16 May 2001 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ------------------------------------------------------------------------- [May 14, 2001 (Volume 66, Number 93)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua010411.wais] [Page 25603-25677] Department of Justice [[Page 25603]] Part XI _______________________________________________________________________ Semiannual Regulatory Agenda [[Page 25604]] DEPARTMENT OF JUSTICE (DOJ) _______________________________________________________________________ [Excerpt] _______________________________________________________________________ DEPARTMENT OF JUSTICE (DOJ) Proposed Rule Stage Federal Bureau of Investigation (FBI) _______________________________________________________________________ 1698. IMPLEMENTATION OF SECTIONS 104 AND 109 OF THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT Priority: Other Significant Legal Authority: PL 103-414 Communications Assistance for Law Enforcement Act; PL 104-208 Omnibus Consolidated Appropriations Act of 1997 CFR Citation: 28 CFR 100 Legal Deadline: Other, Statutory, October 25, 1998, While CALEA required telecommunications carriers to be in compliance with section 103 by October 25, 1998, the FCC has since exercised (continued in Additional Information). Abstract: As required by section 109 of the Communications Assistance for Law Enforcement Act (CALEA), the FBI promulgated Cost Recovery Regulations allowing telecommunications carriers to recover certain costs associated with implementing CALEA. The final rule was published on March 20, 1997 (62 FR 13307), and became effective on April 21, 1997. In response to public comment received during this rulemaking, the FBI published an ANPRM on November 19, 1996 (61 FR 58799), which solicited input on the definition of the term ``significant upgrade or major modification'' as used by CALEA. The ``significant upgrade or major modification'' NPRM was published on April 28, 1998 (63 FR 23231). The FBI is currently preparing a supplemental notice of proposed rulemaking, which will define the terms ``replaced'' and ``significantly upgraded or otherwise undergone major modification.'' Additionally, CALEA section 104 requires the Attorney General to publish a Notice of Actual and Maximum Capacity in order to provide telecommunications carriers with the information they will need to meet law enforcement's future simultaneous electronic surveillance requirements. For local exchange, cellular, and broadband PCS, the FBI published an Initial Notice of Capacity on October 16, 1995 (60 FR 53643), and a Second Notice of Capacity on January 14, 1997 (62 FR 1902). The FBI published the Final Notice of Capacity for local exchange, cellular, and broadband PCS on March 12, 1998 (63 FR 12218). Additionally, the FBI published a Notice of Inquiry (NOI) in the Federal Register on December 18, 1998 (63 FR 70160), which solicited information on and suggestions for developing reasonable methodologies for characterizing capacity requirements for telecommunications services and technologies other than local exchange, cellular, and broadband PCS. Comments were due on February 16, 1999. Information gathered in response to the NOI was used in publishing the Further Notice of Inquiry (FNOI) on June 30, 2000 (65 FR 40694). Comments were due August 29, 2000. Information gathered in response to the FNOI will be used in the publication of an Initial Notice of Capacity for developing reasonable capacity methodologies for the paging, mobile satellite, specialized mobile radio, and enhanced specialized mobile radio services. Timetable: ________________________________________________________________________ ``Significant upgrade or major modification'' ANPRM 11/19/96 (61 FR 58799) ANPRM Comment Period End 12/19/96 NPRM 04/28/98 (63 FR 23231) NPRM Comment Period End 06/29/98 Supplemental NPRM Proposing Definitions 07/00/01 Cost Recovery Rule (Telecom. Carriers) NPRM 05/10/96 (61 FR 21396) NPRM Comment Period End 07/09/96 Final Rule 03/20/97 (62 FR 13307) Final Rule Effective 04/21/97 Notice of Actual and Max. Cap.-local exch, cellular, broadb PCS Initial Notice 10/16/95 (60 FR 53643) Second Notice 01/14/97 (62 FR 1902) Final Notice 03/12/98 (63 FR 12217) Notice of Actual and Max. Cap.-paging, MSS, SMR, ESMR Notice of Inquiry (Cap Methodology) 12/18/98 (63 FR 70160) Further Notice of Inquiry (Cap Methodology) 06/30/00 (65 FR 40694) Initial Notice of Capacity 10/00/01 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Additional Information: STATUTORY DEADLINE CONT: its authority under section 107 of CALEA to grant telecommunications carriers extensions of this compliance date. As a result of the FCC's order, carriers must now be in compliance with section 103 by June 30, 2000. If compliance is not reasonably achievable through application of available technology, the carrier may petition the FCC for an extension of up to 2 years. Additionally, as a result of the publication of the Final Notice of Capacity for local exchange, cellular and broadband PCS carriers, these carriers must be in compliance with section 104 by March 12, 2001. Transferred from RIN 1105-AA39. Agency Contact: Walter V. Meslar, Unit Chief, Telecommunications Contracts and Audit Unit, Department of Justice, Federal Bureau of Investigation, Suite 300, 14800 Conference Center Drive, Chantilly, VA 20151 Phone: 703 814-4900 Charles Fogle, SSA, CALEA Implementation Section, Department of Justice, Federal Bureau of Investigation, Suite 300, 14800 Conference Center Drive, Chantilly, VA 20151 Phone: 703 814-4836 RIN: 1110-AA00 _______________________________________________________________________