#####  DA 00-2022

Released: September 1, 2000

**Comment Invited on CTIA Petition to Suspend**

**CALEA Compliance Date**

## (CC Docket No. 97-213)

1.  On August 23, 2000, the Cellular Telecommunications Industry
    Association ("CTIA") filed a petition to immediately suspend the
    September 30, 2001 compliance date for implementation of certain
    assistance capabilities under the Communications Assistance for Law
    Enforcement Act ("CALEA"). CTIA states that in view of the August
    15, 2000 decision by the United States Court of Appeals for the
    District of Columbia Circuit ("Court") to vacate and remand portions
    of the Commission's *Third Report and Order* in Docket 97-213, the
    Commission should suspend the September 30, 2001 compliance date to
    ensure an orderly and cost-efficient implementation of six "punch
    list" capabilities and a packet-mode communications capability
    required by the *Third Report and Order*. CTIA notes that the Court
    remanded to the Commission for further consideration only four of
    the six punch list capabilities. CTIA further notes that the Court
    generally upheld the Commission's decision with respect to the
    packet-mode communications capability, but that a report on
    packet-mode communications requested by the Commission in the *Third
    Report and Order* is scheduled to be submitted by the
    Telecommunications Industry Association no later than September
    30, 2000. Accordingly, CTIA contends that there is uncertainty
    within the telecommunications industry as to how to proceed with
    respect to the September 30, 2001 compliance date.

2.  We hereby solicit comment on the CTIA Petition, and establish the
    comment date as **September 15, 2000**. Comments may be filed using
    the Commission's Electronic Comment Filing System (ECFS) or by
    filing paper copies. To file formally, parties must file an original
    and four copies. If parties want each Commissioner to receive a
    personal copy of their comments, they must file an original plus
    nine copies. Parties should send comments to the Office of the
    Secretary, Federal Communications Commission, 445 12^th^ Street,
    S.W., Washington, D.C. 20554. Parties are also encouraged to file a
    copy of all pleadings on a 3.5-inch diskette in Word 97 format.

3.  Comments filed through the ECFS can be sent as an electronic file
    via the Internet to <http://www.fcc.gov/e-file/ecfs.html>.
    Generally, only one copy of an electronic submission must be filed.
    In completing the transmittal screen, commenters should include
    their full name, Postal Service mailing address, and the applicable
    docket number. Parties may also submit an electronic comment by
    Internet e-mail. To obtain filing instructions for e-mail comments,
    commenters should send an e-mail to <ecfs@fcc.gov>, and should
    include the following words in the body of the message: "get form
    \<your e-mail address." A sample form and directions will be sent in
    reply.

4.  The full text of the CTIA Petition is available for public
    inspection and copying during regular business hours at the FCC
    Reference Information Center, Portals II, 445 12^th^ Street, S.W.,
    Room CY-A257, Washington, D.C. 20554. This document may also be
    purchased from the Commission's copy contractor, International
    Transcription Service, Inc., 1231 20^th^ Street, NW, 20036,
    telephone 202-857-3800, facsimile 202-857-3805, TTY 202-293-8810.
    You may also view this document by accessing the ECFS at:
    <https://gullfoss2.fcc.gov/cgi-bin/websql/prod/ecfs/comsrch_v2.hts>

5.  This matter shall be treated as a "permit-but-disclose" proceeding
    in accordance with the Commission's ex parte rules. *See* 47 C.F.R.
    §§ 1.1200 and 1.1206. Persons making oral ex parte presentations are
    reminded that memoranda summarizing the presentations must contain
    summaries of the substance or the presentations and not merely a
    listing of the subjects discussed. More than a one or two sentence
    description of the views and arguments presented generally is
    required. *See* 47 C.F.R. § 1.1206(b). Other rules pertaining to
    oral and written ex parte presentations in permit-but-disclose
    proceedings are set forth in 47 C.F.R. § 1.1206(b).

6.  This action is taken pursuant to authority found in Sections 4(i)
    and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
    §§ 154(i) and 303(r); and pursuant to Sections 0.31 and 0.241 of the
    Commission\'s Rules, 47 C.F.R. §§ 0.31 and 0.241.

7.  For further information on the CTIA Petition, contact Rodney Small,
    Office of Engineering and Technology, 202-418-2452
    \<rsmall@fcc.gov\>.

\- By the Office of Engineering and Technology -