§229 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The FCC must create rules to carry out the Communications Assistance for Law Enforcement Act (CALEA) and to implement section 105 of CALEA. Those rules require telecom companies to have policies that control and supervise their staff so that anyone who turns on an interception or gets call-identifying information has proper authorization and no one can do so without it. Companies must keep secure, accurate records of any interceptions or access and send their policies to the FCC. The FCC will review and can order changes to those policies and investigate compliance. If an employee breaks a required policy or FCC rule, the company is treated as having violated the rule. A carrier can ask the FCC to recover costs for equipment or service changes required under section 103; the FCC may allow recovery if costs are reasonable and it’s in the public interest. The FCC must set up a Federal-State board to recommend changes to part 36 about cost recovery.

Title 47, §229

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

(a)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)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)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)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)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Communications Assistance for Law

Enforcement

Act, referred to in subsecs. (a) and (e), is title I of Pub. L. 103–414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (§ 1001 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of this title and Tables. This chapter, referred to in subsecs. (d) and (e)(2), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

§229 Communications Assistance for Law Enforcement Act Compliance