-Caveat Lector-

from:
http://www.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1999/nret9003.
html
<A
HREF="http://www.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1999/nre
t9003.html">FCC News Release:</A>
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Text | Word97


NEWS
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555

------------------------------------------------------------------------
This is an unofficial announcement of Commission action. Release of the
full text of a Commission order constitutes official action. See MCI v.
FCC. 515 F 2d 385 (D.C. Circ 1974).
------------------------------------------------------------------------
FOR IMMEDIATE RELEASE
AUGUST 27, 1999 NEWS MEDIA CONTACT:
Meribeth McCarrick at (202) 418-0654

FCC ADOPTS CALEA TECHNICAL STANDARDS

The Federal Communications Commission (FCC) has adopted technical
requirements for wireline, cellular, and broadband Personal
Communications Services (PCS) carriers to comply with the assistance
capability requirements of the Communications Assistance for Law
Enforcement Act of 1994 (CALEA). Specifically, the FCC required that all
capabilities of the Telecommunications Industry Association (TIA)
interim standard (J-STD-025) and six of nine "punch list" capabilities
requested by the Department of Justice (DoJ)/Federal Bureau of
Investigation (FBI) be implemented by wireline, cellular, and broadband
PCS carriers.

With the exception of packet-mode communications, the FCC required that
all capabilities of the interim standard be implemented by the CALEA
compliance date of June 30, 2000. The FCC required that a packet-mode
communications capability and the six punchlist capabilities be
implemented by September 30, 2001.

Specifics of Today's Action:

•Actions Regarding the Interim Standard (J-STD-025)

The FCC concluded the following regarding the location information and
packet-mode communications capabilities of the interim standard:

Location information: The FCC required that location information be
provided to law enforcement agencies (LEAs) under CALEA's assistance
capability requirements for "call-identifying information," provided
that a LEA has a court order or legal authorization beyond a pen regist
er or trap and trace authorization. The FCC found that location
information identifies the "origin" or "destination" of a communication
and thus is covered by CALEA. The FCC, however, did not mandate that
carriers be able to provide LEAs with the precise physical location of a
caller. Rather, it permitted LEAs with the proper legal authorization to
receive from wireline, cellular, and broadband PCS carriers only the
location of a cell site at the beginning and termination of a mobile
call.

Packet-mode communications: The FCC required that carriers provide LEAs
access to packet-mode communications by September 30, 2001. However, the
Commission acknowledged that significant privacy issues had been raised
with regard to the J-STD-025 treatment of packet-mode communications.
Under the J-STD-025, law enforcement could be provided with access to
both call identifying information and call content, even where it may be
authorized only to receive call identifying information. Accordingly,
the FCC invited TIA to study CALEA solutions for packet-mode technology
and report to the FCC by September 30, 2000 on steps that can be taken,
including particular amendments to the interim standard, that will
better address privacy concerns.

•Actions Regarding the Capabilities Requested by DoJ/FBI

Of the nine items in the DoJ/FBI punch list, the following capabilities
were required by the FCC:

Content of subject-initiated conference calls -- A LEA will be able to
access the content of conference calls initiated by the subject under
surveillance (including the call content of parties on hold), pursuant
to a court order or other legal authorization beyond a pen register
order.

Party hold, join, drop on conference calls -- Messages will be sent to a
LEA that identify the active parties of a call. Specifically, on a
conference call, these messages will indicate whether a party is on
hold, has joined, or has been dropped from the conference call.

Subject-initiated dialing and signaling information -- Access to dialing
and signaling information available from the subject will inform a LEA
of a subject's use of features (e.g., call forwarding, call waiting,
call hold, and three-way calling).

In-band and out-of-band signaling (notification message) -- A message
will be sent to a LEA whenever a subject's service sends a tone or other
network message to the subject or associate (e.g., notification that a
line is ringing or busy, call waiting signal).

Timing information -- Information will be sent to a LEA permitting it to
correlate call-identifying information with the call content of a
communications interception.

Dialed digit extraction --The originating carrier will provide to a LEA
on the call data channel any digits dialed by the subject after
connecting to another carrier's service., pursuant to a pen register
authorization. The FCC found that some such digits fit within CALEA's
definition of call-identifying information, and that they are generally
reasonably available to carriers.

In requiring the six punch list capabilities, the FCC noted that it
determined that five of them constitute call-identifying information
that is generally reasonably available to carriers and therefore is
required under CALEA. The FCC found that while the cost to carriers of
providing some of these five capabilities is significant, it is not so
exorbitant as to automatically require the exclusion of any capability
from the final industry standard.

The following punch list items were not required by the FCC:

Surveillance status -- Carriers would have been required to send a
message to a LEA to verify that a wiretap had been established and was
functioning correctly.

Continuity check tone (C-tone) -- Electronic signal would have alerted a
LEA if the facility used for delivery of call content interception
failed or lost continuity.

Feature status -- A LEA would have been notified when, for the
facilities under surveillance, specific subscription-based calling
services were added or deleted.

The FCC found that these three capabilities, while potentially useful to
LEAs, were not required by the plain language of CALEA. However,
carriers are free to provide these capabilities if they wish to do so.

•Timetable for New Capabilities

The FCC invited the TIA Subcommittee TR45.2 to revise the interim
J-STD-025 to add the six required punch list capabilities. The FCC
stated that those capabilities can be most efficiently implemented by
permitting the Subcommittee to make the modifications. The FCC noted
that LEAs, carriers, and manufacturers are voting members of the
Subcommittee, and that the Subcommittee has the experience and resources
in place to resolve CALEA capability issues quickly. The FCC required
the necessary revisions to be accomplished by March 30, 2000.

Finally, the FCC required that wireline, cellular, and broadband PCS
carriers make the packet-mode and required punch list capabilities
available to LEAs by September 30, 2001. This will provide carriers with
more than two years to implement these capabilities. Because
manufacturers have had development of these capabilities under
consideration for several years, the FCC found that this amount of time
will prove sufficient for the development process to be completed and
for carriers to implement these capabilities.

Action by the Commission August 26, 1999 by Third Report and Order (FCC
99-230). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell
and Tristani.

News Media Contact: Meribeth McCarrick at (202) 418-0654; TTY at (202)
418-7233; or e-mail at [EMAIL PROTECTED]

Office of Engineering and Technology contacts: Geraldine Matise at (202)
418-2322, e-mail [EMAIL PROTECTED]; Julius Knapp at (202)-418-2468,
[EMAIL PROTECTED]; or Rodney Small at (202) 418-2452, e-mail
[EMAIL PROTECTED]

CCDocket No. 97-213
ET Report No. 99-4

- FCC -


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from:
http://www.fcc.gov/Bureaus/Wireless/News_Releases/1999/nrwl9038.html
Text | Word97


NEWS
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555

------------------------------------------------------------------------
This is an unofficial announcement of Commission action. Release of the
full text of a Commission order constitutes official action. See MCI v.
FCC. 515 F 2d 385 (D.C. Circ 1974).
------------------------------------------------------------------------
FOR IMMEDIATE RELEASE
AUGUST 27, 1999 NEWS MEDIA CONTACT:
Meribeth McCarrick at (202) 418-0654

FCC CLARIFIES ENTITIES SUBJECT TO CALEA AND PROVIDES GUIDANCE ON
"REASONABLY ACHIEVABLE" PETITIONS

The Federal Communications Commission (FCC) has clarified which
categories of service providers are subject to the requirements of the
Communications Assistance for Law Enforcement Act (CALEA). The FCC also
provided guidance regarding the factors it will consider in determining
whether compliance with the law is "reasonably achievable" for
particular carriers.

CALEA was enacted by Congress in October 1994 to ensure that
telecommunications carriers' facilities are capable of providing legally
authorized electronic surveillance. The FCC shares implementation
responsibilities with the Department of Justice. In a separate action
today, the FCC adopted standards for carriers to meet the assistance
capability requirements of the law.

Specifics of Today's Action:

Examining the definition of "telecommunications carrier" set forth in
section 102 of the Act, the FCC made various clarifications with respect
to the entities subject to CALEA, including:

•All entities previously classified as common carriers are subject to
CALEA, as are cable operators and electric and other utilities to the
extent they offer telecommunications services for hire to the public.

•CMRS providers are subject to CALEA, except to the extent they offer
service that is not interconnected to the PSTN (e.g., dispatch service).
PMRS operators are subject to CALEA only where they offer service that
qualifies as CMRS.

•Resellers, which often operate hybrid networks consisting of their own
facilities and resold services, will be responsible for CALEA compliance
only with respect to their own facilities.

•While facilities used solely for the provision of information services
are not subject to CALEA, telecommunications carriers' facilities used
to provide both telecommunications and information services are subject
to the requirements of the Act.

•Under section 109(b) of CALEA, telecommunications carriers may petition
the FCC for a determination as to whether compliance with the Act's
assistance capability requirements is "reasonably achievable" for
equipment, facilities, and services deployed after January 1, 1995. The
Act states that the FCC must "determine whether compliance would impose
significant difficulty or expense on the carrier or on the users of the
carrier's systems." The Act also lists additional factors the FCC must
take into account. In today's action, the FCC:

•Found that it would be premature to adopt factors in addition to those
set forth in section 109(b) or to assign special weight to any one
factor generally.

•Stated that the section 109 process should be reserved for the
examination of specific carrier compliance problems, and should not be
used to revisit broad policy goals.

•Emphasized that requests for relief from CALEA compliance based on
CALEA's costs or its impact on rates, quality of service, or the
introduction of services to the market must be supported by specific
facts, including quantitative data.

Action by the Commission August 26, 1999, by Second Report and Order
(FCC 99-229). Chairman Kennard, Commissioners Ness, Furchtgott-Roth,
Powell and Tristani.

News Media Contact: Meribeth McCarrick at (202) 418-0654; TTY at (202)
418-7233; or e-mail at [EMAIL PROTECTED]

Wireless Telecommunications Bureau contacts: John Spencer at (202)
418-1310; or

e-mail at [EMAIL PROTECTED]

CC Docket No. 97-213
WT Report No. 99-24

- FCC -


-----
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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