View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
Parent RIN:   1110-AA00
DOJ/FBI RIN: 1110-AA13 Publication ID: Spring 2004 
Title: Notice of Actual and Max. Cap.-paging, MSS, SMR, ESMR 
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). The FBI is currently preparing a supplemental notice of proposed rulemaking, which will define the terms "replaced" and "significantly upgraded or otherwise undergone major modification," which when codified will amend the Cost Recovery Regulations. Additionally, CALEA section 104 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 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  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:
Action Source Description Date
Other  Statutory  While CALEA required telecommunications carriers to be in compliance with section 103 by October 25, 1998, the FCC exercised (continued in Additional Information).  10/25/1998 
Timetable:
Action Date FR Cite
Notice of Inquiry (Cap Methodology)  12/18/1998  63 FR 70160   
Further Notice of Inquiry (Cap Methodology)  06/30/2000  65 FR 40694   
Transferred to 1110-AA22  05/04/2004    
Additional Information: STATUTORY DEADLINE CONT: 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 RINS: The portion of this "parent" rulemaking RIN 1110-AA00 which was designated with the "child" RIN of 1110-AA12 and which pertains to the definitions of "Replaced" and "Significantly Upgraded or Otherwise Undergone Major Modification" has been transferred to a new RIN of 1110-AA21. The portion of this "parent" rulemaking RIN 1110-AA00 which was designated with the "child" RIN of 1110-AA13 and which pertains to the Notice of Actual and Max. Cap. for Paging MSS, SMR, and ESMR has been transferred to a new RIN of 1110-AA22. These transfers were made because the computer system used by the Regulatory Information Service Center (RICS) to compile the Unified Agenda no longer supports "parent" and "child" RINs. Neither RIN 1110-AA21 nor 1110-AA22 are new actions.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact: