**DA 07-2522**

> **Released: June 21, 2007**

**PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ACTION**

**PLEADING CYCLE EXTENDED IN THE MATTER OF PETITION FOR EXPEDITED
RULEMAKING TO ESTABLISH TECHNICAL REQUIREMENTS AND STANDARDS PURSUANT TO
SECTION 107(b) OF THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT
(CALEA)**

**RM-11376**

**Comments Due: July 25, 2007**

**Reply Comments Due: September 25, 2007**

On May 15, 2007, the United States Department of Justice, the Federal
Bureau of Investigation, and the Drug Enforcement Administration
("Petitioners") filed a "Petition for Expedited Rulemaking" requesting
the Commission to initiate a proceeding to find that the J-STD-025-B
standard published jointly by the Telecommunication Industry Association
and the Alliance for Telecommunications, is deficient pursuant to
Section 107(b) of the Communications Assistance for Law Enforcement Act
("CALEA"), 47 U.S.C. 1006(b).[^1] Petitioners specifically contend that
four additional or modified intercept capabilities must be included in
the J-STD-025-B with respect to CDMA2000 packet data wireless services,
pursuant to the requirements of CALEA Section 103(a), 47 U.S.C. §
1002(a). These capabilities are: packet activity reporting; provision of
more granular mobile handset location information at the beginning and
end of a communication; service quality, including security, performance
and reliability requirements; and timing information (time stamping).
Petitioners ask the Commission to mandate these capabilities, adopt
appropriate rules, and order telecommunications carriers to provide the
capabilities within twelve months after the effective date of a final
Commission order.

Petitioner's CALEA Section 107(b) filing requires the Commission to
undertake a detailed analysis of complex technical and legal issues
associated with each of the four intercept capabilities identified in
the petition. Although the Commission appreciates the need to move
quickly to address the petition, it is essential that commenters have
the opportunity to develop a full and detailed record for the
Commission's consideration. Accordingly, on its own motion and pursuant
to delegated authority, the Public Safety and Homeland Security Bureau
hereby extends the comment and reply comment filing dates in the
above-referenced matter as follows: interested parties may file comments
on or before **July 25, 2007** and reply comments on or before
**September 25, 2007**. *See* 47 U.S.C. § 154(i); 47 C.F.R. §§ 0.191,
and 0.392.

The Commission expects that all parties will fully utilize this
opportunity to carefully and completely address in their filed comments
all relevant issues. The Commission reiterates, however, its desire to
expeditiously address Petitioners' request. No additional extensions of
comment and reply comment dates should be expected.[^2]

All comment and reply comment filings should refer to **RM-11376**.
Comments and reply comments may be filed by using (1) the Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. *See* Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

-   Electronic Filers: Comments and reply comments may be filed
    electronically using the Internet by accessing the ECFS:
    <http://www.fcc.gov/cgb/ecfs> or the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, in completing the transmittal screen, filers should
    include their full name, U.S. Postal Service mailing address, and
    the rulemaking number. Parties may also submit an electronic comment
    by Internet e-mail. To get filing instructions, filers should send
    an e-mail to <ecfs@fcc.gov> and include the following words in the
    body of the message: "get form." A sample form and directions will
    be sent in response.

-   Paper Filers: Parties who choose to file by paper 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 the Commission continues to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to:
Secretary, Office of the Secretary, Federal Communications Commission.

-   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, D.C. 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 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, M.D. 20743.

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

-   People with Disabilities: 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).

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Washington, D.C. 20554. Parties should also send a copy
of their filings to David O. Ward, Senior Attorney, Public Safety and
Homeland Security Bureau, Federal Communications Commission, Room
7-A623, 445 12th Street, SW, Washington, D.C. 20554, or by e-mail to
<David.Ward@fcc.gov>. Parties must also serve one copy with the
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554,
(202) 488-5300, or via e-mail to <fcc@bcpiweb.com>.

Documents in RM-11376 are available for public inspection and copying
during business hours at the FCC Reference Information Center, Portals
II, 445 12th St. SW, Room CY‑A257, Washington, D.C. 20554. The documents
may also be purchased from BCPI, telephone (202) 488-5300, facsimile
(202) 488-5563, TTY (202) 488-5562, e-mail <fcc@bcpiweb.com>.

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

\- FCC -

[^1]: The petition appeared on Public Notice on May 25, 2007 and
    interested parties were afforded thirty days to file comments and
    sixty days to file replies. *See* Consumer & Governmental Affairs
    Bureau Reference Information Center Petition for Rulemakings Filed,
    *Public Notice*, Report No. 2816, Daily Digest (May 25, 2007).

[^2]: On June 8, 2007, CTIA -- The Wireless Association® ("CTIA") filed
    a "Request for Extension of Comment Deadlines," and on June 12,
    2007, the Telecommunications Industry Association ("TIA") filed a
    "Request for Extension of Time," both seeking a thirty (30) day
    extension of the comment and reply comment due dates, to July 25 and
    August 24, 2007. Our *sua sponte* extension of the filing deadlines
    renders these two requests moot.