1 Introduction 

The ACTA was established pursuant to the FCC Report and Order in the 2000 Biennial Review of Part 68 of the Commission’s Rules and Regulations, CC Docket No. 99-216, FCC 00-400, adopted November 9, 2000 and released December 21, 2000 (“Order” or “R&O”). The Order directed the industry, through the co-sponsorship and support of ATIS and TIA to establish the ACTA as the balanced and open body that would assume the Commission’s Part 68 role for those items privatized in the Order (§68.602). 

In October 2017, the FCC released new rules (FCC-17-135) regarding Hearing Aid Compatibility (HAC) for wireline and wireless handsets. The Report & Order amends Part 68 to apply, for purposes of HAC compliance, the same testing, attestations of compliance, registration, labeling, and complaint handling requirements that currently apply to Customer Premises Equipment (CPE) that is directly connected to the public switched telephone network (PSTN) to advanced communications services (ACS) telephonic CPE such as Voice over Internet Protocol (VoIP) telephones. These rule amendments require “responsible parties” for ACS telephonic CPE to register such equipment in the ACTA terminal equipment database. 

2 Mission & Scope 

2.1 Mission of the ACTA 

The mission of the ACTA is to: (1) adopt technical criteria for terminal equipment (TE) to prevent network harm through the act of publishing such criteria developed by ANSIaccredited standards development organizations; and (2) establish and maintain database(s) of equipment approved as compliant with the technical criteria and HAC-compliant CPE used with Advanced Communications Services. The ACTA makes no substantive decisions regarding the content of such technical criteria. 

2.2 Scope of the Submission Guidelines 

This document outlines the guidelines and procedures relevant to maintaining a database(s) of terminal equipment and HAC-compliant ACS telephonic CPE approved as compliant to FCC Part 68 and ACTA-adopted technical criteria. These guidelines and procedures apply to information submitted by both Telecommunications Certification Bodies (TCBs) and suppliers utilizing a Supplier’s Declaration of Conformity (SDoC). 

Pursuant to §68.610(b), Responsible Parties, whether they obtain their approval from a TCB or utilize the SDoC process, shall submit to the ACTA Secretariat all information required by the ACTA. 

2.3 Notice of FCC Part 68 Compliance Requirement for Terminal Equipment 

Compliance with Part 68 and ACTA-adopted Technical Criteria is mandatory for the following: 

• Terminal equipment connected to the PSTN.

• Wireline facilities owned by wireline telecommunications providers and used to provide wireline subscriber services. 

• HAC-compliant ACS telephonic CPE such as VoIP telephones. 

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 about the compliance requirements for a particular device should be addressed to a TCB with Scope C certification (or other CAB). More information on finding Scope C certified testing bodies can be found on the ACTA and FCC websites. Questions about a specific technical requirement should be addressed to the standards development organization from which the technical requirement was submitted to the ACTA. 

2.4 Description of Terminal Equipment and HAC-Compliant ACS Telephonic CPE Subject to Submission to the ACTA Database 

This is an informative description of terminal equipment and HAC-compliant ACE telephonic CPE subject to submission to the ACTA Database provided to inform the public of the scope of devices subject to the ACTA’s adopted technical criteria and database and is not in any way intended to serve as a qualitative analysis of any device. The controlling document for determining the need for equipment compliance is the United States Code of Federal Regulations, Title 47, Part 68 (47 C.F.R. Part 68). 

TTE 

For ACTA Part 68 Database purposes, terminal equipment that requires formal Approvals testing for “do not harm” requirements and has provision and requirement for listing in the ACTA Part 68 Database is any communication equipment located on a customer’s premise at the end of a communications link as provided in 47 C.F.R. 68, used to permit the TE involved to accomplish the provision of telecommunication or information services including but not limited to: 

1. Single-line or Multi-line Telephones;

2. Modems (any device that is or contains an analog, digital or Ethernet modem used as an interface to the network);

3. Facsimile Machines;

4. 4. xDSL Modems (ex. ADSL, HDSL, VDSL & GDSL) ;

5. DSL Splitters & Filters;

6. Voltage Transient Protective devices;

7. Electronically Controlled Line Switches, Indicators and Devices;

8. Private Branch Exchanges (PBXs);

9. Key Telephone System (KTS) equipment;

10. Local Area Network (LAN) Gateways to the PSTN;

11. Caller Identification (CID) devices;

12. Music on hold devices;

13. Interactive Voice System (ACD or IVR);

14. CSUs;

15. Answering Machines; and

16. Any remote control or Utility Metering or Alarm System device that connects to the PSTN.

Accessibility 

On October 26, 2017, the FCC issued a Report and Order (R&O) and Order on Reconsideration (FCC 17-135) that impacts its Part 68 rules and the ACTA. The R&O amends the Part 68 rules to subject ACS telephonic CPE to the same HAC requirements that apply to other wireline telephones. Such obligations include compliance with TIA-4965-2012, Telecommunications Telephone Terminal Equipment Receive Volume Control Requirements for Digital and Analog Wireline Handset Terminals, as well as compliance with the inductive coupling rule in 47 C.F.R. Section 68.316. 

The R&O also amends Part 68 to apply, for purposes of HAC compliance, the same testing, attestations of compliance, registration, labeling, and complaint handling requirements that currently apply to CPE that is directly connected to the public switched telephone network (PSTN) to ACS telephonic CPE. These rule amendments require “responsible parties” for ACS telephonic CPE to: (1) have the equipment tested for HAC compliance, with certification of such compliance by a Telecommunication Certification Body (TCB) or, in the alternative, by a Supplier’s Declarations of Conformity; (2) register such equipment in the ACTA terminal equipment database; and (3) provide appropriate labels and other information to consumers regarding HAC compliance (see 47 C.F.R. Section 68.300). 

Other Items 

The following items do not require formal approval or listing in the ACTA Part 68 Database and no provision has been made for listing such items in the ACTA Part 68 Database: 

1. Electronically transparent adapters and extension cords;

2. Cross connect panels;

3. Manually operated line switches; and

4. Professionally used diagnostic instrumentation that is disconnected from the network when unattended.

5 Supplier's Declaration of Conformity Filings 

5.1 Definition 

A SDoC is a procedure where the responsible party takes steps necessary to ensure that the terminal equipment and HAC-compliant ACS telephonic CPE complies with FCC 47 C.F.R. Part 68 and ACTA-adopted technical criteria. 

5.2 SDoC Content 

As specified in §68.324, the SDoC must, at a minimum, include the following information: 

1) The identification and description of: (a) the responsible party for the SDoC; and (b) the product; including the model number of the product. 

2) Statements are required to include a statement that terminal equipment or HACcompliant ACS telephonic CPE conforms to (1) each specific ACTA-adopted technical criteria document, including addendums, that has reached its mandatory compliance date at the time of the approval of the TTE, and (2) the requirements found in FCC 47 C.F.R. Part 68. Technical criteria that have been adopted by the ACTA and have reached their effective date may be included on the SDoC at the discretion of the Supplier as they are able to certify compliance to those technical criteria. 

3) Date and place of issue of the declaration. 

4) Signature, name, and function of person making declaration. 

5) A statement that the product, if it incorporates a handset, does or does not comply with §68.316 of the FCC Rules defining HAC terminal equipment. 

6) For a telephone that is not HAC, as defined in §68.316, the Responsible Party shall provide the following in the SDoC: (a) notice that FCC rules prohibit the use of that handset in certain locations; and (b) a list of such locations (see §68.112). 

NOTE: Equipment designed to operate in conjunction with other equipment, the characteristics of which can affect compliance of such device with Part 68, and/or ACTA-adopted technical criteria, then the Model Number(s) of such equipment shall be supplied, and such other equipment must also include an SDoC or TCB grant of certification. 

5.3 Filing Utilizing SDoCs 

Responsible Parties utilizing an SDoC must provide the following information for all filings to the ACTA: 

1) Fee: Refer to “General Filing Guidelines” and “SDoC Posting on the ACTA Website.” 

2) Copy of SDoC: An SDoC must contain the statements and information as specified in §68.324; including an explicit reference to the ACTA-adopted technical criteria. Also refer to Section 6.3, FCC Issued Waivers, if applicable. Refer to Appendix D, Example Language for an SDoC. SDoCs must be provided in a format accessible to persons with disabilities. 

3) Product Information: All relevant information specified in Appendix A: Terminal Equipment/HAC-Compliant ACS Telephonic CPE Details must be submitted. The amount of information provided will depend on the type of filing (e.g., Original, Re-certification, Modification). 

4) Indemnification and Liability Statement: For all filing types submitted to the ACTA Secretariat for inclusion in the database of Part 68 products, a statement must be provided with each filing. Refer to Appendix B, Indemnification and Liability Statement. Also refer to Section 6.1, Indemnification and Liability Statements. 

5) List of Authorized Submitters: Unless previously submitted and on file, a list of personnel, or external companies (e.g., independent laboratories) authorized to file on behalf of the Responsible Party must be provided. Information must be provided on company letterhead and include Company Name, Address, Phone Number, and Name, and E-mail address for each individual listed. Additionally, at least one (maximum of three) individual(s) must be identified as a “Primary Contact.” Primary Contact(s) will be copied on all confirmation notices issued by the ACTA Secretariat, and serve as the company representative(s) for ACTA issues. 

The ACTA Secretariat will issue confirmation notices via E-mail to the Authorized Submitter and/or Responsible Party typically within 7-10 calendar days for Filings sent to the Secretariat. Contact the ACTA Secretariat if an E-mail is not received. An alternative method (e.g., regular mail) is available on request. Incomplete or incorrect submissions will not be entered into the database until completed and/or corrected. 

5.4 SDoC Posting on the ACTA Website 

Parties informing the ACTA (pursuant to §68.324 (e)(3)) that a copy of the SDoC is not available to the general public, and accessible to the disabled community on a functional and reliable website that it maintains, are charged an additional fee to make the SDoC publicly available on the ACTA website. This fee is in addition to the fee for recording, updating, and maintaining information/content in the ACTA Database.

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