[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