§  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 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
   §  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]

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