**DA 06-2511**

**December 14, 2006**

**OMB Control Number 3060-0809**

> **OMB APPROVES NEW INFORMATION COLLECTION PROCEDURES ASSOCIATED WITH
> CALEA SECTION 107(c) EXTENSION PETITIONS AND CALEA SECTION 109(b)
> COST-RECOVERY PETITIONS**

**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,* sets out new filing instructions in connection with section
107(c) and section 109(b) of the Communications Assistance for Law
Enforcement Act (CALEA), 47 U.S.C. §§ 1006(c) and 1008(b). Specifically,
the *CALEA Second Report and Order* imposes new requirements and
procedures regarding the filing of CALEA section 107(c)(1) compliance
extension petitions;[^2] requires every telecommunications carrier with
a pending section 107(c)(1) petition currently on file to a file a
letter that attests that its petition exclusively concerns equipment,
facilities, or services installed or deployed prior to October 25, 1998
("attesting letter");[^3] and sets out requirements and procedures
regarding the filing of CALEA section 109(b)(1) cost recovery
petitions.[^4]

The *CALEA Second Report and Order* noted that the effective date for
the new CALEA section 107(c) and 109(b)(1) information collection
requirements was subject to Office of Management and Budget (OMB)
approval,[^5] which was granted on December 12, 2006.[^6]

***Compliance.*** The new CALEA section 107(c) and 109(b) requirements
are effective immediately. All attesting letters concerning pending
section 107(c)(1) petitions currently on file with the Commission must
be filed no later than **February 12, 2007**. Thereafter, the Commission
will dismiss all pending section 107(c)(1) petitions that include
***any*** equipment, facilities, or services deployed on or after
October 25, 1998 as well as all pending section 107(c)(1) petitions for
which attesting letters are not received. A telecommunications carrier
that believes it continues to qualify for section 107(c)(1) extension
relief pursuant to rule requirements adopted in the *CALEA Second Report
and Order* may file a new section 107(c)(1) petition, but only if such
petition exclusively concerns equipment, facilities, or services
installed or deployed before October 25, 1998.

The Commission reiterates that any provider seeking cost recovery
pursuant to section 109(b)(1) faces a high burden to obtain relief.[^7]
*Inter alia*, a provider must demonstrate: (1) that it undertook active
and sustained efforts ("due diligence") to come into compliance with
assistance capability requirements mandated by CALEA section 103, and
(2) that compliance could not reasonably be achieved without significant
difficulty or expense.[^8] As noted in the *CALEA Second Report and
Order*, the Commission expects that providers of newly covered services
will utilize the full 18-month period ending May 14, 2007, to actively
promote the development of CALEA standards and their own compliance, and
expects that few if any petitioners will be able to successfully
demonstrate that due diligence necessary to support a CALEA section
109(b)(1) petition if it is filed before May 14, 2007.[^9] The
Commission also reiterates that it will not accept jointly-filed CALEA
section 109(b)(1) petitions (*i.e.*, a single petition filed on behalf
of multiple carriers) due to the fact-specific nature of the inquiry
required by the CALEA statute.[^10] Finally, the Commission once again
emphasizes that, unlike a CALEA section 107(c) petition, a CALEA section
109(b)(1) petition *does not* provide an extension of the mandated CALEA
compliance date. Thus, filing a section 109(b)(1) petition does not
prevent enforcement of CALEA compliance requirements either by the
Commission or by the Department of Justice (DOJ).

***Filing Procedure*.** All CALEA section 107(c)(1) and 109(b)(1)
petitions and attesting letters regarding pending section 107(c)(1)
petitions filed pursuant to this Public Notice must reference ET Docket
No. 04-295.

-   Parties 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 we continue to experience delays in receiving
    U.S. Postal Service mail). All filings must be addressed to the
    Commission's 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, 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.

-   The Commission believes that CALEA section 107(c)(1) and section
    109(b)(1) petitions and attesting letters are entitled to
    confidential treatment under the Freedom of Information Act (FOIA)
    and the Commission's rules.[^11] Parties filing such documents
    should clearly mark each filed copy "Confidential - Not for Public
    Inspection."

Parties also should send a copy of their filings to:

-   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.* Appendix F.

[^3]: *Id.* at 5388 ¶ 62.

[^4]: *Id.* Appendix E.

[^5]: *Id.* at 5374 ¶ 30.

[^6]: The Commission also will announce this approval by notification in
    the Federal Register.\`

[^7]: *CALEA Second Report and Order*, 21 FCC Rcd at 5374 ¶ 30.

[^8]: *Id.* at 5373 ¶ 28.

[^9]: *Id.* at 5383 ¶ 52.

[^10]: *Id.* at 5386 ¶ 56.

[^11]: *Id.* at 5386-87 ¶ 57.