#### DA 01-489

##### February 22, 2001

CALEA SECTION 107(c) EXTENSION PETITIONS:

ADDITIONAL PETITIONS RECEIVING PRELIMINARY EXTENSIONS

FROM THE COMMON CARRIER BUREAU

AND REVISED DATE FOR [ALL]{.underline} PRELIMINARY EXTENSIONS PREVIOUSLY
GRANTED IN DA 97-213, NSD-L-00-234 (released Nov. 20, 2000)

> CC Docket No. 97-213
>
> NSD-L-00-234

Pleading Cycle Established

Comments Due: March 24, 2001 Reply Comments Due: APRIL 8, 2001

The wireline telecommunications carriers listed in Appendix A have filed
petitions with the Commission seeking extensions of the deadline for
complying with the capability requirements of section 103 of the
Communications Assistance for Law Enforcement Act (CALEA), 47 U.S.C. §
1002, as provided by section 107(c) of CALEA, 47 U.S.C. § 1006(c). The
Federal Communications Commission (FCC) set out the procedures the staff
will follow in considering such petitions in CALEA Section 103
Compliance and Section 107(c) Petitions, *Public Notice*, FCC 00-154
(released April 25, 2000), *as modified by* *Public Notice*, DA 00-1231
(released June 5, 2000) (hereinafter CALEA Public Notices). The CALEA
Public Notices are available on the Internet at
[www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/fcc00154.doc](http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/fcc00154.doc).

On November 20, 2000, the Common Carrier Bureau granted preliminary
extensions of the deadline for complying with CALEA section 103 until
March 31, 2001, subject to the conditions set out therein, to about one
thousand wireline carriers.[^1] *See Public Notice* DA 97-213,
NSD-L-00-234 (released Nov. 20, 2000). The November 20, 2000 Public
Notice is available on the Internet at
http://www.fcc.gov/ccb/nsd/documents/2000PN5.html. The carriers
receiving preliminary extensions on November 20, 2000 are listed in
Appendix B.

We find here that the petitioners listed in Appendix A also have
satisfied the requirements set out in the CALEA Public Notices for a
preliminary determination that their circumstances warrant an extension
of the compliance deadline.

A carrier's participation in the FBI's Flexible Deployment Program
enables the FCC to satisfy its statutory obligation to consult with the
FBI, [^2] and assists the FCC in determining whether an extension is
warranted and the length of any extension of the compliance deadline.
Due to the large number of extension petitions filed by wireline
carriers and the amount of time necessary to consider fully the merits
of each petition, the Common Carrier Bureau is extending the March 31,
2001 deadline granting [preliminar]{.underline}y extensions until June
30, 2001 to all carriers listed in both Appendix A and Appendix B.

Accordingly, the petitioners listed in Appendices A and B are deemed to
have a [preliminary]{.underline} extension of the deadline for complying
with CALEA section 103 until June 30, 2001, unless earlier revoked by
the Commission or superseded by a final determination on the underlying
extension request, as described in paragraph 10 of the April 25, 2000,
CALEA Public Notice.

Interested parties may file comments concerning this matter on or before
**March 24, 2001**, and reply comments on or before **April 8, 2001**.
All filings must reference **File No. NSD-L-00-234 and CC Docket
97-213.** Send an original and four copies to the Commission Secretary,
Magalie Roman Salas, Portals II, 445 12th Street, SW, Suite TW-A325,
Washington, D.C. 20554 and two copies to Al McCloud, Network Services
Division, Portals II, 445 12th Street, S.W., Room 6A-320, Washington,
D.C. 20554. All comments should be served on the carrier(s) filing the
underlying application(s) on which comments are being filed. As noted in
the April 25, 2000, CALEA Public Notice, the information provided by
petitioners to substantiate their requests will not be made routinely
available for public inspection. Parties seeking access to such
information must request such access pursuant to 47 C.F.R. § 0.461 of
the Commission's rules.

Petitions filed pursuant to CALEA section 107(c) are classified as
\"permit but disclose\" proceedings for purposes of the Commission\'s ex
parte rules. *See generally* 47 C.F.R. §§ 1.1200-1.1216. As a \"permit
but disclose\" proceeding, ex parte presentations will be governed by
the procedures set forth in section 1.1206 of the Commission\'s rules
applicable to non-restricted proceedings, 47 C.F.R. § 1.1206. Parties
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must contain a summary of the substance of
the presentation and not merely a listing of the subjects discussed.
More than a one or two sentence description of the views and arguments
presented is generally required. *See* 47 C.F.R. § 1.1206(b)(2). Other
rules pertaining to oral and written presentations are set forth in
section 1.1206(b) as well.

For further information regarding these petitions, please contact Gayle
Radley Teicher of the Common Carrier Bureau, Network Services Division
at 202-418-1515, <gteicher@fcc.gov>**.**

**FCC**

[^1]: On June 30, 2000, the Wireless Telecommunications Bureau granted
    preliminary extensions to wireless carriers seeking extensions of
    the deadline for complying with CALEA section 103 until March 31,
    2001. *See*
    [www.fcc.gov/wtb/csinfo/ReportCALEA-001a.doc]{.underline}

[^2]: 47 U.S.C. § 1006(c)(2).