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47 U.S.C. § 1006 — Technical requirements and standards; extension of compliance date

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1006 — Technical requirements and standards; extension of compliance date

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Stable record: federal_law:legal_authorities:record_usc_0654bb5f30abf3d9f2e52dbf
Source file: Laws/federal/codes/united-states-code/title-47/section-1006-technical-requirements-and-standards-extension-of-compliance-date--ff64bd16f7.md
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Source location: Title 47, Chapter 9, § 1006; chapter-009-interception-of-digital-and-other-communications.md

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**(a) Safe harbor** (1) **Consultation** — To ensure the efficient and industry-wide implementation of the assistance capability requirements under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim), the Attorney General, in coordination with other Federal, State, and local law enforcement agencies, shall consult with appropriate associations and standard-setting organizations of the telecommunications industry, with representatives of users of telecommunications equipment, facilities, and services, and with State utility commissions. (2) **Compliance under accepted standards** — A telecommunications carrier shall be found to be in compliance with the assistance capability requirements under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim), and a manufacturer of telecommunications transmission or switching equipment or a provider of telecommunications support services shall be found to be in compliance with [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1005&num=0&edition=prelim), if the carrier, manufacturer, or support service provider is in compliance with publicly available technical requirements or standards adopted by an industry association or standard-setting organization, or by the Commission under subsection (b), to meet the requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim). (3) **Absence of standards** — The absence of technical requirements or standards for implementing the assistance capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) shall not— (A) preclude a telecommunications carrier, manufacturer, or telecommunications support services provider from deploying a technology or service; or (B) relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed by section 1002 or 1005 of this title, as applicable. **(b) Commission authority** If industry associations or standard-setting organizations fail to issue technical requirements or standards or if a Government 11 So in original. Probably should not be capitalized. agency or any other person believes that such requirements or standards are deficient, the agency or person may petition the Commission to establish, by rule, technical requirements or standards that— (1) meet the assistance capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) by cost-effective methods; (2) protect the privacy and security of communications not authorized to be intercepted; (3) minimize the cost of such compliance on residential ratepayers; (4) serve the policy of the United States to encourage the provision of new technologies and services to the public; and (5) provide a reasonable time and conditions for compliance with and the transition to any new standard, including defining the obligations of telecommunications carriers under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) during any transition period. **(c) Extension of compliance date for equipment, facilities, and services** (1) **Petition** — A telecommunications carrier proposing to install or deploy, or having installed or deployed, any equipment, facility, or service prior to the effective date of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) may petition the Commission for 1 or more extensions of the deadline for complying with the assistance capability requirements under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim). (2) **Grounds for extension** — The Commission may, after consultation with the Attorney General, grant an extension under this subsection, if the Commission determines that compliance with the assistance capability requirements under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) is not reasonably achievable through application of technology available within the compliance period. (3) **Length of extension** — An extension under this subsection shall extend for no longer than the earlier of— (A) the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim); or (B) the date that is 2 years after the date on which the extension is granted. (4) **Applicability of extension** — An extension under this subsection shall apply to only that part of the carrier’s business on which the new equipment, facility, or service is used.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1001 — Definitions

For purposes of this subchapter— (1) The terms defined in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim) have, respectively, the meanings stated in that section. (2) The term “call-identifying information” means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier. (3) The term “Commission” means the Federal Communications Commission. (4) The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (5) The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance. (6) The term “information services”— (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes— (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network. (7) The term “telecommuni

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1005 — Cooperation of equipment manufacturers and providers of telecommunications support services

**(a) Consultation** A telecommunications carrier shall consult, as necessary, in a timely fashion with manufacturers of its telecommunications transmission and switching equipment and its providers of telecommunications support services for the purpose of ensuring that current and planned equipment, facilities, and services comply with the capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) and the capacity requirements identified by the Attorney General under [section 1003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1003&num=0&edition=prelim). **(b) Cooperation** Subject to sections 1003(e), 1007(a), and 1008(b) and (d) of this title, a manufacturer of telecommunications transmission or switching equipment and a provider of telecommunications support services shall, on a reasonably timely basis and at a reasonable charge, make available to the telecommunications carriers using its equipment, facilities, or services such features or modifications as are necessary to permit such carriers to comply with the capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) and the capacity requirements identified by the Attorney General under [section 1003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1003&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1005

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1002 — Assistance capability requirements

**(a) Capability requirements** Except as provided in subsections (b), (c), and (d) of this section and sections 1007(a) and 1008(b) and (d) of this title, a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of— (1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber’s equipment, facility, or service, or at such later time as may be acceptable to the government; (2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to access call-identifying information that is reasonably available to the carrier— (A) before, during, or immediately after the transmission of a wire or electronic communication (or at such later time as may be acceptable to the government); and (B) in a manner that allows it to be associated with the communication to which it pertains, except that, with regard to information acquired solely pursuant to the authority for pen registers and trap and trace devices (as defined in [section 3127 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3127&num=0&edition=prelim)), such call-identifying information shall not include any information that may disclose the physical location of the subscriber (except to the extent that the location may be determined from the telephone

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1002

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1006 — Technical requirements and standards;

Page 406 TITLE 47—TELECOMMUNICATIONS § 1004 1 So in original. Probably should not be capitalized. ney General agrees to reimburse such carrier for such modification, such carrier shall be consid- ered to be in compliance with the capacity no- tices under subsection (a) or (c). (Pub. L. 103–414, title I, § 104, Oct. 25, 1994, 108 Stat. 4282.) § 1004. Systems security and integrity A telecommunications carrier shall ensure that any interception of communications or ac- cess to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regula- tions prescribed by the Commission. (Pub. L. 103–414, title I, § 105, Oct. 25, 1994, 108 Stat. 4283.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103–414, set out as a note under section 1001 of this title. § 1005. Cooperation of equipment manufacturers and providers of telecommunications sup- port services (a) Consultation A telecommunications carrier shall consult, as necessary, in a timely fashion with manufactur- ers of its telecommunications transmission and switching equipment and its providers of tele- communications support services for the pur- pose of ensuring that current and planned equip- ment, facilities, and services comply with the capability requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title. (b) Cooperation Subject to sections 1003(e), 1007(a), and 1008(b) and (d) of this title, a man

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1006

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