View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOJ/FBI

RIN: 1110-AA21

Publication ID: Fall 2008

Title: Communications Assistance for Law Enforcement Act: Definitions of "Replaced" and "Significantly Upgraded or Otherwise Undergone Major Modification"
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). A supplemental NPRM proposing definitions was published on October 5, 2001. The FBI is currently reviewing comments received and is drafting a final rule which will define the terms "replaced" and "significantly upgraded or otherwise undergone major modification," for the purposes of the Cost Recovery Regulations.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 28 CFR 100
Legal Authority: PL 103-414 Communications Assistance for Law Enforcement Act PL 104-208 Omnibus Consolidated Appropriations Act of 1997

Legal Deadline: None

Timetable:

Action	Date	FR Cite
ANPRM	11/19/1996	61 FR 58799
ANPRM Comment Period End	12/19/1996
NPRM	04/28/1998	63 FR 23231
NPRM Comment Period End	06/29/1998
Supplemental NPRM Proposing Definitions	10/05/2001	66 FR 50931
Supplemental NPRM Comment Period End	12/04/2001
Final Action	To Be Determined

Additional Information: While CALEA required telecommunications carriers to be in compliance with section 103 by October 25, 1998, the FCC exercised its authority under section 107 of CALEA to grant 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 a section 107 extension of up to 2 years. By subsequent FCC orders, the assistance capability compliance date for packet mode communication is November 19, 2001, and for the additional capabilities/"punchlist" capabilities is June 30, 2002. Carriers may again petition the FCC for a section 107 extension. Lastly, 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 RIN: This rulemaking 1110-AA21 continues the rulemaking previously listed as "child" RIN 1110-AA12 under "parent" RIN 1110-AA00. This rulemaking has been transferred to RIN 1110-AA21 because the computer system used by the Regulatory Information Service Center (RISC) to compile the Unified Agenda no longer supports "parent" and "child" RINs. This rulemaking is not a new action. (For other CALEA-related rulemakings, see RINs 1110-AA10 and 1110-AA22.)
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: MaryBeth Paglino Department of Justice Federal Bureau of Investigation Engineering Research Facility (ERF), FBI Academy , Building 27958A, Quantico, VA 22135 Phone:703 632-6946 Fax:703 632-6855