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

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).

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Stable record: federal_law:legal_authorities:record_usc_5e620a376887ce39c9596894
Source file: Laws/federal/codes/united-states-code/title-47/section-1005-cooperation-of-equipment-manufacturers-and-providers-of-telecommunicatio--f7d265f32d.md
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Source location: Title 47, Chapter 9, § 1005; chapter-009-interception-of-digital-and-other-communications.md

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**(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).

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

47 U.S.C. § 1003 — Notices of capacity requirements

**(a) Notices of maximum and actual capacity requirements** (1) **In general** — Not later than 1 year after October 25, 1994, after consulting with State and local law enforcement agencies, telecommunications carriers, providers of telecommunications support services, and manufacturers of telecommunications equipment, and after notice and comment, the Attorney General shall publish in the Federal Register and provide to appropriate telecommunications industry associations and standard-setting organizations— (A) notice of the actual number of communication interceptions, pen registers, and trap and trace devices, representing a portion of the maximum capacity set forth under subparagraph (B), that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously by the date that is 4 years after October 25, 1994; and (B) notice of the maximum capacity required to accommodate all of the communication interceptions, pen registers, and trap and trace devices that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously after the date that is 4 years after October 25, 1994. (2) **Basis of notices** — The notices issued under paragraph (1)— (A) may be based upon the type of equipment, type of service, number of subscribers, type or size or 11 So in original. Probably should be “of”. carrier, nature of service area, or any other measure; and (B) shall identify, to the maximum extent practicable, the capacity required at specific geographic locations. **(b) Compliance with capacity notices** (1) **Initial capacity** — Within 3 years after the publication by the Attorney General of a notice of capacity requirement

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1003

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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; extension of compliance date

**(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](h

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1006

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

47 U.S.C. § 1005 — Cooperation of equipment manufacturers

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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