47 U.S.C. § 1006 — Technical requirements and standards;

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 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