[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Notices]
[Page 10110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4376]
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DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Implementation of The Communications Assistance for Law
Enforcement Act
AGENCY: Federal Bureau of Investigation, Justice.
ACTION: Notice.
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SUMMARY: The Federal Bureau of Investigation (FBI) is providing notice
of initial steps being taken to implement, on behalf of the Attorney
General, certain provisions in the Communications Assistance for Law
Enforcement Act.
FOR FURTHER INFORMATION CONTACT:
Telecommunications Industry Liaison Unit, (TILU), FBI, 1-800-551-0336.
SUPPLEMENTARY INFORMATION: On October 25, 1994, the President signed
into law the Communications Assistance for Law Enforcement Act (Pub. L.
103-414) (the Act). This law requires telecommunications carriers, as
defined in the Act, to ensure law enforcement's ability, pursuant to
court order or other lawful authorization, to intercept communications
notwithstanding advanced telecommunications technologies.
Under the Act, certain implementation responsibilities are
conferred upon the Attorney General. The Attorney General has, pursuant
to an Attorney General Order, as codified at 28 CFR 0.85(o), delegated
responsibilities set forth in the Act to the Director, FBI, or his
designee. The Director, FBI, has designated personnel in the
Engineering Section, Information Resources Division, to carry out these
responsibilities.
To effectively implement this law, the Engineering Section has
established the Telecommunications Industry Liaison Unit (TILU) to
specifically address the responsibilities set forth in the Act. TILU
personnel will respond to questions and inquiries concerning this Act,
and act as the designated contact point for facilitating communication
with the telecommunications industry.
Definition of ``Telecommunications Carrier''
The Act defines a ``telecommunications carrier'' as any ``person or
entity engaged in the transmission or switching of wire or electronic
communications as a common carrier for hire'' (section 102(8)(A)), and
includes any ``person or entity engaged in providing commercial mobile
service, (as defined in section 332(d) of the Communications Act of
1934, as amended (47 U.S.C. 332(d))'' (section 102(8)(B)). This
definition includes but is not limited to local exchange and
interexchange carriers; competitive access providers; resellers, cable
operators, utilities, and shared tenant services to the extent that
they offer telecommunications services as common carriers for hire;
cellular telephone companies; personal communications services (PCS)
providers; satellite-based mobile communications providers; specialized
mobile radio services (SMRS) providers, and enhanced SMRS providers;
and paging service providers.
The definition does not include persons or entities insofar as they
are engaged in providing information services such as electronic
publishing and messaging services.
Capability Requirements
The Act requires telecommunications carriers to ensure that, within
four years from the date of enactment, their systems have the
capability to meet the assistance capability requirements as described
in section 103 of the Act. A document entitled Law Enforcement
Requirements for the Surveillance of Electronic Communications,
clarifies the generic law enforcement assistance capability
requirements set forth in the Act and gives additional guidance to
telecommunications carriers. This document is available upon request
from TILU.
Under section 107(a)(2) of the Act, a carrier will be deemed to be
in compliance if it adheres to publicly available technical
requirements, feature descriptions, or standards adopted by an industry
association or standard-setting organization relevant to the Act.
Telecommunications carriers may also develop their own solutions. In
any case, carriers must meet the requirements set forth in section 103
of the Act. If no such technical requirements or standards are issued,
or if they are challenged as being deficient, upon petition, the
Federal Communications Commission (FCC) has authority to develop them
through a rule making.
Notice of Maximum and Actual Capacity Requirements
Within one year after enactment, the Attorney General is required
to publish in the Federal Register, and to provide to appropriate
telecommunications industry associations and standard-setting
organizations, notice of the estimated electronic surveillance capacity
requirements as of October 24, 1998, as well as the estimated maximum
capacity required to accommodate such surveillance thereafter.
Compliance, Payment, Enforcement, Exemption, Extensions,
Consultation, Systems Security, Cooperation
The mandated compliance with the requirements set forth in section
103 of the Act is affected by a number of interrelated factors,
including whether the Attorney General is required to, and has agreed
to, pay for needed modifications; whether the equipment, facility, or
service was deployed on or before January 1, 1995; and whether such
modifications are reasonably achievable under criteria set forth in the
Act. Under certain circumstances, telecommunications carriers also may
petition regulatory authorities to adjust changes, practices,
classifications, and regulations to recover costs expended for making
needed modifications. Unexcused noncompliance can lead to civil
enforcement actions by the Attorney General and imposition of civil
fines. The Act also includes provisions for exemption, extension of the
compliance date, consultation with industry, and systems security. In
addition, it requires telecommunications transmission and switching
equipment manufacturers, as well as providers of telecommunications
support services, to cooperate with telecommunications carriers in
achieving the required capacities and capabilities.
Commerce Business Daily Notice
The FBI Telecommunications Contracts Audit Unit will issue a Notice
in the Commerce Business Daily soliciting comments from the
telecommunications industry concerning cost accounting procedures and
other rules regarding payment procedures and criteria.
Dated: February 16, 1995.
Louis J. Freeh,
Director.
[FR Doc. 95-4376 Filed 2-22-95; 8:45 am]
BILLING CODE 4410-02-M
