§ 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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