47 U.S.C. § 1008 — Payment of costs of telecommunications

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 Page 408 TITLE 47—TELECOMMUNICATIONS § 1009 carrier’s systems and shall consider the fol- lowing factors: (A) The effect on public safety and na- tional security. (B) The effect on rates for basic residential telephone service. (C) The need to protect the privacy and se- curity of communications not authorized to be intercepted. (D) The need to achieve the capability as- sistance requirements of section 1002 of this title by cost-effective methods. (E) The effect on the nature and cost of the equipment, facility, or service at issue. (F) The effect on the operation of the equipment, facility, or service at issue. (G) The policy of the United States to en- courage the provision of new technologies and services to the public. (H) The financial resources of the tele- communications carrier. (I) The effect on competition in the provi- sion of telecommunications services. (J) The extent to which the design and de- velopment of the equipment, facility, or service was initiated before January 1, 1995. (K) Such other factors as the Commission determines are appropriate. (2) Compensation If compliance with the assistance capability requirements of section 1002 of this title is not reasonably achievable with respect to equip- ment, facilities, or services deployed after January 1, 1995— (A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, to pay the telecommunications carrier for the additional reasonable costs of making compliance with such assistance capability requirements reasonably achievable; and (B) if the Attorney General does not agree to pay such costs, the telecommunications carrier shall be deemed to be in compliance with such capability requirements. (c) Allocation of funds for payment The Attorney General shall allocate funds ap- propriated to carry out this subchapter in ac- cordance with law enforcement priorities deter- mined by the Attorney General. (d) Failure to make payment with respect to equipment, facilities, and services deployed on or before January 1, 1995 If a carrier has requested payment in accord- ance with procedures promulgated pursuant to subsection (e), and the Attorney General has not agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring any equipment, facility, or service deployed on or before Janu- ary 1, 1995, into compliance with the assistance capability requirements of section 1002 of this title, such equipment, facility, or service shall be considered to be in compliance with the as- sistance capability requirements of section 1002 of this title until the equipment, facility, or service is replaced or significantly upgraded or otherwise undergoes major modification. (e) Cost control regulations (1) In general The Attorney General shall, after notice and comment, establish regulations necessary to effectuate timely and cost-efficient payment to telecommunications carriers under this subchapter, under chapters 119 and 121 of title 18, and under the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1801 et seq.). (2) Contents of regulations The Attorney General, after consultation with the Commission, shall prescribe regula- tions for purposes of determining reasonable costs under this subchapter. Such regulations shall seek to minimize the cost to the Federal Government and shall— (A) permit recovery from the Federal Gov- ernment of— (i) the direct costs of developing the modifications described in subsection (a), of providing the capabilities requested under subsection (b)(2), or of providing the capacities requested under section 1003(e) of this title, but only to the extent that such costs have not been recovered from any other governmental or nongovern- mental entity; (ii) the costs of training personnel in the use of such capabilities or capacities; and (iii) the direct costs of deploying or in- stalling such capabilities or capacities; (B) in the case of any modification that may be used for any purpose other than law- fully authorized electronic surveillance by a law enforcement agency of a government, permit recovery of only the incremental cost of making the modification suitable for such law enforcement purposes; and (C) maintain the confidentiality of trade secrets. (3) Submission of claims Such regulations shall require any tele- communications carrier that the Attorney General has agreed to pay for modifications pursuant to this section and that has installed or deployed such modification to submit to the Attorney General a claim for payment that contains or is accompanied by such infor- mation as the Attorney General may require. (Pub. L. 103–414, title I, § 109, Oct. 25, 1994, 108 Stat. 4286.) Editorial Notes REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, re- ferred to in subsec. (e)(1), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables. § 1009. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter a total of $500,000,000 for fiscal years 1995, 1996, 1997, and 1998. Such sums are authorized to remain available until expended.