**DA 06-2513**

**December 14, 2006**

**OMB Control Number 3060-0809**

> **OMB APPROVES CALEA COMPLIANCE MONITORING REPORT FOR PROVIDERS OF
> FACILITIES-BASED BROADBAND INTERNET ACCESS AND INTERCONNECTED VoIP
> SERVICE; REPORTS ARE DUE FEBRUARY 12, 2007**

**ET DOCKET NO. 04-295**

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*).[^1] The *CALEA Second Report and Order*, *inter
alia*, requires every facilities-based broadband Internet access service
and interconnected VoIP service providers to file a Monitoring Report
describing the status of compliance with requirements imposed by section
103 of the Communications Assistance for Law Enforcement Act (CALEA), 47
U.S.C. § 1004.[^2] The *CALEA* *Second Report and Order* noted that the
effective date for the new Monitoring Report information collection
requirement was subject to Office of Management and Budget (OMB)
approval,[^3] which was granted on December 12, 2006.[^4]

***Compliance.*** In order to comply with the requirements established
in the *CALEA Second Report and Order*, all providers of
facilities-based broadband Internet access services and interconnected
VoIP services must file FCC Form 445, "CALEA Monitoring Report for
Broadband and VoIP Services," no later than **February 12, 2007**.[^5]
Form 445 is attached to this Public Notice and can also be found on the
Commission's web site at http://www.fcc.gov/formpage.html.

-   Parties must file an original and two copies of FCC Form 445.
    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
    Secretary, Federal Communications Commission, Attention: CALEA
    Monitoring Report.

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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.

-   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 D.C. 20554.

-   CALEA compliance Monitoring Reports which are properly filed and
    marked as instructed herein will be treated as presumptively
    confidential pursuant to section 0.457(g) of the Commission's rules,
    47 C.F.R. § 0.457(g), and will not be made available routinely for
    public inspection.[^6] Parties should clearly mark each filed copy
    "Confidential -- Not for Public Inspection" and file it under seal.
    Any correspondence related to CALEA compliance Monitoring Reports
    should reference ET Docket No. 04-295 and should also be marked
    "Confidential -- Not for Public Inspection."

Parties also should send one copy of their filings to:

-   The Federal Bureau of Investigation, CALEA Implementation Unit,
    14800 Conference Center Drive, Suite 300, Chantilly, VA 20151-0450;

-   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]: 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).

[^2]: ^?^ *Id*. at 5387-88 ¶ 59; *see also* Communications Assistance
    for Law Enforcement Act and Broadband Access and Services, ET Docket
    No. 04-295, *First Report and Order and Further Notice of Proposed
    Rulemaking*, 20 FCC Rcd 14989, 15001-12 ¶¶ 24-40 (2005) (extending
    CALEA obligations to providers of facilities-based broadband
    Internet access services and interconnected VoIP services).

[^3]: *CALEA Second Report and Order*, 21 FCC Rcd at 5388 ¶ 60.

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

[^5]: *See CALEA Second Report and Order*, 21 FCC Rcd at 5387 ¶ 59.

[^6]: *Id.* at 5388 ¶ 60.