode@atis.org (202) 434-8830 Later, on 31st of March, the ACTA Secretariat Paul Anderson reported on the ACTA/FCC meeting, 13th March: “…It was very easy to discern the focus and interest displayed by each of the attendees from the Commission. The explanation of the reorganization was pretty well straightforward. Additionally, it is my belief that the invitation for future FCC involvement was well received, especially since we explained that Industry Canada was a regular participant and that most of our issues might interest its being present. It is my v1.0 – 20050426 Telecommunications Industry Association TR41.N.n-YY-MM-XXX understanding that FCC staff was not sure that they would be welcome, but hopefully we changed that mindset. As the Ex Parte mentions, the meeting went pretty well by the prepared handout. The samples of the telephones [], as well as other photos and drawings, were circulated to explain our dilemma with the non-compliant concerns. The lack of ACTA filings was brought to the table as well. My reaction is that FCC staff, especially the enforcement people at the table, was not aware of these issues. Hopefully, they now have a much broader understanding, plus the parallel of ACTA filings being down could be the result of importers not taking the Part 68 rules as serious as they should. All in all, the meeting lasted about an hour. In my opinion, it ended with a renewed spirit of cooperation from the FCC. There was a sense that some action on their part to pursue violations with a more aggressive enforcement program will be implemented, especially if ACTA continues to provide examples. Of course, time will tell, but I expect to see a Public Notice that highlights the need to have telephone devices tested for compliance to the rules and that they be submitted for posting to the ACTA database…” Present ACTA Leadership as of: Primary: Trone Bishop, Verizon Tel: 301-236-3754 Email: trone.t.bishop.jr@verizon.com Primary: Jimmy Salinas, AT&T Tel: 713-567-8095 Email: js5906@att.com Nominee: Amar Ray, Embarq Nominee: Ken Biholar, Alcatel-Lucent NOTE: Interim elections will be held during the next meeting of the ACTA on 12th June, 2008 to fill vacant positions. Individuals elected via interim elections will serve out the term during which they were elected. The remainder of the term they serve will not count against the two term maximum IS Reps may serve. Individuals who are elected during interim election procedures will be eligible for election for two terms after their interim term ends. Alternate: Vacant (B) Manufacturer Segment (“MS”) – four voting members (3 + alternate vacant) v1.0 – 20050426 Telecommunications Industry Association TR41.N.n-YY-MM-XXX Primary: Roger Hunt, ATLINKS Tel: 317-587-3095 E-mail: huntr@atlinks.com Primary: Vacant Alternate: Vacant (C) Testing Laboratories Segment (“LAB”) – two voting members (full) Primary: Mr. Scott Lambert, Intertek Testing Services NA Inc. Tel: Email: scott.lambert@intertek.com Primary: Sharon Hoffman, Timco Engineering, INC. Tel: 352-472-5500 Email: shoffman@timcoengr.com Alternate: Christopher Brearley, Curtis-Straus, LLC Tel: Email: christopher.brearley@us.bureauveritas.com (D) Other Interested Parties Segment (e.g., consumer groups and associations representing individuals with disabilities) (“OIP”) – two voting members (full). Primary: Mr. Milton Bush, The M Companies Tel: 703-533-9539 Email: themcos@aol.com Primary: Mr. John Bipes, Mobile Engineering Tel: 507-345-7169 Email: mobeng@hickorytech.net Alternate: Vacant ATIS Liaison to the ACTA: Jean-Paul Emard JPEmard@atis.org 202-434-8824 ACTA Manager for Database Maintenance and Support: Mark Cassarino Mark Cassarino <mcassarino@atis.org> ACTA Secretariat: Paul Anderson panderson@atis.org 202-662-8654 ACTA Online Filing Administrator: Meisha Goodhue mgoodhue@atis.org 202-434-8859 v1.0 – 20050426 Telecommunications Industry Association TR41.N.n-YY-MM-XXX The next General Meeting for the ACTA is: Thursday, 12th June, 2008: Virtual Meeting. We encourage any/all to dial in and join the teleconference! The remaining 2008 Meeting Schedule of the ACTA is: 12th June – Virtual September – Face-to-Face (Perhaps in combination w. an ACTA Educational Seminar w. the release of TSB31-C and TIA968-B) 4th 11th December – Virtual General Meetings of the Council are open to the public. Contributions to the meetings may be made by any person or organization by the procedure described in the ACTA Operating Principles and Procedures. Contributions should be submitted through the Contribution Template available for download at the ACTA website and transmitted by electronic mail to the ACTA Secretariat at acta@atis.org. Unless otherwise announced, Face-to-Face meetings take place at the ATIS Conference Center in Washington, DC, but will be simultaneously hosted by virtual meeting. Those wishing to attend these meetings in-person are asked to RSVP to the ACTA Secretariat prior to the meeting date. Information on in-person meeting attendance can be found on the ATIS website at http://www.atis.org/directions.shtml. Information for attending the virtual meetings will be announced prior to each meeting date by the ACTA email exploder lists. Questions and comments about this notice should be submitted to the ACTA Secretariat via email at acta@atis.org, or by phone at +1.202.628.6380. v1.0 – 20050426