47 U.S.C. § 1003 — Notices of capacity requirements
submitted 32 years ago by Pub. L. 103-414 to r/title-47-TELECOMMUNICATIONS · 637 words · no verdicts yet
The Attorney General must publish estimates of the number of surveillance devices that authorized government agencies may use at the same time. Telecommunications carriers must build systems that can handle those numbers, subject to reimbursement rules.
(a) Notices of maximum and actual capacity requirements. (1) Within 1 year after October 25, 1994, the Attorney General must consult State and local law-enforcement agencies, telecommunications carriers, support-service providers, and equipment manufacturers. After notice and an opportunity for comment, the Attorney General must publish in the Federal Register and give to appropriate industry associations and standards organizations: (A) an estimate of the actual number of communication interceptions, pen registers, and trap-and-trace devices that authorized agencies may use at the same time by 4 years after October 25, 1994; and (B) an estimate of the maximum capacity needed for all such interceptions and devices that authorized agencies may use at the same time after that date. (2) These notices may be based on equipment type, service type, subscriber number, a carrier’s type or size, the nature of its service area, or another measure. To the greatest practical extent, they must identify the capacity needed at particular geographic locations.
(b) Compliance with capacity notices. (1) Within the longer of 3 years after publication of a capacity notice or 4 years after October 25, 1994, a telecommunications carrier* must, subject to subsection (e), make its systems able to handle at the same time the number in subsection (a)(1)(A) and expand to the maximum capacity in subsection (a)(1)(B). (2) After that deadline, the carrier must, subject to subsection (e), quickly handle increases requested by authorized agencies, up to the maximum capacity.
(c) Notices of increased maximum capacity requirements. (1) After notice and comment, the Attorney General must periodically publish in the Federal Register any needed increase in the maximum capacity in subsection (a)(1)(B). (2) Within 3 years after that notice, or any longer period the Attorney General specifies, a carrier must, subject to subsection (e), make its systems able to expand to the increased capacity.
(d) Carrier statement. Within 180 days after a notice under subsection (a) or (c), a carrier must tell the Attorney General which of its systems or services cannot handle at the same time the number of interceptions and devices stated in the notice.
(e) Reimbursement required for compliance. The Attorney General must review those statements and may, if funds are available, agree to reimburse reasonable costs directly related to modifications needed to reach the capacity requirement, as determined under section 1008(e). Until the Attorney General agrees to reimburse the carrier for the modification, the carrier is considered to comply with the notice under subsection (a) or (c).
Not later than 1 year after October 25, 1994, after consulting with State and local law enforcement agencies, telecommunications carriers, providers of telecommunications support services*, and manufacturers of telecommunications equipment, and after notice and comment, the Attorney General shall publish in the Federal Register and provide to appropriate telecommunications industry associations and standard-setting organizations—
notice of the actual number of communication interceptions, pen registers, and trap and trace devices, representing a portion of the maximum capacity set forth under subparagraph (B), that the Attorney General estimates that government* agencies authorized to conduct electronic surveillance may conduct and use simultaneously by the date that is 4 years after October 25, 1994; and
notice of the maximum capacity required to accommodate all of the communication interceptions, pen registers, and trap and trace devices that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously after the date that is 4 years after October 25, 1994.
The notices issued under paragraph (1)—
may be based upon the type of equipment, type of service, number of subscribers, type or size or 1 carrier, nature of service area, or any other measure; and
shall identify, to the maximum extent practicable, the capacity required at specific geographic locations.
Within 3 years after the publication by the Attorney General of a notice of capacity requirements or within 4 years after October 25, 1994, whichever is longer, a telecommunications carrier* shall, subject to subsection (e), ensure that its systems are capable of—
accommodating simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under subsection (a)(1)(A); and
expanding to the maximum capacity set forth in the notice under subsection (a)(1)(B).
After the date described in paragraph (1), a telecommunications carrier shall, subject to subsection (e), ensure that it can accommodate expeditiously any increase in the actual number of communication interceptions, pen registers, and trap and trace devices that authorized agencies may seek to conduct and use, up to the maximum capacity requirement set forth in the notice under subsection (a)(1)(B).
The Attorney General shall periodically publish in the Federal Register, after notice and comment, notice of any necessary increases in the maximum capacity requirement set forth in the notice under subsection (a)(1)(B).
Within 3 years after notice of increased maximum capacity requirements is published under paragraph (1), or within such longer time period as the Attorney General may specify, a telecommunications carrier shall, subject to subsection (e), ensure that its systems are capable of expanding to the increased maximum capacity set forth in the notice.
Within 180 days after the publication by the Attorney General of a notice of capacity requirements pursuant to subsection (a) or (c), a telecommunications carrier shall submit to the Attorney General a statement identifying any of its systems or services that do not have the capacity to accommodate simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under such subsection.
The Attorney General shall review the statements submitted under subsection (d) and may, subject to the availability of appropriations, agree to reimburse a telecommunications carrier for costs directly associated with modifications to attain such capacity requirement that are determined to be reasonable in accordance with section 1008(e) of this title. Until the Attorney General agrees to reimburse such carrier for such modification, such carrier shall be considered to be in compliance with the capacity notices under subsection (a) or (c).
Source credit: (Pub. L. 103–414, title I, § 104, Oct. 25, 1994, 108 Stat. 4282.)
- 1994Enacted · Pub. L. 103-414 · 108 Stat. 4282
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-414 on 1994-10-25.
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