**DA 06-2512**

**December 14, 2006**

> **OMB Control Number 3060-0809**
>
> **OMB APPROVES CALEA-MANDATED SYSTEM SECURITY FILING REQUIREMENT FOR
> PROVIDERS OF FACILITIES-BASED BROADBAND INTERNET ACCESS AND
> INTERCONNECTED VoIP SERVICE**

**ET DOCKET NO. 04-295**

Section 105 of the Communications Assistance for Law Enforcement Act
(CALEA), 47 U.S.C. § 1004, and section 229(b) of the Communications Act,
47 U.S.C. § 229(b), require all telecommunications carriers subject to
CALEA to file system security and integrity (SSI) plans with the Federal
Communications Commission (the Commission).[^1] On May 12, 2006, the
Commission released the *Second Report and Order and Memorandum Opinion
and Order* in ET Docket No. 04-295 (*CALEA Second Report and
Order*),[^2] which, *inter alia*, declared that facilities-based
broadband Internet access providers and interconnected VoIP service
providers must comply with this requirement, subject to approval from
the Office of Management and Budget (OMB).[^3] OMB granted its approval
on December 12, 2006.[^4]

***Compliance.*** Pursuant to section 1.20005 of the Commission's rules,
47 C.F.R. § 1.20005, facilities-based broadband Internet access and
interconnected VoIP service providers subject to CALEA must file their
SSI plans with the Commission by **March 12, 2007**. All providers
subject to CALEA are reminded that they are required to promptly inform
the Commission of any changes to filed SSI plans.[^5]

***Filing Procedure.*** Facilities-based broadband Internet access
service providers and interconnected VoIP service providers filing SSI
plans pursuant to this Public Notice must reference ET Docket No.
04-295.

-   Parties must file an original and four copies of each filing.
    Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first-class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). All filings must be addressed to the
    Commission's Secretary, Office of the Secretary, Federal
    Communications Commission.

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-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

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-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington DC 20554.

-   The Commission recognized in its *Report and Order* in CC Docket No.
    97-213 that SSI plans are sensitive in nature.[^6] Parties who
    believe their SSI plan should be withheld from public inspection may
    request confidential treatment pursuant to Section 0.459 of the
    Commission's rules. They should not file this information
    electronically.[^7] Even if the Commission grants confidential
    treatment, information that does not fall within a specific
    exemption pursuant to the Freedom of Information Act (FOIA) must be
    publicly disclosed pursuant to an appropriate request.[^8] We note
    that the Commission may grant requests for confidential treatment
    either conditionally or unconditionally. As such, we note that the
    Commission has the discretion to release information on public
    interest grounds that does fall within the scope of a FOIA
    exemption.

Parties also should send a copy of their filings to:

-   David Ward, Senior Legal Advisor, Policy Division, Public Safety and
    Homeland Security Bureau, 445 12th Street, SW, Washington, DC 20554.

Non-confidential documents in ET Docket No. 04-295 may be obtained from
Best Copy and Printing, Inc., in person at 445 12^th^ St., S.W., Room
CY-B402, Washington, DC 20554, via telephone at (202) 488-5300, via
facsimile at (202) 488-5563, or via e-mail at <FCC@BCPIWEB.COM>.
Non-classified documents also will be available for public inspection
and copying during regular business hours in the FCC Reference
Information Center, Room CY-A257, 445 12th St. S.W., Washington, DC
20554, and through the Commission's Electronic Filing System (ECFS)
accessible on the Commission's Web site, <http://www.fcc.gov/cgb/ecfs>.

To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer & Governmental Affairs Bureau
at 202-418-0530 (voice), 202-418-0432 (TTY).

For further information regarding this proceeding, contact Thomas J.
Beers, Associate Chief, Policy Division, Public Safety and Homeland
Security Bureau, (202) 418-0952.

**FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT**

As required by the Paperwork Reduction act of 1995 (44 U.S.C. § 3507),
the FCC is notifying the public that it received OMB approval on
December 12, 2006, for the collections of information described in this
Public Notice. Public reporting burden for this collection of
information is estimated to range from 1 hour to 80 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this
burden estimate, or any other aspect of this collection of information,
including suggestions for reducing the burden to Federal Communications
Commission, AMD-PERM, Washington, DC 20554, Paperwork Reduction Project
(3060-0809), or via the Internet to PRA@fcc.gov. DO NOT SEND COMPLETED
APPLICATION FORMS TO THIS ADDRESS.

Under 5 CFR § 1320, an agency may not conduct or sponsor a collection of
information unless it displays a currently valid OMB Control Number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the Paperwork Reduction Act (PRA)
that does not display a currently valid OMB Control Number. This
collection has been assigned OMB Control Number 3060-0809.

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995,
PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.

**- FCC -**

[^1]: The rules governing the filing of these plans are set out at 47
    C.F.R. §§ 1.20003-1.20005.

[^2]: Communications Assistance for Law Enforcement Act and Broadband
    Access and Services, ET Docket No. 04-295, *Second Report and Order
    and Memorandum Opinion and Order*, 21 FCC Rcd 5360 (2006).

[^3]: *See* 71 Fed. Reg. 61,722 (October 13, 2006).

[^4]: The Commission also will announce this approval by notification in
    the Federal Register.

[^5]: *See* 47 C.F.R. § 1.2005(a).

[^6]: Communications Assistance for Law Enforcement Act, CC Docket No.
    97-213, *Report and Order*, 14 FCC Rcd 4151, 4177 ¶ 57 (1999).

[^7]: *See* Examination of Current Policy Concerning the Treatment of
    Confidential Information Submitted to the Commission, *Report and
    Order*, 13 FCC Rcd 24816 (1998), *Order on Reconsideration*, 14 FCC
    Rcd 20128 (1999).

[^8]: *See* 47 C.F.R. § 0.461; 5 U.S.C. § 552.