Hi All,

I hate confusion and unanswered questions.

So I sent this thread (names removed) to the HEAD of the CALEA group at the 
FBI.  I've already been talking to Maura so I thought this appropriate.

Anyway, the word from the top is that if you are a facilities base provider you 
fall under CALEA just like you do the 477 and 445 at the FCC.

I'll let folks know more when I know more.

laters,
marlon

----- Original Message ----- 
To: 'Marlon K . Schafer 982-2181' ; 509 
Sent: Wednesday, February 21, 2007 11:12 AM
Subject: Re: Fw: [isp-wireless] FBI .......... Changed to CALEA and WISPs...


Hi Marlon,

    First, sorry I missed your folks last week.  Unfortunately I was stuck in 
Albany, NY for several days because of a blizzard.  Second, thanks for sending 
this email to me.  I can see that there is some confusion about who must 
comply.  It's hard for me to tell from the email trail what services the WISP 
member is providing.  As we talked about before, if a provider is offering 
Broadband Internet Access or VoIP to the public then that provider must be 
CALEA compliant by May 14, 2007.  I'd be happy to meet with folks from WISP in 
the next couple of weeks so we can talk through these issues.  Thanks, Maura 



On Wed Feb 21 10:29 , "Marlon K. Schafer (509) 982-2181" sent:



  Hi Maura,

  At the risk of seeming silly, and in the hopes that this gets no one in 
  trouble, I thought that you should see this thread from a public mailing 
  list. I'd like your comments on the accuracy of what we've been told here.

  The basic thrust of this is that we, as small rural wisps, won't have to be 
  calea compliant for various reasons.

  I'd like to get our meeting with your team rescheduled as soon as it makes 
  sense. A couple of weeks down the road should give me time to find people 
  in the area that can attend.

  Assuming that something has been lost in the interpretation here, we really 
  really need to get a wisp/small operator standard in place before the final 
  deadline.

  Thanks!
  Marlon
  (509) 982-2181 Equipment sales
  (408) 907-6910 (Vonage) Consulting services
  42846865 (icq) And I run my own wisp!
  [EMAIL PROTECTED]
  www.odessaoffice.com/wireless
  www.odessaoffice.com/marlon/cam


  > To: <isp-wireless@isp-wireless.com>
  > Sent: Tuesday, February 20, 2007 1:00 PM
  > Subject: Re: [isp-wireless] FBI .......... Changed to CALEA and WISPs...
  >
  >
  >> Yes. I told them I had a T1 to my location and provided wireless 
  >> broadband connections to customers.
  >>
  >> He told me the FBI side of CALEA was only interested in the VOIP 
  >> carriers. He said he had many calls
  >> to make for the forms filed by those that didn't need to.
  >>
  >> He did say and I did mention, this call was only for the FBI side and 
  >> that the FCC still has their side
  >> of this requirement and send a letter to me after if they are not 
  >> interested in us.
  >>
  >> His phone number 703-632-6163, I don't remember his name, I was driving 
  >> when he called.
  >>
  >>
  >> ----- Original Message ----- 
  >>
  >> To: <isp-wireless@isp-wireless.com>
  >> Sent: Tuesday, February 20, 2007 1:25 PM
  >> Subject: Re: [isp-wireless] FBI .......... Changed to CALEA and WISPs...
  >>
  >>
  >>> What I'm reading is you told them you are NOT a carrier.
  >>>
  >>> Key word is CARRIER.
  >>>
  >>> Did you tell them that you bought your internet from an upstream 
  >>> provider and installed your own equipment such as radio transmitters and 
  >>> routers and sold service to the public across your own network which you 
  >>> own and operate?
  >>>
  >>> I think there would be quite a few more questions to be asked before I 
  >>> would assume I was clear that "I" did not have to file.
  >>>
  >>> It's easy to take the first NO answer and run with it, but due diligence 
  >>> would require that you have a very indepth and revealing conversation 
  >>> with them.
  >>>
  >>> The fines are mighty stiff and if your right, which I would hope you 
  >>> are, I would want to be 1000000% right.
  >>>
  >>> I doubt I could afford a lawyer to get me out of this sort of mess with 
  >>> a huge beaurocracy like the FBI-Justice Dept.
  >>>
  >>> Just trying to be carefull.
  >>>
  >>>> Yes, here is what happened.
  >>>>
  >>>> Prior I was told by Mr. McCain to file the forms on time because he 
  >>>> didn't think he could get answers
  >>>> quick enough.
  >>>>
  >>>> Today I received a call from the FBI CALEA group in Arlington County, 
  >>>> Virginia telling me I did not have
  >>>> to worry about being CALEA compliant for them because I was not a 
  >>>> carrier. I did not provide VOIP,
  >>>> (Not the same as re-selling) If I was not the carrier of the VOIP I was 
  >>>> not required to be CALEA compliant
  >>>> for the FBI. Even if I re-sold VOIP services, I was not required to be 
  >>>> compliant for CALEA on the FBI side
  >>>> the actual carrier was. Vonage, Packet8 etc..
  >>>>
  >>>> They did tell me they could not send me the letter that I was not 
  >>>> required to be compliant, that the FCC still
  >>>> had to do their part of the CALEA. The FBI only receives a copy of the 
  >>>> form, The FCC also has their part for
  >>>> the filing. It's a two agency FCC & FBI form share. I have to wait for 
  >>>> them to send a note to the FCC they
  >>>> do not require me to be compliant and then the FCC should send me 
  >>>> something.
  >>>>
  >>>> But as far as the FBI was concerned, I have nothing more to worry about 
  >>>> for them. I filed the form even that
  >>>> I had nothing on the form but the business name and my contact number, 
  >>>> I filed on time. That's all that was
  >>>> required. They can not fine you if you don't know how to fill out the 
  >>>> form. It's up to them to decided if they
  >>>> want any more. The phone call lasted about 5 minutes, and that was it. 
  >>>> They made a note of the phone call.
  >>>>
  >>>> One down and Two to go.
  >>>>
  >>>> Hope this helps a few.
  >>>>
  >>>>
  FLAGS (\Seen))


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