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47 U.S.C. § 229Communications Assistance for Law Enforcement Act compliance

submitted 92 years ago by Pub. L. 103-414 to r/title-47-TELECOMMUNICATIONS · 465 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC must write rules to carry out the federal wiretap-assistance law (CALEA). These rules require phone and communications companies to control who can activate wiretaps, keep secure records of any interception, and report their security policies to the FCC for review. Companies can also ask the FCC to let them raise rates to cover the cost of complying.

(a) In general. The Commission — the Federal Communications Commission — must write the rules needed to carry out the Communications Assistance for Law Enforcement Act. (b) Systems security and integrity. These rules must require common carriers (phone and communications companies) to: (1) set up policies controlling which employees can turn on wiretaps or access call information, and prevent anyone else from doing so; (2) keep accurate, secure records of every time a wiretap or call-information access happens, whether authorized or not; and (3) send the Commission the policies the carrier adopted to follow these two requirements. (c) Commission review of compliance. The Commission must review the policies carriers submit and can order a carrier to fix any policy that does not meet Commission rules. The Commission can investigate carriers as needed to make sure they are following these rules. (d) Penalties. If an officer or employee of a carrier breaks the carrier's own policy, or breaks a Commission rule made under subsection (a), that counts as the carrier itself breaking a Commission rule under this chapter. (e) Cost recovery. A carrier can ask the Commission for permission to raise its rates to cover the cost of the equipment or service changes it made to comply with the wiretap-assistance law. The Commission can approve this, with or without changes, if it decides the costs are reasonable and that allowing recovery serves the public interest. The Commission must also set up a joint federal-state board to recommend rule changes for how these costs get recovered.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law Enforcement Act [47 U.S.C. 1001 et seq.].

(b) Systems security and integrity

The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act [47 U.S.C. 1004] that require common carriers—

(1)

to establish appropriate policies and procedures for the supervision and control of its officers and employees—

(A)

to require appropriate authorization to activate interception of communications or access to call-identifying information; and

(B)

to prevent any such interception or access without such authorization;

(2)

to maintain secure and accurate records of any interception or access with or without such authorization; and

(3)

to submit to the Commission the policies and procedures adopted to comply with the requirements established under paragraphs (1) and (2).

(c) Commission review of compliance

The Commission shall review the policies and procedures submitted under subsection (b)(3) and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the requirements of the regulations prescribed under this section.

(d) Penalties

For purposes of this chapter, a violation by an officer or employee of any policy or procedure adopted by a common carrier pursuant to subsection (b), or of a rule prescribed by the Commission pursuant to subsection (a), shall be considered to be a violation by the carrier of a rule prescribed by the Commission pursuant to this chapter.

(e) Cost recovery for Communications Assistance for Law Enforcement Act compliance
(1) Petitions authorized

A common carrier may petition the Commission to adjust charges, practices, classifications, and regulations to recover costs expended for making modifications to equipment, facilities, or services pursuant to the requirements of section 103 of the Communications Assistance for Law Enforcement Act [47 U.S.C. 1002].

(2) Commission authority

The Commission may grant, with or without modification, a petition under paragraph (1) if the Commission determines that such costs are reasonable and that permitting recovery is consistent with the public interest. The Commission may, consistent with maintaining just and reasonable charges, practices, classifications, and regulations in connection with the provision of interstate or foreign communication by wire or radio by a common carrier, allow carriers to adjust such charges, practices, classifications, and regulations in order to carry out the purposes of this chapter.

(3) Joint board

The Commission shall convene a Federal-State joint board to recommend appropriate changes to part 36 of the Commission’s rules with respect to recovery of costs pursuant to charges, practices, classifications, and regulations under the jurisdiction of the Commission.

Source credit: (June 19, 1934, ch. 652, title II, § 229, as added Pub. L. 103–414, title III, § 301, Oct. 25, 1994, 108 Stat. 4292.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 103-414 · 108 Stat. 4292

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-414 on 1934-06-19.

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