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

Page 405 TITLE 47—TELECOMMUNICATIONS § 1003 1 So in original. Probably should be ‘‘of’’. or service that allows subscribers to redirect, hand off, or assign their wire or electronic com- munications to another service area or another service provider or to utilize facilities in an- other service area or of another service provider shall ensure that, when the carrier that had been providing assistance for the interception of wire or electronic communications or access to call-identifying information pursuant to a court order or lawful authorization no longer has ac- cess to the content of such communications or call-identifying information within the service area in which interception has been occurring as a result of the subscriber’s use of such a feature or service, information is made available to the government (before, during, or immediately after the transfer of such communications) iden- tifying the provider of a wire or electronic com- munication service that has acquired access to the communications. (Pub. L. 103–414, title I, § 103, Oct. 25, 1994, 108 Stat. 4280.) 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. § 1003. Notices of capacity requirements (a) Notices of maximum and actual capacity re- quirements (1) In general Not later than 1 year after October 25, 1994, after consulting with State and local law en- forcement agencies, telecommunications car- riers, providers of telecommunications support services, and manufacturers of telecommuni- cations equipment, and after notice and com- ment, the Attorney General shall publish in the Federal Register and provide to appro- priate telecommunications industry associa- tions and standard-setting organizations— (A) notice of the actual number of commu- nication interceptions, pen registers, and trap and trace devices, representing a por- tion of the maximum capacity set forth under subparagraph (B), that the Attorney General estimates that government agencies authorized to conduct electronic surveil- lance may conduct and use simultaneously by the date that is 4 years after October 25, 1994; and (B) notice of the maximum capacity re- quired to accommodate all of the commu- nication interceptions, pen registers, and trap and trace devices that the Attorney General estimates that government agencies authorized to conduct electronic surveil- lance 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 equip- ment, type of service, number of subscribers, type or size or 1 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 re- quirements or within 4 years after October 25, 1994, whichever is longer, a telecommuni- cations carrier shall, subject to subsection (e), ensure that its systems are capable of— (A) accommodating simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under subsection (a)(1)(A); and (B) expanding to the maximum capacity set forth in the notice under subsection (a)(1)(B). (2) Expansion to maximum capacity After the date described in paragraph (1), a telecommunications carrier shall, subject to subsection (e), ensure that it can accommo- date expeditiously any increase in the actual number of communication interceptions, pen registers, and trap and trace devices that au- thorized agencies may seek to conduct and use, up to the maximum capacity requirement set forth in the notice under subsection (a)(1)(B). (c) Notices of increased maximum capacity re- quirements (1) Notice The Attorney General shall periodically pub- lish in the Federal Register, after notice and comment, notice of any necessary increases in the maximum capacity requirement set forth in the notice under subsection (a)(1)(B). (2) Compliance Within 3 years after notice of increased max- imum capacity requirements is published under paragraph (1), or within such longer time period as the Attorney General may specify, a telecommunications carrier shall, subject to subsection (e), ensure that its sys- tems are capable of expanding to the increased maximum capacity set forth in the notice. (d) Carrier statement Within 180 days after the publication by the Attorney General of a notice of capacity re- quirements pursuant to subsection (a) or (c), a telecommunications carrier shall submit to the Attorney General a statement identifying any of its systems or services that do not have the ca- pacity to accommodate simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under such subsection. (e) Reimbursement required for compliance The Attorney General shall review the state- ments submitted under subsection (d) and may, subject to the availability of appropriations, agree to reimburse a telecommunications car- rier for costs directly associated with modifica- tions to attain such capacity requirement that are determined to be reasonable in accordance with section 1008(e) of this title. Until the Attor- 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