47 U.S.C. § 1006 — Technical requirements and standards; extension of compliance date
submitted 32 years ago by Pub. L. 103-414 to r/title-47-TELECOMMUNICATIONS · 583 words · no verdicts yet
Carriers and covered manufacturers or support providers are in a safe harbor when they follow publicly available industry or Commission technical standards. The Commission may set standards when industry standards are absent or inadequate, and may extend compliance deadlines for older equipment or services.
(a) Safe harbor. (1) To implement section 1002 efficiently throughout the industry, the Attorney General, coordinating with Federal, State, and local law enforcement, must consult telecommunications associations and standards organizations, equipment and service users, and State utility commissions. (2) A carrier complies with section 1002, and a transmission or switching-equipment manufacturer or support-service provider complies with section 1005, if it follows publicly available technical requirements or standards adopted by an industry association, standards organization, or the Commission* under subsection (b) to meet section 1002. (3) The absence of standards may not stop a carrier, manufacturer, or provider from deploying technology or service, and does not remove its applicable section 1002 or 1005 duties.
(b) Commission authority. If industry groups fail to issue standards, or a Government* agency or another person believes them deficient, that agency or person may ask the Commission to establish standards by rule. The standards must: (1) meet section 1002 cost-effectively; (2) protect the privacy and security of communications not lawfully authorized for interception; (3) minimize compliance costs for residential ratepayers; (4) support the United States policy of encouraging new public technologies and services; and (5) allow reasonable time and conditions for compliance and transition, including defining carrier duties during the transition.
(c) Extension for older equipment, facilities, and services. (1) A carrier proposing to install or deploy, or that installed or deployed, equipment, a facility, or service before section 1002’s effective date may ask the Commission for one or more deadline extensions. (2) After consulting the Attorney General, the Commission may grant an extension if compliance cannot reasonably be achieved during the compliance period using available technology. (3) An extension lasts no longer than the earlier of the date the Commission finds necessary for compliance or 2 years after the extension is granted. (4) It applies only to the part of the carrier’s business using the new equipment, facility, or service.
To ensure the efficient and industry-wide implementation of the assistance capability requirements under section 1002 of this title, the Attorney General, in coordination with other Federal, State, and local law enforcement agencies, shall consult with appropriate associations and standard-setting organizations of the telecommunications industry, with representatives of users of telecommunications equipment, facilities, and services, and with State utility commissions.
A telecommunications carrier* shall be found to be in compliance with the assistance capability requirements under section 1002 of this title, and a manufacturer of telecommunications transmission or switching equipment or a provider of telecommunications support services* shall be found to be in compliance with section 1005 of this title, if the carrier, manufacturer, or support service provider is in compliance with publicly available technical requirements or standards adopted by an industry association or standard-setting organization, or by the Commission* under subsection (b), to meet the requirements of section 1002 of this title.
The absence of technical requirements or standards for implementing the assistance capability requirements of section 1002 of this title shall not—
preclude a telecommunications carrier, manufacturer, or telecommunications support services provider from deploying a technology or service; or
relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed by section 1002 or 1005 of this title, as applicable.
If industry associations or standard-setting organizations fail to issue technical requirements or standards or if a Government* 1 agency or any other person believes that such requirements or standards are deficient, the agency or person may petition the Commission to establish, by rule, technical requirements or standards that—
meet the assistance capability requirements of section 1002 of this title by cost-effective methods;
protect the privacy and security of communications not authorized to be intercepted;
minimize the cost of such compliance on residential ratepayers;
serve the policy of the United States to encourage the provision of new technologies and services to the public; and
provide a reasonable time and conditions for compliance with and the transition to any new standard, including defining the obligations of telecommunications carriers under section 1002 of this title during any transition period.
A telecommunications carrier proposing to install or deploy, or having installed or deployed, any equipment, facility, or service prior to the effective date of section 1002 of this title may petition the Commission for 1 or more extensions of the deadline for complying with the assistance capability requirements under section 1002 of this title.
The Commission may, after consultation with the Attorney General, grant an extension under this subsection, if the Commission determines that compliance with the assistance capability requirements under section 1002 of this title is not reasonably achievable through application of technology available within the compliance period.
An extension under this subsection shall extend for no longer than the earlier of—
the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under section 1002 of this title; or
the date that is 2 years after the date on which the extension is granted.
An extension under this subsection shall apply to only that part of the carrier’s business on which the new equipment, facility, or service is used.
Source credit: (Pub. L. 103–414, title I, § 107, Oct. 25, 1994, 108 Stat. 4284.)
- 1994Enacted · Pub. L. 103-414 · 108 Stat. 4284
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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