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47 U.S.C. § 229 — Communications Assistance for Law Enforcement Act compliance

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

47 U.S.C. § 229 — Communications Assistance for Law Enforcement Act compliance

**(a) In general** The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1001&num=0&edition=prelim) et seq.]. **(b) Systems security and integrity** The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1004](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1004&num=0&edition=prelim)] that require common carriers— (1) to establish appropriate policies and procedures for the supervision and control of its officers and employees— (A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and (B) to prevent any such interception or access without such authorization; (2) to maintain secure and accurate records of any interception or access with or without such authorization; and (3) to submit to the Commission the policies and procedures adopted to comply with the requirements established under paragraphs (1) and (2). **(c) Commission review of compliance** The Commission shall review the policies and procedures submitted under subsection (b)(3) and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the requirements of the regulations prescribed under this section. **(d) Penalties** For purposes of this chapter, a violation by an officer or employee of any policy or procedure a

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Source location: Title 47, Chapter 5, § 229; chapter-005-wire-or-radio-communication.md

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**(a) In general** The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1001&num=0&edition=prelim) et seq.]. **(b) Systems security and integrity** The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1004](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1004&num=0&edition=prelim)] that require common carriers— (1) to establish appropriate policies and procedures for the supervision and control of its officers and employees— (A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and (B) to prevent any such interception or access without such authorization; (2) to maintain secure and accurate records of any interception or access with or without such authorization; and (3) to submit to the Commission the policies and procedures adopted to comply with the requirements established under paragraphs (1) and (2). **(c) Commission review of compliance** The Commission shall review the policies and procedures submitted under subsection (b)(3) and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the requirements of the regulations prescribed under this section. **(d) Penalties** For purposes of this chapter, a violation by an officer or employee of any policy or procedure adopted by a common carrier pursuant to subsection (b), or of a rule prescribed by the Commission pursuant to subsection (a), shall be considered to be a violation by the carrier of a rule prescribed by the Commission pursuant to this chapter. **(e) Cost recovery for Communications Assistance for Law Enforcement Act compliance** (1) **Petitions authorized** — A common carrier may petition the Commission to adjust charges, practices, classifications, and regulations to recover costs expended for making modifications to equipment, facilities, or services pursuant to the requirements of section 103 of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim)]. (2) **Commission authority** — The Commission may grant, with or without modification, a petition under paragraph (1) if the Commission determines that such costs are reasonable and that permitting recovery is consistent with the public interest. The Commission may, consistent with maintaining just and reasonable charges, practices, classifications, and regulations in connection with the provision of interstate or foreign communication by wire or radio by a common carrier, allow carriers to adjust such charges, practices, classifications, and regulations in order to carry out the purposes of this chapter. (3) **Joint board** — The Commission shall convene a Federal-State joint board to recommend appropriate changes to part 36 of the Commission’s rules with respect to recovery of costs pursuant to charges, practices, classifications, and regulations under the jurisdiction of the Commission.

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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

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

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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

47 U.S.C. § 1004 — Systems security and integrity

A telecommunications carrier shall ensure that any interception of communications or access 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 regulations prescribed by the Commission.

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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

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

47 U.S.C. § 1001 — Definitions

Page 403 TITLE 47—TELECOMMUNICATIONS § 1001 the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies par- ticipating in the initiative entitled ‘National NG911 Roadmap initiative’ to carry out the national-level tasks with respect which each agency has jurisdiction. ‘‘(2) IMPLEMENTATION PLAN.—The Administrator of the National Highway Traffic Safety Administration shall develop an implementation plan to support the completion of national-level tasks under the National NG911 Roadmap initiative.’’ FINDINGS Pub. L. 108–494, title I, § 102, Dec. 23, 2004, 118 Stat. 3986, provided that: ‘‘The Congress finds that— ‘‘(1) for the sake of our Nation’s homeland security and public safety, a universal emergency telephone number (911) that is enhanced with the most modern and state-of-the-art telecommunications capabilities possible should be available to all citizens in all re- gions of the Nation; ‘‘(2) enhanced emergency communications require Federal, State, and local government resources and coordination; ‘‘(3) any funds that are collected from fees imposed on consumer bills for the purposes of funding 911 serv- ices or enhanced 911 should go only for the purposes for which the funds are collected; and ‘‘(4) enhanced 911 is a high national priority and it requires Federal leadership, working in cooperation with State and local governments and with the nu- merous organizations dedicated to delivering emer- gency communications services.’’ PURPOSES Pub. L. 108–494, title I, § 103, Dec. 23, 2004, 118 Stat. 3986, provided that: ‘‘The purposes of this title [see sec- tion 101 of title I of Pub. L. 108–494, set out as a Short Title of 2004 Amendment note under section 901 of this title] are— ‘‘(1) to coordinat

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

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

Page 404 TITLE 47—TELECOMMUNICATIONS § 1002 (ii) any class or category of tele- communications carriers that the Com- mission exempts by rule after consultation with the Attorney General. (Pub. L. 103–414, title I, § 102, Oct. 25, 1994, 108 Stat. 4279.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–414, title I, § 111, Oct. 25, 1994, 108 Stat. 4288, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this title [enacting this subchapter and provisions set out below] shall take effect on the date of enact- ment of this Act [Oct. 25, 1994]. ‘‘(b) ASSISTANCE CAPABILITY AND SYSTEMS SECURITY AND INTEGRITY REQUIREMENTS.—Sections 103 and 105 of this title [enacting sections 1002 and 1004 of this title] shall take effect on the date that is 4 years after the date of enactment of this Act.’’ SHORT TITLE Pub. L. 103–414, title I, § 101, Oct. 25, 1994, 108 Stat. 4279, provided that: ‘‘This title [enacting this sub- chapter and provisions set out as a note above] may be cited as the ‘Communications Assistance for Law En- forcement Act’.’’ § 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 car- rier shall ensure that its equipment, facilities, or services that provide a customer or sub- scriber 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, f

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1002

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

47 U.S.C. § 1004 — Systems security and integrity

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

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

47 U.S.C. § 229 — Communications Assistance for Law En-

Page 88 TITLE 47—TELECOMMUNICATIONS § 229 and complementary oversight and regulatory systems or procedures, or both, so long as such systems and procedures govern intrastate services and do not significantly impede the enforcement of this section or other Federal statutes. (5) Enforcement of existing regulations Nothing in this section shall be construed to prohibit the Commission from enforcing regu- lations prescribed prior to October 28, 1992, in fulfilling the requirements of this section to the extent that such regulations are con- sistent with the provisions of this section. (h) Effect on dial-a-porn prohibitions Nothing in this section shall affect the provi- sions of section 223 of this title. (i) ‘‘Pay-per-call services’’ defined For purposes of this section— (1) The term ‘‘pay-per-call services’’ means any service— (A) in which any person provides or pur- ports to provide— (i) audio information or audio entertain- ment produced or packaged by such per- son; (ii) access to simultaneous voice con- versation services; or (iii) any service, including the provision of a product, the charges for which are as- sessed on the basis of the completion of the call; (B) for which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for trans- mission of the call; and (C) which is accessed through use of a 900 telephone number or other prefix or area code designated by the Commission in ac- cordance with subsection (b)(5). (2) Such term does not include directory services provided by a common carrier or its affiliate or by a local exchange carrier or its affiliate, or any service for which users are as- sessed charges only after entering into a presubscription or comparable arrangement with t

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