§ 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]

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