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47 U.S.C. § 1007 — Enforcement orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grounds for issuance** A court shall issue an order enforcing this subchapter under [section 2522 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2522&num=0&edition=prelim) only if the court finds that—
(1) alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and
(2) compliance with the requirements of this subchapter is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken.
**(b) Time for compliance** Upon issuing an order enforcing this subchapter, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier’s, manufacturer’s, or service provider’s ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require.
**(c) Limitations** An order enforcing this subchapter may not—
(1) require a telecommunications carrier to meet the Government’s 11 So in original. Probably should not be capitalized. demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier;
(2) require any telecommunications carrier to comply with assistance capability requirement 22 So in original. Probably should be “requirements”. of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
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Stable record: federal_law:legal_authorities:record_usc_2c266250062dc04110ab0885
Source file: Laws/federal/codes/united-states-code/title-47/section-1007-enforcement-orders--a9810f3560.md
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Source location: Title 47, Chapter 9, § 1007; chapter-009-interception-of-digital-and-other-communications.md
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**(a) Grounds for issuance** A court shall issue an order enforcing this subchapter under [section 2522 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2522&num=0&edition=prelim) only if the court finds that—
(1) alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and
(2) compliance with the requirements of this subchapter is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken.
**(b) Time for compliance** Upon issuing an order enforcing this subchapter, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier’s, manufacturer’s, or service provider’s ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require.
**(c) Limitations** An order enforcing this subchapter may not—
(1) require a telecommunications carrier to meet the Government’s 11 So in original. Probably should not be capitalized. demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier;
(2) require any telecommunications carrier to comply with assistance capability requirement 22 So in original. Probably should be “requirements”. of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) if the Commission has determined (pursuant to [section 1008(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1008/b/1&num=0&edition=prelim)) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to [section 1008(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1008/b/2&num=0&edition=prelim)) to pay the costs described in [section 1008(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1008/b/2/A&num=0&edition=prelim); or
(3) require a telecommunications carrier to modify, for the purpose of complying with 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), any equipment, facility, or service deployed on or before January 1, 1995, unless—
(A) the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring the equipment, facility, or service into compliance with those requirements; or
(B) the equipment, facility, or service has been replaced or significantly upgraded or otherwise undergoes major modification.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement by Court Issuing Surveillance Order.—** If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim) et seq.) or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier’s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply.
**(b) Enforcement Upon Application by Attorney General.—** The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act.
**(c) Civil Penalty.—**
(1) **In general.—** — A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify.
(2) **Considerations.—** — In determining whether to impose
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2522
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 407
TITLE 47—TELECOMMUNICATIONS
§ 1008
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be ‘‘requirements’’.
prior to the effective date of section 1002 of
this title may petition the Commission for 1
or more extensions of the deadline for com-
plying with the assistance capability require-
ments under section 1002 of this title.
(2) Grounds for extension
The Commission may, after consultation
with the Attorney General, grant an extension
under this subsection, if the Commission de-
termines that compliance with the assistance
capability requirements under section 1002 of
this title is not reasonably achievable through
application of technology available within the
compliance period.
(3) Length of extension
An extension under this subsection shall ex-
tend for no longer than the earlier of—
(A) the date determined by the Commis-
sion as necessary for the carrier to comply
with the assistance capability requirements
under section 1002 of this title; 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 busi-
ness on which the new equipment, facility, or
service is used.
(Pub. L. 103–414, title I, § 107, Oct. 25, 1994, 108
Stat. 4284.)
Editorial Notes
REFERENCES IN TEXT
The effective date of section 1002 of this title, re-
ferred to in subsec. (c)(1), is the date that is 4 years
after Oct. 25, 1994, see section 111(b) of Pub. L. 103–414,
set out as an Effective Date note under section 1001 of
this title.
§ 1007. Enforcement orders
(a) Grounds for issuance
A court shall issue an order enforcing this sub-
chapter under section 2522 of title 18 only if the
cour
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1007
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