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 manufacturer of tele- communications transmission or switching equipment and a provider of telecommuni- cations 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 capa- bility requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title. (Pub. L. 103–414, title I, § 106, Oct. 25, 1994, 108 Stat. 4284.) § 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, the Attorney General, in coordination with other Federal, State, and local law enforce- ment agencies, shall consult with appropriate associations and standard-setting organiza- tions of the telecommunications industry, with representatives of users of telecommuni- cations 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 capa- bility requirements under section 1002 of this title, and a manufacturer of telecommuni- cations transmission or switching equipment or a provider of telecommunications support services shall be found to be in compliance with section 1005 of this title, if the carrier, manufacturer, or support service provider is in compliance with publicly available technical requirements or standards adopted by an in- dustry association or standard-setting organi- zation, or by the Commission under subsection (b), to meet the requirements of section 1002 of this title. (3) Absence of standards The absence of technical requirements or standards for implementing the assistance ca- pability requirements of section 1002 of this title shall not— (A) preclude a telecommunications carrier, manufacturer, or telecommunications sup- port services provider from deploying a tech- nology or service; or (B) relieve a carrier, manufacturer, or tele- communications 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 or- ganizations fail to issue technical requirements or standards or if a Government 1 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 require- ments of section 1002 of this title by cost-effec- tive methods; (2) protect the privacy and security of com- munications 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 obliga- tions of telecommunications carriers under section 1002 of this title 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 de- ployed, any equipment, facility, or service