**FCC 00-154**

Released: April 25, 2000

# 

**CALEA Section 103 Compliance**

**and Section 107(c) Petitions**

## CC Docket No. 97-213

1.  This *Public Notice* provides instructions for carriers that may
    need to file with the Commission petitions for extension of the
    deadline for complying with the capability requirements of section
    103 of the Communications Assistance for Law Enforcement Act
    (CALEA), as provided by CALEA section 107(c).[^1] As explained
    below, CALEA-compliant equipment and software has not become
    available as extensively as industry had expected in 1998. This
    might make it necessary for some carriers to file petitions to
    extend the compliance deadline. We are mindful that these filings
    will represent a burden on carriers, despite their best efforts to
    comply with the CALEA requirements. To lighten this burden as much
    as practicable, we have provided below a sample extension petition
    (Appendix A to this *Public Notice*) and line-by-line instructions
    for drafting a petition. In addition, we encourage carriers to file
    joint petitions with other similarly situated carriers, either via
    trade associations or ad hoc groups, and to participate in the FBI's
    Flexible Deployment Program.

2.  **CALEA Capability Requirements**. CALEA was enacted in 1994 in
    order to enable law enforcement officials to conduct electronic
    surveillance effectively and efficiently in the face of rapid
    advances in telecommunications technology.[^2] Section 103 of CALEA
    ("assistance capability requirements") requires all
    telecommunications carriers to ensure that their facilities,
    equipment and services are capable of providing surveillance upon
    proper request of a law enforcement agency.[^3]

3.  **CALEA Capability Deadline**. All telecommunications carriers
    (carriers)[^4] must comply with CALEA section 103 by June 30,
    2000.[^5] If compliance is not reasonably achievable through
    application of available technology, the Commission may, upon
    petition by a carrier, grant an extension of up to two years
    pursuant to CALEA section 107(c), 47 U.S.C. § 1006(c). However,
    carriers that fail to comply with section 103 by the deadline
    [and]{.underline} fail to obtain an extension from the Commission
    (non-complying carriers) are subject to enforcement action under
    section 108 of CALEA.[^6] Carriers have an obligation to comply with
    section 103 by June 30, 2000, and, only if the need arises, they may
    file petitions with the Commission for extensions pursuant to the
    instructions contained herein.[^7]

**I. General Instructions**

4.  **Consultation with the FBI**. CALEA section 107(c)(2) requires the
    Commission to consult with the Attorney General when determining
    whether an extension of the compliance deadline is warranted.[^8]
    The Attorney General has delegated responsibility for CALEA to the
    Director of the Federal Bureau of Investigation (FBI). *See* 28
    C.F.R. § 0.85(o) (1999). As noted in paragraph 6 below, under
    certain circumstances a carrier's participation in the FBI's
    Flexible Deployment Program will satisfy the statutory requirement
    for the Commission to consult with the Attorney General.

5.  **Requirements for Extensions under Section 107(c)**. In order for
    the Commission to grant a carrier's petition for extension filed
    pursuant to section 107(c), the Commission must find that
    "compliance with \[section 103's\] assistance capability
    requirements . . . is not reasonably achievable through application
    of technology available within the compliance period."[^9]
    Petitioning carriers bear the burden of providing the information
    necessary for the Commission to make this finding.[^10] After
    receiving information from a petitioning carrier and consulting with
    the FBI, the Commission may grant or deny the petition. In granting
    the petition, the Commission can extend the compliance deadline no
    longer than two years from the date of grant.[^11]

6.  **The FBI's Flexible Deployment Program and the FCC's CALEA Section
    107(c) Petition Process**. A procedure established by the FBI as
    part of its deployment program can assist us in processing extension
    requests filed pursuant to section 107(c). The FBI has provided all
    telecommunications carriers an opportunity to participate in a
    Flexible Deployment Program, under which the FBI will review carrier
    extension proposals in light of the CALEA priorities of law
    enforcement agencies.[^12] For carriers serving geographic areas
    that do not have a history of demand by law enforcement for
    electronic surveillance services, the FBI may advise the Commission
    that extensions of the section 103 compliance deadline for these
    carriers would not unduly threaten the public safety. As a result, a
    carrier's participation in the FBI's Flexible Deployment Program
    enables the Commission to satisfy its statutory obligation to
    consult with the FBI, and assists the Commission in establishing the
    length of the petitioning carrier's extension based upon reasonable
    achievability. Accordingly, we encourage all carriers seeking
    extensions of the June 30, 2000 deadline to participate in the FBI's
    Flexible Deployment Program prior to filing a section 107(c)
    petition with the Commission.

7.  The FBI has encouraged carriers choosing to participate in the
    Flexible Deployment Program to submit proposed deployment schedule
    information by March 31, 2000, but has agreed to accept schedules
    submitted after that date. We expect that participation by carriers
    in the program will expedite and significantly aid the Commission in
    its statutory obligation to consult with the FBI on individual
    carriers' section 107(c) petitions.

8.  **CALEA Section 107(c) Petition Categories**. All section 107(c)
    petitions must contain certain basic information, including the
    identity of the carrier's switching equipment (by manufacturer;
    type, make and model; software version or generic currently
    operating; Common Language Location Identification (CLLI) Code and
    geographic areas served; and the date or dates that the equipment
    will become compliant with section 103, to the extent such
    information is available to the carrier)[^13] and a brief statement
    or showing as to why the extension is necessary. Upon receipt of a
    section 107(c) petition, the Commission will place it in one of four
    categories, depending on what additional information is supplied:

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a)  **Category A**: Petitions accompanied by a letter from the FBI's
    Flexible Deployment Program supporting the carrier's extension
    request based upon the deployment schedule the petitioning carrier
    submitted to the FBI (either originally or as amended). Commission
    staff should be able to process these Category A petitions more
    expeditiously than others.

b)  **Category B**: Petitions accompanied by a letter from the FBI's
    Flexible Deployment Program acknowledging receipt of a proposed
    deployment schedule from the petitioning carrier. Final Commission
    action on these Category B petitions will be deferred until the FBI
    has completed its consideration of the proposal. If the FBI approves
    the schedule, the petition will be reclassified as a Category A
    petition. If the FBI disapproves the schedule, the petition will be
    reclassified as a Category C or D petition, and the petitioning
    carrier must file with the Commission the additional information
    described below within 45 days of the date of the FBI letter
    disapproving the proposed CALEA deployment schedule.

c)  **Category C**: Petitions from carriers that choose not to
    participate in the FBI's Flexible Deployment Program, but can
    provide evidence from their equipment manufacturers that the
    carriers cannot obtain and activate CALEA-compliant features by June
    30, 2000. These Category C petitions must include: (1) proof in the
    form of a letter from each of its switching equipment manufacturers,
    identifying itself as the equipment manufacturer for the petitioning
    carrier, and asserting that the section 103 compliance solutions
    will not be tested and installed for that carrier by the June 30,
    2000 compliance date; and (2) a statement from each manufacturer
    that identifies the installment dates that it has negotiated with
    the petitioning carrier, stating when compliance with section 103
    will be accomplished, broken down by switch platform if the
    petitioning carrier's recommended compliance date differs by switch
    platform. Letters from manufacturers submitted by carriers must
    include the name, title, and telephone number of the manufacturer's
    employee or officer who signed the letter, so that the Commission
    can verify the information contained therein. We also encourage
    Category C petitioners to include an explanation as to why they
    chose not to participate in the FBI's program.[^14]

d)  **Category D**: Unlike petitions in Categories A, B or C, petitions
    in "catchall" Category D will lack some of the elements that the
    other category petitions contain in support of their section 107(c)
    showings (*e.g.*, participation in the FBI's Flexible Deployment
    Program, letters from manufacturers committing to installation
    dates). Accordingly, Category D petitions must provide alternative
    information sufficient for the Commission to find that section 103
    compliance is not reasonably achievable through application of
    technology within the compliance period. At a minimum, a
    petitioner's showing must identify the manufacturers of the
    carrier's equipment; provide the names, addresses and telephone
    numbers of the manufacturers' representatives; provide, if
    available, the date when CALEA-compliant equipment will be tested
    and installed; and include a brief explanation as to why the
    information contained in paragraph 8(c) above is not available at
    this time. We also encourage Category D petitioners to include an
    explanation as to why the carrier chose not to participate in the
    FBI's Flexible Deployment Program.

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9.  **Final Determination under CALEA Section 107(c)**. The Commission
    intends to make every effort to reach a final determination on all
    petitions by March 31, 2001. If the Commission dismisses or denies a
    petition, the Commission will grant the carrier a temporary
    extension of 45 days from the date of the letter or order conveying
    the decision for the carrier to come into compliance with section
    103, file a complete and accurate petition, or seek other remedies
    (as specified in the decision).

10. **Preliminary Determination under CALEA Section 107(c).** In view of
    the likelihood that, prior to June 30, 2000, the Commission will not
    be able to render a final determination on all timely filed
    petitions for extensions of the compliance deadline, the Commission
    may render a preliminary determination on extensions if certain
    petitioners satisfy the requirements of section 107(c), under either
    one of the following circumstances:

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a)  **Category A or B petitions**: The petitioner has chosen to
    participate in the FBI's Flexible Deployment Program, and has filed
    a fully completed extension petition with the Commission by May 31,
    2000, along with a copy of the letter from the FBI acknowledging
    receipt of its proposed deployment schedule or approving its
    schedule; OR

b)  **Category C petitions**: The petitioner does not seek to
    participate in the FBI's Flexible Deployment Program, but has
    obtained agreement from its equipment manufacturers to supply
    equipment permitting the petitioner to come into CALEA compliance by
    a date certain. A fully completed extension petition must be filed
    with the Commission by May 31, 2000, along with letters from the
    equipment manufacturers setting forth information evidencing such
    agreement, as specified in paragraph 8(c) of these General
    Instructions.

Petitioners who supply the above-described materials will be deemed to
have provided sufficient information to permit the Commission to make a
preliminary and expeditious determination that compliance with the
current deadline is not reasonably achievable through application of
technology available within the compliance period. Accordingly, such
petitioners may receive up to a nine-month extension of time to comply
with section 103 -- until March 31, 2001 -- or until superseded by a
final determination, if they file and substantiate their requests, as
described above, by May 31, 2000. In the event a category B petitioner
receives notice from the FBI rejecting or modifying its proposed CALEA
deployment schedule after the June 30, 2000 deadline, the Commission
will end petitioner\'s preliminary determination extension 45 days from
the date of the FBI\'s notice. If the petitioner files with the
Commission an amended petition that satisfies the requirements of
paragraphs 8(c) or 8(d) above before the 45-day extension expires, the
preliminary determination extension may be restored.

11. Category D petitioners may also receive a preliminary determination
    under CALEA section 107(c), resulting in similar extensions of time,
    under similar conditions. The grant of such determination, however,
    cannot be presumed by the filing of a petition. Rather, the carrier
    must include with its petition, under separate heading, a request
    and justification for a preliminary determination. The Commission
    will decide whether to extend preliminary determination extension
    treatment on a case-by-case basis, and will notify such petitioners
    of its decision as soon as possible. To ensure consideration of a
    request for such a preliminary determination prior to June 30, 2000,
    the fully completed petition (including the alternative information)
    must be filed with the Commission by May 31, 2000.

12. **Confidential Treatment of CALEA Capability Compliance
    Information**. Pursuant to section 0.457(g) of the Commission's
    rules, the detailed information provided by petitioning carriers to
    enable the Commission to find that section 103 compliance by the
    deadline is not reasonably achievable, will not be made routinely
    available for public inspection.[^15] Information not available for
    public inspection includes that which correlates switch locations,
    types, software and expected CALEA compliance dates. Petitioning
    carriers need not expressly request confidential treatment in order
    that the information submitted with their petitions be withheld from
    public disclosure.[^16] However, they must segregate the
    confidential information in an attachment(s) to the petition, and
    mark those attachments, "Confidential -- Not for Public Inspection."

**II. Petition Drafting Instructions**

13. **Line-by-Line Instructions for Drafting Extension Petitions (please
    refer to Appendix A of this Public Notice)**:

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a)  Carrier, affiliate, and location information. The heading of the
    petition should clearly state the carrier's name and Telephone Relay
    Service (TRS) identification code; identify the filing as a CALEA
    extension petition; and indicate whether the facilities covered by
    the petition are wireline (Common Carrier Bureau or CCB),
    terrestrial wireless (Wireless Telecommunications Bureau or WTB),
    cable (Cable Services Bureau or CSB), or satellite (International
    Bureau or IB) (*see infra* para. 15).

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1)  Carriers that are parent, holding or affiliate companies of other
    carriers may include the TRS numbers of all of their affiliates on
    the same petition. If, however, the affiliates are regulated by more
    than one FCC Bureau, we would encourage separate petitions. For
    example, if a local exchange carrier (LEC) has a Commercial Mobile
    Radio Service (CMRS) carrier affiliate using terrestrial wireless
    facilities, it may file a separate petition for the LEC with the
    Common Carrier Bureau, and a separate petition for the CMRS carrier
    with the Wireless Telecommunications Bureau. If the affiliate does
    not have its own TRS number, the TRS number of the parent, holding
    or affiliated carrier may be used.

2)  Carriers with affiliates and subsidiaries that rely on one or more
    carriers for switching services, such as host switching services,
    should be listed on the same petition with the carriers that provide
    to them the switching services. For example, carrier "X" possesses
    the host switching platform for carriers "Y" and "Z," who serve
    their customers with services from switching facilities that are
    engineered to be remote switching facilities off of carrier "X's"
    host switching platform. Since the remote switches used by carriers
    "Y" and "Z" utilize the stored program control features of carrier X
    to send and receive traffic on behalf of their subscribers, the
    CALEA solution for carriers "Y" and "Z" are reliant upon CALEA
    compliance by carrier "X." Thus, carriers "Y" and "Z" must file
    their petitions along with the petition from carrier "X," because
    compliance by carrier "X" equals compliance by carriers "Y" and "Z."

3)  Carriers may obtain their TRS codes from the FCC's *Carrier
    Locator*, January 2000, edition, by downloading the appropriate
    files (LOCAT-99.ZIP and LOCAT-99.PDF) from the FCC-State Link
    internet site at <http://www.fcc.gov/ccb/stats>. Carriers may also
    purchase a hard copy by calling the International Transcription
    Service, Inc., at (202) 857-3800.

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b)  All petitions must list the equipment, facilities and services that
    are the subject of the extension petition. The switch-specific
    information should be placed in an attachment to the petition, and
    referenced in the petition's text (*e.g.,* "See Attachment A for a
    list of switching platforms and their locations for which an
    extension is requested.") The attachment must be marked at the top
    of each page: "Confidential -- Not For Public Disclosure" pursuant
    to the instructions in paragraph 12, above.

c)  All petitions must specify the length of extension requested. If the
    desired extensions vary by carriers, subsidiary, affiliate or switch
    platform, place the requested extensions in an attachment to the
    petition, and reference the attachment (*e.g*., "Petitioner requests
    various extensions explained in Attachment A to this petition.").
    Carriers should include enough time to purchase, test, and install
    hardware and software required for CALEA compliance. Under section
    107(c)(3) of CALEA, the Commission cannot grant extensions longer
    than two years. Should a Flexible Deployment schedule involve
    periods longer than two years, the carrier should take note of the
    end of the extension period and seek a further extension at that
    time; CALEA sections 107(b)(5) and 109(b) provide carriers with
    additional options.

d)  All petitions must explain why the carrier could not obtain
    equipment and software in sufficient time to be CALEA-compliant by
    June 30, 2000 (see paragraph 8, above).

e)  For Category A, B and C petitions, include a copy of the FBI's
    letter accepting the carrier's deployment schedule, or a copy of the
    FBI's letter confirming the carrier's participation with the FBI's
    Flexible Deployment Program, or the letters from equipment
    manufacturers, as described in paragraph 8 above. The letters should
    be marked at the top: "Confidential -- Not For Public Disclosure."

f)  The final paragraph must contain contact information: name,
    telephone number, FAX number, address, and e-mail address of the
    employee or officer authorized to negotiate CALEA-related matters
    with the Commission.

    **III. Filing Instructions**

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14. **Consolidation of Petitions**. We encourage joint filings by
    similarly situated carriers, and single filings by parent and
    holding companies that include their subsidiary and affiliate
    carriers, to minimize the number of petitions filed. Similarly, we
    believe that filings by trade associations or other industry groups
    may be particularly helpful in consolidating information, lessening
    the burden on carriers, and facilitating prompt resolution by the
    Commission. We would encourage industry groups to list carriers
    using similar equipment, rather than having each carrier file
    separate petitions. However, in responding to these consolidated
    petitions, the Commission reserves the right to act on the petitions
    in whole or in part and may request additional information from
    individual carriers if the need arises.

15. Section 107(c) petitions will generally be processed by staff of the
    operating Bureaus that oversee the type of facilities involved.
    Thus, while we urge carriers to consolidate their filings to the
    greatest extent possible, we also encourage those that have
    wireline, wireless, cable and satellite operations to file separate
    petitions covering their operations in each of these four
    categories, to facilitate processing by the respective responsible
    Bureaus (*see supra* para. 13a).

16. **Time for Filing.** There is no deadline for filing section 107(c)
    petitions, but petitions filed after May 31, 2000 will not qualify
    for preliminary determination extensions. Category A and B
    petitioners are encouraged to file CALEA section 107(c) petitions
    with the Commission as soon as they receive the FBI letter accepting
    the petitioning carrier's deployment schedule.

17. Since manufacturers are still developing CALEA compliance solutions
    for the six additional punch list items (*see supra* note 3), we
    will not consider at this point petitions for extension of the
    September 30, 2001, deadline for compliance with the punch list
    items.

18. **Method of Filing**. Petitioning carriers should file an original
    and five (5) copies with the Secretary, Federal Communications
    Commission, 445 12^th^ Street, SW, Washington, D.C. 20554.
    Petitioners should also file a 3½" diskette containing an electronic
    copy of the petition and its attachments with the Commission
    (Microsoft Word version 6.0 or later, or Adobe PDF format), along
    with the paper copies.

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a)  The Secretary will deposit one of the paper copies in a drop box
    established for the FBI. The FBI will dispatch a courier to pick up
    the petition copies from the drop box.

b)  Petitioning carriers may [not]{.underline} file their petitions with
    the Commission electronically. The Commission is currently not
    equipped with encryption capability to ensure the confidential
    treatment of information as it is transmitted to the FCC.[^17]

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19. **Public Notice.** Upon receipt of a petition, the Commission will
    issue a public notice announcing the filing and specifying a date by
    which comments regarding the petition may be submitted. All comments
    should be served on the carrier, and an extra copy filed with the
    Commission for the FBI. As noted in paragraph 12 above, the
    information provided by petitioners to substantiate their requests
    will not be made routinely available for public inspection, and
    petitioners do not need to request confidential treatment
    separately. Parties seeking access to such information must request
    such access pursuant to 47 C.F.R. § 0.461 of the Commission's rules.

20. **Ex Parte Treatment.** 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.

21. **Further information**. For further information concerning
    petitions under section 107(c) of CALEA, contact David Ward (Common
    Carrier Bureau), 202-418-2336, \<doward@fcc.gov\>; James Heimbach
    (Cable Services Bureau), 202-418-0055 \<jheimbac@fcc.gov\>; Karl
    Kensinger (International Bureau), 202-418-0773 \<kkensing@fcc.gov\>;
    or John Spencer (Wireless Telecommunications Bureau), 202-418-1310
    \<jspencer@fcc.gov\>.

Action by the Commission on April 21, 2000. Commissioner Furchtgott-Roth
concurring and issuing a statement. Commissioner Ness issuing a
statement.

\- FCC -

### Appendix A: Sample CALEA Section 107(c) Petition

**Before the**

**Federal Communications Commission**

**Washington, D.C.**

In the Matter of: )

)

The Communications Assistance ) (Name of Petitioner, or Parent)

For Law Enforcement Act (CALEA), ) (Names of Petitioner Subsidiaries)

Section 107(c) Extension of Capability ) (TRS Number(s) of Petitioner)

Requirements ) (*Choose one*: CCB, CSB, IB, WTB)

#### PETITION FOR EXTENSION

\[TEMPLATE\]

1\. (Name of Petitioner-Parent, and each subsidiary or affiliate that
the Petitioner-Parent represents) (or in the case of joint or
consolidated petitions, the names of the carriers), hereinafter
"Petitioner," hereby requests an extension of CALEA section 103
capability requirements, 47 U.S.C. § 1002, pursuant to CALEA section
107(c), 47 U.S.C. § 1006(c).

2\. Explanation as to why the carrier could not obtain equipment and
software in sufficient time to be operational by June 30, 2000.

3\. Petitioner requests an extension for the equipment, facilities and
services listed in Attachment A, as stated therein.

4\. Petitioner attaches the following information to support its
petition for an extension under CALEA section 107(c):

a.  For Category A petitions, petitioner must attach the letter from the
    FBI's Flexible Deployment Program that contains the FBI's
    recommendation regarding the extension's length, and the new
    compliance date.

b.  For Category B petitions, petitioner must attach the letter from the
    FBI's Flexible Deployment Program that contains a confirmation from
    the FBI that the petitioning carrier filed information with the
    FBI's Flexible Deployment Program.

c.  For Category C petitions, petitioner must attach the letters from
    all of its manufacturers, and provide the information described in
    paragraph 8(c) (General Instructions).

d.  For Category D petitions, petitioner must attach information
    described in paragraph 8(d) (General Instructions).

5\. The final paragraph must contain contact information: name,
telephone number, FAX number, address, and e-mail address of the
employee or officer authorized to discuss CALEA-related matters with the
Commission.

6\. The petition must be signed by an officer or employee designated by
the carrier to be responsible for its content. If the petition is filed
on behalf of multiple carriers, it may be signed by an agent of those
carriers, such as a trade association representative, who is authorized
by each carrier listed on the petition to verify the accuracy of the
information provided.

7\. Attachments or appendices containing confidential information as
described in paragraph 12 (General Instructions) must be marked at the
top of each page: "Confidential -- Not For Public Disclosure."

[^1]: 47 U.S.C. §§ 1002 and 1006(c), respectively.

[^2]: The Commission has adopted several orders implementing CALEA.
    Additional information is posted on the Commission's Internet site
    at \<www.fcc.gov/wtb/csinfo/calea.html\>.

[^3]: For wireline, cellular and broadband PCS carriers, the Commission
    has adopted capability standards developed by a committee of the
    Telecommunications Industry Association, *Interim Standard, Lawfully
    Authorized Electronic Surveillance, J-STD-025,* Telecommunications
    Industry Association Standards Committee, Subcommittee TR45.2,
    adopted December 8, 1997 (J-STD-025). *See* 47 C.F.R. § 64.2203 for
    wireline carriers, 47 C.F.R. § 22.1103 for cellular carriers, and 47
    C.F.R. § 24.903 for PCS carriers. In response to a joint petition
    from the DOJ and the FBI, the Commission has ordered an expansion of
    the J-STD-025 interim standard to include an additional six
    capabilities, labeled the "punch list" items; these wireline,
    cellular and broadband PCS carriers have until September 30, 2001,
    to provide the six additional punch list capabilities.
    Communications Assistance for Law Enforcement Act, *Third Report and
    Order*, 14 FCC Rcd 16794, 16819 and 16849 (1999) (*Third Report and
    Order), appeals docketed, United States Telecommunications
    Association, et al. v. FCC,* Nos. 99-1442 *et al*. (D.C. Cir. 1999).

[^4]: For purposes of CALEA, the Commission has generally defined the
    term "telecommunications carrier" to mean an entity providing a
    common carrier service. *See* Communications Assistance for Law
    Enforcement Act, *Second Report and Order*, CC Docket No. 97-213,
    FCC 99-229, ¶¶ 6-29 (rel. Aug. 31, 1999).

[^5]: The original statutory deadline for compliance with section 103
    was October 25, 1998. 47 U.S.C. § 1001 note. In September 1998 the
    Commission responded to carrier extension petitions filed pursuant
    to section 107(c) by extending the compliance deadline until June
    30, 2000. It found that "manufacturers should be able to produce
    equipment that will be generally available for carriers to meet the
    section 103 capability requirements by December 31, 1999," and that
    "carriers require an additional period of time to purchase, test and
    install such equipment and facilities throughout their networks."
    Petition for the Extension of the Compliance Date under Section 107
    of the Communications Assistance for Law Enforcement Act,
    *Memorandum Opinion and Order*, 13 FCC Rcd 17990, 18017-18 (1998)
    (*MO&O*).

[^6]: 18 U.S.C. § 2522(c)(1) provides for fines of up to \$10,000 for
    each day of non-compliance. Non-complying carriers may also be
    subject to additional civil penalties as a result of lawsuits
    brought by citizens and their families injured by crimes that could
    have been prevented if the carrier had complied with CALEA section
    103.

[^7]: We also note that with respect to equipment, facilities, or
    services deployed after January 1, 1995, a carrier may be deemed in
    compliance with the assistance capability requirements of section
    103 if (a) the Commission, upon petition by a carrier, has
    determined that compliance is not reasonably achievable for such
    equipment, facilities or services, in light of the significant
    difficulty or expense on the carrier or on the users of the
    carrier's systems, [and]{.underline} (b) the Attorney General, upon
    the carrier's application, fails to agree to pay the carrier for the
    additional reasonable cost of making compliance with such assistance
    capability requirements reasonably achievable. CALEA section 109(b),
    47 U.S.C. § 1008(b). The Commission must consider eleven factors in
    reaching its section 109(b) determination, which must be made within
    a year after the carrier files its petition. *Id*. Given this
    timeframe and the fact that the filing of a section 109 petition
    does not automatically stay compliance with section 103
    requirements, it is likely that carriers facing the June 30, 2000
    deadline run the risk of failing to comply with section 103 unless
    they either come into compliance or obtain a section 107 extension
    of time by that date.

[^8]: 47 U.S.C. § 1006(c)(2).

[^9]: *Id.* While the operative phrase "not reasonably achievable
    through application of technology available within the compliance
    period" is not defined in the statute or in the Congressional Record
    with greater specificity, Congress indicated that "reasonable"
    included consideration for the evolutionary introduction of new
    technology by telecommunications carriers in the normal course of
    business. *See, e.g.*, 140 Cong. Rec. H-10770 (daily ed. October 7,
    1994) (statement of Rep. Brooks), and H-10780 (daily ed. October 7,
    1994) (statement of Rep. Hyde). Accordingly, for each petitioning
    carrier the Commission will consider in addition to the availability
    of CALEA-compliant equipment and software, other factors such as the
    manufacturers' schedule to install and test the CALEA-compliant
    equipment, and the proximity of CALEA compliance to other network
    upgrades required by the petitioning carrier.

[^10]: 5 U.S.C. § 556(d).

[^11]: 47 U.S.C. § 1006(c)(3).

[^12]: Carriers can download an electronic Flexible Deployment
    Assistance Guide Template from the FBI's website at
    [http://www.fbi.gov](http://www.fbi.gov/). Upon entering the site,
    proceed to the CALEA link through the available index
    (<http://www.fbi.gov/programs/calea/calea.htm>). The Flexible
    Deployment Assistance Guide page is available by selecting the
    Flexible Deployment Assistance Guide hyperlink. Carriers may also
    call the FBI's CALEA Flexible Deployment Assistance Guide Help Desk
    at 800-551-0336.

[^13]: This information may be provided to the Commission with the same
    template used by the FBI's Flexible Deployment Program. *See infra*
    para. 12 for a discussion of the need to protect sensitive
    information from routine public disclosure.

[^14]: Such explanations could provide information that could improve
    Commission coordination with the Flexible Deployment Program.

[^15]: 47 C.F.R. § 0.457(g). Note, however, that the Commission will
    entertain requests under section 0.461 of its rules for permission
    to inspect these records, but would grant such request only in the
    event the requester is able to meet the requirements of section
    0.461. 47 C.F.R. § 0.461. *See generally*, Treatment of Confidential
    Information Submitted to the Commission, *Report and Order*, 13 FCC
    Rcd 24816 (1998).

[^16]: 47 C.F.R. § 0.459(a).

[^17]: Electronic Filing of Documents in Rulemaking Proceedings,
    *Order*, 13 FCC Rcd 11,322 (1998).