FCC -99-405A1 Document this is not
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A.
Inside Wiring Quality Standard
1.
We adopt
material standards for copper, twisted pair wire used in new, simple
inside wiring installations.
We introduce this standard into our regulations to identify a
"standard industry practice."
Our intention in this action is to encourage builders to
install quality inside wiring to ensure that consumers will continue
to have access to widely available communications services. This action will also
benefit consumers as carriers deploy broadband systems that are more
demanding on inside wiring than traditional voice telecommunications
services. For instance,
broadband transmission systems operate at higher power levels and
utilize a greater frequency range than traditional voice services,
placing additional demands on the inside wiring. Poor quality inside wiring
can substantially degrade the performance of these high-powered or
sensitive broadband technologies, and can cause problems in
telephone lines that are installed nearby. Thus, the use of adequate
quality inside wiring becomes even more important as broadband
technology becomes more widely deployed in residential and small
business installations.
As a result, this action will benefit consumers and small
businesses using legacy voice telecommunications services as well as
those seeking to access broadband services.
2.
We envision that
consumers may enforce this rule by prosecuting claims against
builders and contractors that have utilized inferior wiring in new
construction. For example, an aggrieved
consumer or building owner, beset by problems caused by poor quality
inside wire, may make a civil claim against a builder or contractor
for breach of implied warranty of merchantability or fitness for a
particular purpose. We
also anticipate that telecommunications wiring standards will be
adopted by building industry organizations, and reflected in local
building codes.
3.
As noted in the
1997 Rulemaking, BICSI
has filed a petition requesting that we amend section 68.213(c) to
require that inside wiring "[c]onductors shall be solid, 24 gauge or
larger, twisted copper pairs [marked to indicate compliance with]
the electrical specifications for Category 3 or higher as defined in
the ANSI/EIA/TIA Building Wiring Standards." In the 1997 Rulemaking, the
Commission sought comment on BICSI's proposed inside wiring quality
standard. In addition,
the Commission sought comment describing how the use of poor quality
wiring in one building might affect service in other buildings and
asked whether BICSI's proposed copper only requirement is overly
restrictive. The
Commission proposed adopting the BICSI petition as a two-year
interim standard, so that during the tenure of the interim standard
the industry could work together to develop a voluntary inside
wiring standard, and sought comment identifying the appropriate
industry body or bodies to develop that voluntary industry
standard. Finally, the
Commission requested comment describing the most appropriate wire
markings and marking intervals.
4.
Commenters
responding to the Commission's inquiries agree that poor-quality,
non-twisted pair inside wiring can cause network harm in the form of
"cross-talk," resulting
in a loss of privacy, interference with digital transmission, and
disruption of telephone conversations. Commenters state that
cross‑talk is likely to occur in homes and small businesses
utilizing simple inside wiring configurations in which poor quality
wires serving multiple telephones are bundled together. Commenters contend that the
use of poor quality inside wiring in new installations is growing,
creating a nationwide cross‑talk problem. Commenters also state that
cross‑talk caused by poor quality building wire can affect telephone
service in other buildings and that third-party and network harm
could occur between adjacent buildings as well as among parties in
the same structure.
5.
Commenters state
that the presence of inferior wiring may not be immediately apparent
to homeowners and homebuyers, since the potential for future
problems may be difficult to detect. Symptoms such as cross-talk
may not emerge until additional telephone lines or new services are
added to the premises wiring.
Commenters note that these additions may not be made for a
substantial amount of time after installation of the original,
sub-standard inside wiring. Commenters also state that
once a problem is discovered, homeowners often must rewire the
affected premises to rectify the problem, at a cost substantially higher than
the cost of initially installing wire comporting with BICSI's
proposed standards.
6.
Commenters and
petitioners explain that a primary cause of this troublesome
situation is that the simple inside wiring market does not function
correctly because homebuyers are shut out of the inside wire
selection process. They argue that building
contractors and developers generally select telecommunications wire
long before the homebuyer has entered the picture, and that this
situation allows builders to prioritize lower cost over quality when
purchasing wire to be used for simple inside wiring. Commenters further explain
that when homeowners become aware of the problem, such as when they
attempt to install an additional line or experience audible
cross‑talk, it is often too late to seek reparations from the
builder or contractor. Thus, commenters and
petitioners argue that since the "purchasing entity," in this case
the builder or contractor, is not held accountable for the problems
caused by its least-cost-based decision, market forces will not
protect the consumer's interest in quality inside wiring and that
the Commission must establish a wire quality standard to correct
this market malfunction.
7.
Commenters note
a number of additional factors that contribute to the problems
associated with poor-quality inside wiring. For example, commenters
state that a building's use and users generally change through a
building's "lifespan,"
and that it is not uncommon for a single-family home to be later
converted to a professional office or a multi-tenant
dwelling. Moreover, there has been an
exponential increase in the installation of additional lines to
accommodate Internet, fax, and voice traffic in residential and
mixed-use structures. These factors increase the
likelihood that inferior wiring will lead to communications problems
that can only be resolved by installing good-quality wire to replace
the poor quality wire used in the original construction. Arguing that in these
circumstances, it is all too often the homeowner who "foots the
bill" to correct the problems created by the building contractor's
poor choice of wire, commenters and petitioners claim
that these problems can be minimized, at least with respect to new
installations, if we adopt inside wiring quality standards
sufficient to protect basic telephony service.
8.
We agree with
commenters and petitioners that poor quality inside wiring can cause
cross-talk, disrupting basic telephone service and causing network
harm. We find that it
is in the public interest to adopt inside wiring quality standards
in order to protect consumers and the PSTN from such harm. We find that BICSI's
proposed inside wiring quality standard is a reasonable means by
which to accomplish this task.
We anticipate that consumers will benefit from the
establishment of an inside wire quality standard for new simple
wiring installations.
Thus, we amend section 68.213(c) of the Commission's rules to
adopt enhanced wire quality standards for simple inside wiring. Specifically, we require
that copper inside wiring installed 180 days after the date of this
Order’s publication in the Federal Register, shall be, at a minimum,
solid, 24 gauge or thicker, twisted pairs, marked to indicate
compliance with the electrical specifications for Category 3, as
defined in the ANSI/EIA/TIA Building Wiring Standards. Inside wiring material
exceeding the minimum requirements specified in section 68.213(c) as
amended by this Order may
be used and should be marked to indicate those
characteristics
9.
In the 1997 Rulemaking, the
Commission asked if the BICSI proposal is overly restrictive because
it would require that only copper wire may be used. In response, commenters
attest that the BICSI proposal, including the copper-only standard,
is not overly restrictive, as copper is the most commonly used
medium that suffers from cross‑talk problems. Commenters also agree that
they are not aware of current telephone wire or wire standards that
do not use or specify copper-conductor material, that the Commission's Part 68
inside wiring rules only address copper transmission medium, and
that cross-talk only seems to be an issue with copper wire
installations. In addition, commenters predict
that copper conductor will remain the norm for telecommunications
wiring for some time to come.
Finally, commenters note that the Commission's flexibility to
modify its rules in response to future wire technology developments
mitigates against the likelihood that a copper conductor requirement
is overly restrictive.
10.
We note that the
inside wiring requirements that we adopt in this Order apply only to copper
conductor specifically installed for use as simple inside wiring for
telecommunications service.
We define the scope of this regulation specifically to avoid
precluding the development and use of other transmission media that
may be able to function in place of twisted pair copper inside
wiring. We strongly
support the development and utilization of alternative customer
premises transmission media, such as optical fiber, coaxial cable,
electrical cabling, and wireless technology. Our intention in this action
is purely to establish a minimum quality standard for what is, at
present, the least costly, practically functional option that
provides consumers with unrestricted ability to utilize basic
telephony and other widely available communications devices.
11.
Thus, we adopt
these inside wiring requirements to protect consumers from the
degradation of basic telephony service that can be caused by the
installation of substandard wiring. We believe that this action
is a necessary response to a demonstrated problem in the market as
it now operates. We
stress, however, that we intend these inside wiring requirements to
be a minimum standard.
We believe it is preferable for private industry to undertake
self-regulation in this area.
Industry organizations are, in all likelihood, capable of
developing and maintaining customer premises transmission media
standards that reflect ongoing technological advances. We observe that industry
organizations, such as the Building Officials Code Administrators
(BOCA), the International Conference of Building Officials (ICBO),
and the Southern Building Code Congress International (SBCCI),
continually update and publish model building codes, and that local
building codes often reflect the content of these private industry
publications. Government-authorized inspectors
enforce these local building codes. We believe that consumers
will most benefit if standards for customer premises transmission
media are similarly developed by industry organizations working in
conjunction with the telecommunications industry and other
interested parties, and if these standards are adopted and enforced
on a local level, through existing mechanisms such as building code
requirements and inspections.
The advantage of industry self-regulation is that emerging
technological developments in transmission media can quickly be
incorporated into the applicable code, in response to consumer
desire for such technology.
12.
We specifically
recognize the International Code Council's (ICC) current effort to
create a comprehensive and coordinated international building
code. We understand that the ICC is now
developing a single international code for one- and two-family
residential construction.
We encourage the ICC, and similar organizations, to assume
responsibility for further elaboration of the inside wire quality
standards we adopt in this Order, and incorporate these
standards into future code development activities. We also hope that the ICC or
a similar organization will become the primary public forum for the
establishment of material, installation, and performance
requirements for customer premises transmission media. We intend that the inside
wiring quality standards that we adopt in this Order will serve as a basis
and guideline for such private sector efforts.
13.
We also
emphasize that because the inside wiring quality standards we adopt
in this Order are minimum
standards, they do not imply that inferior materials may be used
instead of copper.
Although the use of inferior, non-copper customer premises
transmission media may not be explicitly precluded by these rules,
we note that, pursuant to section 68.108, a carrier need not
connect, or remain connected, to inside wiring that the carrier
reasonably suspects will cause harm to the PSTN. Under section 68.108 of our rules,
carriers are afforded certain self-help privileges enabling them to
take necessary actions to protect the PSTN, such as temporarily
disconnecting or refusing to connect inside wiring or CPE that is
likely to cause harm to the PSTN.
Carriers seeking to utilize those self-help privileges must
notify the customer of their intended action, give the customer an
opportunity to correct problems, and inform the customer of his
right to complain to the Commission should the carrier act
improperly. We emphasize that for the
purposes of section 68.108, a carrier may reasonably determine that
inside wiring not conforming with the inside wiring quality
requirements set forth in this Order, and installed after
these rules go into effect, is a potential source of harm to the
PSTN.
In such cases, the carrier
should notify the customer that the inside wiring does not comply
with our rules. The
customer will then have the opportunity to seek redress from the
party that installed the wire or, alternatively, to assume the risk
of connecting to the PSTN.
We expect, however, that before the new rule is effective,
carriers will notify homebuilders, homebuyers, building code
organizations, and other interested parties of the overall
importance of installing inside wiring that meets or exceeds the
enhanced standards we now require. Furthermore, we anticipate
that the new inside wiring standard will be recognized in consumer
complaints or claims against homebuilders, contractors, or other
parties that may, for example, be liable under breach of implied
warranty of merchantability or fitness for a particular
purpose.
14.
Finally, we
intend that this regulation will benefit consumers by ensuring that
their interests are protected before they encounter problems caused
by poor inside wiring.
We seek to ensure that consumers will not be frustrated with
barriers to service or other concerns. Consequently, carriers must
fully comply with the connection requirements of 68.104 and the
consumer protection provisions of section 68.108, and are subject to
the filing of consumer complaints pursuant to section
68.400.
15.
In the 1997 Rulemaking, the
Commission proposed adopting inside wire quality standards as a
two-year interim rule.
The Commission also proposed that while the two-year interim
rule is in effect, the industry should "work together to solve the
problems caused by poor quality inside wiring." In addition, the Commission
requested comment identifying "what industry body . . . should be
the entity through which members work to develop a permanent
standard" The vast majority of
commenters responded by urging the Commission to adopt the BICSI
proposal as a permanent rule, arguing that "an interim standard will
not have the same impact on builders and electrical
contractors"and that an
interim rule may be undermined by the perception that it is "merely
precatory." Commenters also note that an
interim rule followed by a voluntary industry standard would not
improve upon the current situation, since a voluntary standard
currently exists, but, despite an "explicit educational push" by
telephone companies,the
industry has so far been unsuccessful in promoting
compliance.
16.
We agree with
commenters that the inside wire quality standard should be adopted
as a permanent standard.
In the 1997
Rulemaking, we requested that commenters identify the
appropriate body through which the industry may work to develop a
voluntary standard.The
record indicates that the TIA TR 41 Committee for User Premises
Equipment Requirements (TIA UPED), specifically the TIA TR 41.8
Subcommittee is a suitable industry forum and an appropriate body to
develop a permanent standard, as it represents a diversity of
industry viewpoints.
The TIA UPED engineering committee, telecommunications
industry representatives, and other telecommunications industry
standards organizations developed ANSI/EIA/TIA-570-91, entitled
"Residential and Light Commercial Telecommunications Wiring
Standard," the standard proposed by BICSI for adoption as the
Commission's inside wiring quality standard.
The record indicates that BICSI's proposal represents a
voluntary, industry consensus standard, and should be adopted as a
permanent standard.
Thus, we find that BICSI's proposal represents industry
consensus on the proper standards for inside wiring
quality.
17.
In the 1997 Rulemaking, the
Commission requested comment on its proposal that wire meeting the
standards proposed by BICSI be marked at specific intervals to
ensure that the markings are visible when the wiring is
installed. The
Commission expressed its belief that clear labeling would help the
public detect and avoid problematic and poor quality inside
wiring.
18.
In response,
commenters agree that inside wiring should be marked for performance
and quality at specific intervals in order to enable easy
identification of conforming wiring, even where only a small amount
of wiring is exposed. Commenters, however, are
divided in support of marking the wire at one-foot intervals or
two-foot intervals.
Commenters supporting a one-foot marking interval argue that
it is important that service providers are able to easily determine
the type and quality of inside wiring, and only a small amount of
wire is available for visual inspection at wall jacks. These commenters explain
that there often is less than two feet of wire available to the
technician at a connection point.
In these situations, wire markings at two foot intervals
could be hidden within building walls.
Other commenters, however, recommend marking the wire at
two-foot intervals, reasoning that industry practice is to mark
electrical cables with NEC's fire rating every two feet.We establish that wire must be
marked for compliance with the Commission's inside wiring quality
standard at one-foot
intervals, as described in section 68.213(c)(3) of our rules as
amended by this Third Report
and Order. We find
that this represents a practical approach, in light of the comments
of interested parties describing industry practice relating to the
installation of simple inside wiring.
19.
We note that
commenters indicate that they will cooperate in implementation of
the inside wire quality standard by educating homeowners and the
building industry about the requirements and importance of
conformity. Commenters suggest that interested
parties will lead an effort to educate communities and encourage
incorporation of the Commission's inside wiring quality standards
into local building codes.
Commenters also predict that the inclusion of inside wiring
quality standards into local building codes will facilitate
enforcement by causing simple inside wiring installations to be
subject to the same inspection and approval process as electrical
wiring.We agree that
such efforts will amplify the benefits of our amendment of section
68.213 in this Third Report
and Order and strongly encourage these and further efforts by
interested private parties.
20.
The new standard
will become effective 180 days from the date of publication of this
Third Report and Order in
the Federal Register.
This 180 day period should be sufficient time to permit
builders, wire manufacturers, and other interested parties to
manufacture and to obtain adequate inventory of category 3
wire.
A 180-day period also will
provide carriers with sufficient time to notify their customers of
this new requirement.
21.
We adopt these
standards with the intention that consumers will benefit from a
standard requiring the use of materials that an informed consumer
would probably select if given the opportunity. We expect that carriers will
utilize the 180-day period before this regulation becomes effective
to inform consumers, as well as builders and interested standards
organizations, of the meaning and impact of the enhanced inside
wiring standards that we adopt in this Order.
B.
Gold or Gold Equivalent Standard
22.
Section 68.500
of the Commission's rules specifies that the plug/jack interface
should be "hard gold to hard gold," and that any non-gold contact
material must be compatible with gold and provide equivalent
performance. In the 1997 Rulemaking, the Commission
amended section 68.500 of our rules to incorporate TIA's standard
for determining gold and gold equivalence for network interface
devices. In so doing,
the Commission acknowledged that the TIA standard meets the
requirements for determining when a material conforms to the gold or
gold equivalent standard.
The Commission also requested comment on whether gold or gold
equivalence is necessary in all cases and whether the standard
adopted in the 1997
Rulemaking should be an interim standard, effective for two
years until the industry adopts a permanent standard. We requested identification
of the industry body or bodies through which a permanent standard
should be developed.
23.
Commenters agree
that the gold or gold equivalent standard should be developed by a
body composed of representatives from all industry sectors, and that
the TIA TR-41 Committee is a suitable forum since its membership
represents a diversity of viewpoints from within the
industry. The same commenters agree that the
standard adopted in the 1997
Rulemaking represents industry consensus on the matter, and that
the standard would be undermined by identification as an interim
measure.Commenters do
not support rolling back the current standard, and indicate that the
public interest would not be served by doing so. The growing market presence
of communications equipment and technology, such as facsimiles,
modems, and ISDN, that have low tolerance for transmission anomalies
and interference, such as those caused by poor connectors, indicates
that the public interest will be served by supporting industry
initiatives that pursue improved telecommunications transmission
quality. Furthermore,
the current standard has been in place for more than a year and has
not been the subject of any criticism.
Consequently, we decline to further revise section 68.500
with respect to the gold or gold equivalent
standard.