§ 1003. — Notices of capacity requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC1003]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
Sec. 1003. Notices of capacity requirements
(a) Notices of maximum and actual capacity requirements
(1) In general
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) Basis of notices
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 \1\ carrier,
nature of service area, or any other measure; and
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\1\ So in original. Probably should be ``of''.
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(B) shall identify, to the maximum extent practicable, the
capacity required at specific geographic locations.
(b) Compliance with capacity notices
(1) Initial capacity
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) of this section, 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) of this section;
and
(B) expanding to the maximum capacity set forth in the
notice under subsection (a)(1)(B) of this section.
(2) Expansion to maximum capacity
After the date described in paragraph (1), a telecommunications
carrier shall, subject to subsection (e) of this section, 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) of this section.
(c) Notices of increased maximum capacity requirements
(1) Notice
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) of this section.
(2) Compliance
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) of this
section, ensure that its systems are capable of expanding to the
increased maximum capacity set forth in the notice.
(d) Carrier statement
Within 180 days after the publication by the Attorney General of a
notice of capacity requirements pursuant to subsection (a) or (c) of
this section, 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) Reimbursement required for compliance
The Attorney General shall review the statements submitted under
subsection (d) of this section 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) of this section.
(Pub. L. 103-414, title I, Sec. 104, Oct. 25, 1994, 108 Stat. 4282.)
Section Referred to in Other Sections
This section is referred to in sections 1005, 1008, 1010 of this
title.
