10110 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices

hereby orders that the application for a

DEA Certificate of Registration,

submitted by Barry S. Gleken, D.M.D.,

be, and it is hereby denied. This order

is effective February 23, 1995.

Dated: February 16, 1995.

Stephen H. Greene,

Deputy Administrator.

[FR Doc. 95–4334 Filed 2–22–95; 8:45 am]

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Federal Bureau of Investigation

Implementation of The

Communications Assistance for Law

Enforcement Act

AGENCY: Federal Bureau of

Investigation, Justice.

ACTION: Notice.

SUMMARY: The Federal Bureau of

Investigation (FBI) is providing notice of

initial steps being taken to implement,

on behalf of the Attorney General,

certain provisions in the

Communications Assistance for Law

Enforcement Act.

FOR FURTHER INFORMATION CONTACT:

Telecommunications Industry Liaison

Unit, (TILU), FBI, 1–800–551–0336.

SUPPLEMENTARY INFORMATION: On

October 25, 1994, the President signed

into law the Communications

Assistance for Law Enforcement Act

(Pub. L. 103–414) (the Act). This law

requires telecommunications carriers, as

defined in the Act, to ensure law

enforcement’s ability, pursuant to court

order or other lawful authorization, to

intercept communications

notwithstanding advanced

telecommunications technologies.

Under the Act, certain

implementation responsibilities are

conferred upon the Attorney General.

The Attorney General has, pursuant to

an Attorney General Order, as codified

at 28 CFR 0.85(o), delegated

responsibilities set forth in the Act to

the Director, FBI, or his designee. The

Director, FBI, has designated personnel

in the Engineering Section, Information

Resources Division, to carry out these

responsibilities.

To effectively implement this law, the

Engineering Section has established the

Telecommunications Industry Liaison

Unit (TILU) to specifically address the

responsibilities set forth in the Act.

TILU personnel will respond to

questions and inquiries concerning this

Act, and act as the designated contact

point for facilitating communication

with the telecommunications industry.

Definition of ‘‘Telecommunications

Carrier’’

The Act defines a

‘‘telecommunications carrier’’ as any

‘‘person or entity engaged in the

transmission or switching of wire or

electronic communications as a

common carrier for hire’’ (section

102(8)(A)), and includes any ‘‘person or

entity engaged in providing commercial

mobile service, (as defined in section

332(d) of the Communications Act of

1934, as amended (47 U.S.C. 332(d))’’

(section 102(8)(B)). This definition

includes but is not limited to local

exchange and interexchange carriers;

competitive access providers; resellers,

cable operators, utilities, and shared

tenant services to the extent that they

offer telecommunications services as

common carriers for hire; cellular

telephone companies; personal

communications services (PCS)

providers; satellite-based mobile

communications providers; specialized

mobile radio services (SMRS) providers,

and enhanced SMRS providers; and

paging service providers.

The definition does not include

persons or entities insofar as they are

engaged in providing information

services such as electronic publishing

and messaging services.

Capability Requirements

The Act requires telecommunications

carriers to ensure that, within four years

from the date of enactment, their

systems have the capability to meet the

assistance capability requirements as

described in section 103 of the Act. A

document entitled Law Enforcement

Requirements for the Surveillance of

Electronic Communications, clarifies

the generic law enforcement assistance

capability requirements set forth in the

Act and gives additional guidance to

telecommunications carriers. This

document is available upon request

from TILU.

Under section 107(a)(2) of the Act, a

carrier will be deemed to be in

compliance if it adheres to publicly

available technical requirements, feature

descriptions, or standards adopted by an

industry association or standard-setting

organization relevant to the Act.

Telecommunications carriers may also

develop their own solutions. In any

case, carriers must meet the

requirements set forth in section 103 of

the Act. If no such technical

requirements or standards are issued, or

if they are challenged as being deficient,

upon petition, the Federal

Communications Commission (FCC) has

authority to develop them through a

rule making.

Notice of Maximum and Actual

Capacity Requirements

Within one year after enactment, the

Attorney General is required to publish

in the Federal Register, and to provide

to appropriate telecommunications

industry associations and standardsetting organizations, notice of the

estimated electronic surveillance

capacity requirements as of October 24,

1998, as well as the estimated maximum

capacity required to accommodate such

surveillance thereafter.

Compliance, Payment, Enforcement,

Exemption, Extensions, Consultation,

Systems Security, Cooperation

The mandated compliance with the

requirements set forth in section 103 of

the Act is affected by a number of

interrelated factors, including whether

the Attorney General is required to, and

has agreed to, pay for needed

modifications; whether the equipment,

facility, or service was deployed on or

before January 1, 1995; and whether

such modifications are reasonably

achievable under criteria set forth in the

Act. Under certain circumstances,

telecommunications carriers also may

petition regulatory authorities to adjust

changes, practices, classifications, and

regulations to recover costs expended

for making needed modifications.

Unexcused noncompliance can lead to

civil enforcement actions by the

Attorney General and imposition of civil

fines. The Act also includes provisions

for exemption, extension of the

compliance date, consultation with

industry, and systems security. In

addition, it requires

telecommunications transmission and

switching equipment manufacturers, as

well as providers of telecommunications

support services, to cooperate with

telecommunications carriers in

achieving the required capacities and

capabilities.

Commerce Business Daily Notice

The FBI Telecommunications

Contracts Audit Unit will issue a Notice

in the Commerce Business Daily

soliciting comments from the

telecommunications industry

concerning cost accounting procedures

and other rules regarding payment

procedures and criteria.

Dated: February 16, 1995.

Louis J. Freeh,

Director.

[FR Doc. 95–4376 Filed 2–22–95; 8:45 am]

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