[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC1006]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
Sec. 1006. Technical requirements and standards; extension of
compliance date
(a) Safe harbor
(1) Consultation
To ensure the efficient and industry-wide implementation of the
assistance capability requirements under section 1002 of this title,
the Attorney General, in coordination with other Federal, State, and
local law enforcement agencies, shall consult with appropriate
associations and standard-setting organizations of the
telecommunications industry, with representatives of users of
telecommunications equipment, facilities, and services, and with
State utility commissions.
(2) Compliance under accepted standards
A telecommunications carrier shall be found to be in compliance
with the assistance capability requirements under section 1002 of
this title, and a manufacturer of telecommunications transmission or
switching equipment or a provider of telecommunications support
services shall be found to be in compliance with section 1005 of
this title, if the carrier, manufacturer, or support service
provider is in compliance with publicly available technical
requirements or standards adopted by an industry association or
standard-setting organization, or by the Commission under subsection
(b) of this section, to meet the requirements of section 1002 of
this title.
(3) Absence of standards
The absence of technical requirements or standards for
implementing the assistance capability requirements of section 1002
of this title shall not--
(A) preclude a telecommunications carrier, manufacturer, or
telecommunications support services provider from deploying a
technology or service; or
(B) relieve a carrier, manufacturer, or telecommunications
support services provider of the obligations imposed by section
1002 or 1005 of this title, as applicable.
(b) Commission authority
If industry associations or standard-setting organizations fail to
issue technical requirements or standards or if a Government \1\ agency
or any other person believes that such requirements or standards are
deficient, the agency or person may petition the Commission to
establish, by rule, technical requirements or standards that--
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\1\ So in original. Probably should not be capitalized.
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(1) meet the assistance capability requirements of section 1002
of this title by cost-effective methods;
(2) protect the privacy and security of communications not
authorized to be intercepted;
(3) minimize the cost of such compliance on residential
ratepayers;
(4) serve the policy of the United States to encourage the
provision of new technologies and services to the public; and
(5) provide a reasonable time and conditions for compliance with
and the transition to any new standard, including defining the
obligations of telecommunications carriers under section 1002 of
this title during any transition period.
(c) Extension of compliance date for equipment, facilities, and services
(1) Petition
A telecommunications carrier proposing to install or deploy, or
having installed or deployed, any equipment, facility, or service
prior to the effective date of section 1002 of this title may
petition the Commission for 1 or more extensions of the deadline for
complying with the assistance capability requirements under section
1002 of this title.
(2) Grounds for extension
The Commission may, after consultation with the Attorney
General, grant an extension under this subsection, if the Commission
determines that compliance with the assistance capability
requirements under section 1002 of this title is not reasonably
achievable through application of technology available within the
compliance period.
(3) Length of extension
An extension under this subsection shall extend for no longer
than the earlier of--
(A) the date determined by the Commission as necessary for
the carrier to comply with the assistance capability
requirements under section 1002 of this title; or
(B) the date that is 2 years after the date on which the
extension is granted.
(4) Applicability of extension
An extension under this subsection shall apply to only that part
of the carrier's busin
