Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§1003 Notices of Capacity Requirements

Title 47 › Chapter 9— INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS › Subchapter I— INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS › § 1003

Last updated Apr 5, 2026|Official source

Summary

The Attorney General must publish two public notices within 1 year after October 25, 1994, after talking with state and local law enforcement, phone companies, support providers, and equipment makers and asking for public comment. One notice must say how many interceptions, pen registers, and trap and trace devices the government expects to run at the same time by the date four years after October 25, 1994. The other notice must give the maximum capacity needed to handle all such devices after that four-year date. The notices can use measures like equipment type, service type, subscriber counts, or service area, and should say where capacity is needed when possible. Telecommunications carriers must make their systems able to handle the first number and be able to expand to the maximum. They have 3 years after the Attorney General’s notice or 4 years after October 25, 1994 (whichever is later) to do this. After that date they must be able to add capacity quickly up to the maximum if needed. The Attorney General will publish any increases to the maximum, and carriers then have 3 years (or longer if the Attorney General allows) to meet the new level. Within 180 days after any notice, carriers must tell the Attorney General which systems cannot meet the required capacity. The Attorney General may agree to pay reasonable costs for needed changes if funds are available. Until payment is agreed, the carrier is treated as being in compliance.

Full Legal Text

Title 47, §1003

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)(1)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—
(A)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
(B)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.
(2)The notices issued under paragraph (1)—
(A)may be based upon the type of equipment, type of service, number of subscribers, type or size or 11 So in original. Probably should be “of”. carrier, nature of service area, or any other measure; and
(B)shall identify, to the maximum extent practicable, the capacity required at specific geographic locations.
(b)(1)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—
(A)accommodating simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under subsection (a)(1)(A); and
(B)expanding to the maximum capacity set forth in the notice under subsection (a)(1)(B).
(2)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).
(c)(1)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).
(2)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.
(d)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.
(e)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).

Reference

Citations & Metadata

Citation

47 U.S.C. § 1003

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60