47 U.S.C. § 1007 — Enforcement orders

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 court finds that— (1) alternative technologies or capabilities or the facilities of another carrier are not rea- sonably available to law enforcement for im- plementing the interception of communica- tions 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 sub- chapter, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to com- ply in a timely manner, any effect on the car- rier’s, manufacturer’s, or service provider’s abil- ity to continue to do business, the degree of cul- pability or delay in undertaking efforts to com- ply, and such other matters as justice may re- quire. (c) Limitations An order enforcing this subchapter may not— (1) require a telecommunications carrier to meet the Government’s 1 demand for intercep- tion 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 require- ment 2 of section 1002 of this title if the Com- mission has determined (pursuant to section 1008(b)(1) of this title) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 1008(b)(2) of this title) to pay the costs de- scribed in section 1008(b)(2)(A) of this title; or (3) require a telecommunications carrier to modify, for the purpose of complying with the assistance capability requirements of section 1002 of this title, 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 equip- ment, 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. (Pub. L. 103–414, title I, § 108, Oct. 25, 1994, 108 Stat. 4285.) § 1008. Payment of costs of telecommunications carriers to comply with capability require- ments (a) Equipment, facilities, and services deployed on or before January 1, 1995 The Attorney General may, subject to the availability of appropriations, agree to pay tele- communications carriers for all reasonable costs directly associated with the modifications per- formed by carriers in connection with equip- ment, facilities, and services installed or de- ployed on or before January 1, 1995, to establish the capabilities necessary to comply with sec- tion 1002 of this title. (b) Equipment, facilities, and services deployed after January 1, 1995 (1) Determinations of reasonably achievable The Commission, on petition from a tele- communications carrier or any other inter- ested person, and after notice to the Attorney General, shall determine whether compliance with the assistance capability requirements of section 1002 of this title is reasonably achiev- able with respect to any equipment, facility, or service installed or deployed after January 1, 1995. The Commission shall make such de- termination within 1 year after the date such petition is filed. In making such determina- tion, the Commission shall determine whether compliance would impose significant difficulty or expense on the carrier or on the users of the