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DOJ/FBI

RIN: 1110-AA22

Publication ID: Fall 2008

Title: Implementation of Sections 104 and 109 of the Communications Assistance for Law Enforcement Act--Notice of Actual and Maximum Capacity: Paging, MSS, SMR, and ESMR
Abstract: Section 104 of the Communications Assistance for Law Enforcement Act (CALEA) requires the Attorney General to publish a Notice of Actual and Maximum Capacity in order to provide telecommunications carriers with the information they will need to meet law enforcement's future simultaneous electronic surveillance requirements. For local exchange, cellular, and broadband PCS, the FBI published an Initial Notice of Capacity on October 16, 1995 (60 FR 53643), and a Second Notice of Capacity on January 14, 1997 (62 FR 1902). The FBI published the Final Notice of Capacity for local exchange, cellular, and broadband PCS on March 12, 1998 (63 FR 12218). Additionally, the FBI published a Notice of Inquiry (NOI) in the Federal Register on December 18, 1998 (63 FR 70160), which solicited information on and suggestions for developing reasonable methodologies for characterizing capacity requirements for telecommunications services and technologies other than local exchange, cellular, and broadband PCS. Comments were due on February 16, 1999. Information gathered in response to the NOI was used in publishing the Further Notice of Inquiry (FNOI) on June 30, 2000 (65 FR 40694). Comments were due August 29, 2000. Information gathered in response to the FNOI will be used in the publication of an Initial Notice of Capacity for developing reasonable capacity methodologies for the paging, mobile satellite, specialized mobile radio, and enhanced specialized mobile radio services.
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
Notice of Inquiry (Cap Methodology)	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. This rulemaking 1110-AA22 continues the rulemaking previously listed as "child" RIN 1110-AA13 under "parent" RIN 1110-AA00. This rulemaking has been transferred to RIN 1110-AA22 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-AA21.)
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