[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR68.105]

[Page 367-368]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 68_CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
--Table of Contents
 
            Subpart B_Conditions on Use of Terminal Equipment
 
Sec. 68.105  Minimum point of entry (MPOE) and demarcation point.

    (a) Facilities at the demarcation point. Carrier-installed 
facilities at, or constituting, the demarcation point shall consist of 
wire or a jack conforming to the technical criteria published by the 
Administrative Council for Terminal Attachments.
    (b) Minimum point of entry. The ``minimum point of entry'' (MPOE) as 
used herein shall be either the closest practicable point to where the 
wiring crosses a property line or the closest practicable point to where 
the wiring enters a multiunit building or buildings. The reasonable and 
nondiscriminatory standard operating practices of the provider of 
wireline telecommunications services shall determine which shall apply. 
The provider of wireline telecommunications services is not precluded 
from establishing reasonable classifications of multiunit premises for 
purposes of determining which shall apply. Multiunit premises include, 
but are not limited to, residential, commercial, shopping center and 
campus situations.
    (c) Single unit installations. For single unit installations 
existing as of August 13, 1990, and installations installed after that 
date the demarcation point shall be a point within 30 cm (12 in) of the 
protector or, where there is no protector, within 30 cm (12 in) of where 
the telephone wire enters the customer's premises, or as close thereto 
as practicable.
    (d) Multiunit installations. (1) In multiunit premises existing as 
of August 13, 1990, the demarcation point shall be determined in 
accordance with the local carrier's reasonable and non-discriminatory 
standard operating practices. Provided, however, that where there are 
multiple demarcation points within the multiunit premises, a demarcation 
point for a customer shall not be further inside the customer's premises 
than a point twelve inches from where the wiring enters the customer's 
premises, or as close thereto as practicable.
    (2) In multiunit premises in which wiring is installed, including 
major additions or rearrangements of wiring existing prior to that date, 
the provider of wireline telecommunications may

[[Page 368]]

place the demarcation point at the minimum point of entry (MPOE). If the 
provider of wireline telecommunications services does not elect to 
establish a practice of placing the demarcation point at the minimum 
point of entry, the multiunit premises owner shall determine the 
location of the demarcation point or points. The multiunit premises 
owner shall determine whether there shall be a single demarcation point 
location for all customers or separate such locations for each customer. 
Provided, however, that where there are multiple demarcation points 
within the multiunit premises, a demarcation point for a customer shall 
not be further inside the customer's premises than a point 30 cm (12 in) 
from where the wiring enters the customer's premises, or as close 
thereto as practicable. At the time of installation, the provider of 
wireline telecommunications services shall fully inform the premises 
owner of its options and rights regarding the placement of the 
demarcation point or points and shall not attempt to unduly influence 
that decision for the purpose of obstructing competitive entry.
    (3) In any multiunit premises where the demarcation point is not 
already at the MPOE, the provider of wireline telecommunications 
services must comply with a request from the premises owner to relocate 
the demarcation point to the MPOE. The provider of wireline 
telecommunications services must negotiate terms in good faith and 
complete the negotiations within forty-five days from said request. 
Premises owners may file complaints with the Commission for resolution 
of allegations of bad faith bargaining by provider of wireline 
telecommunications services. See 47 U.S.C. 208; 47 CFR 1.720 through 
1.736 (1999).
    (4) The provider of wireline telecommunications services shall make 
available information on the location of the demarcation point within 
ten business days of a request from the premises owner. If the provider 
of wireline telecommunications services does not provide the information 
within that time, the premises owner may presume the demarcation point 
to be at the MPOE. Notwithstanding the provisions of Sec. 68.110(c) of 
this part, provider of wireline telecommunications services must make 
this information freely available to the requesting premises owner.
    (5) In multiunit premises with more than one customer, the premises 
owner may adopt a policy restricting a customer's access to wiring on 
the premises to only that wiring located in the customer's individual 
unit that serves only that particular customer.

[66 FR 7582, Jan. 24, 2001; 67 FR 60167, Sept. 25, 2002]