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27 December 2006
[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Rules and Regulations]
[Page 77625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de06-15]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[ET Docket No. 04-295; FCC 06-56]
Communications Assistance for Law Enforcement Act and Broadband
Access and Services
AGENCY: Federal Communications Commission.
ACTION: Final rule, announcement of effective date.
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SUMMARY: The Federal Communications Commission (FCC) received Office of
Management and Budget (OMB) approval on December 12, 2006 for new
public information collection requirements contained in the FCC's
Communications Assistance for Law Enforcement Act and Broadband Access
and Services, Second Report and Order and Memorandum Opinion and Order
(CALEA Second Report and Order) in 71 FR 38091, July 5, 2006, OMB
Control Number 3060-0809, pursuant to the requirements of the Paperwork
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid control number.
DATES: The rules for Sec. Sec. 1.20004 and 1.20005 published at 71 FR
38091, July 5, 2006, are effective December 12, 2006.
FOR FURTHER INFORMATION CONTACT: Thomas J. Beers, Public Safety and
Homeland Security Bureau, Policy Division, 445 12th Street, SW.,
Washington, DC 20554, at (202) 418-0952.
For additional information concerning the Paperwork Reduction Act
information collection requirements, contact Judith B. Herman at (202)
418-0124, or via the Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: The CALEA Second Report and Order noted that
the effective date for the new CALEA information collection
requirements was subject to Office of Management and Budget (OMB)
approval. OMB granted its approval on December 12, 2006. Accordingly,
(1) an attesting letter for pending CALEA section 107(c)(1) petitions
currently on file with the FCC must be filed by February 12, 2007; (2)
compliance monitoring reports (FCC Form 445) must be filed by February
12, 2007; (3) system security and integrity (SSI) plans for providers
of facilities-based broadband internet access and interconnected Voice
over Internet Protocol (VoIP) services must be filed by March 12,
2007.\1\
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\1\ Communications Assistance for Law Enforcement Act and
Broadband Access and Services, ET Docket No. 04-295, Public Notice
DA O6-2511, Public Notice DA 06-2512, and Public Notice DA 06-2513.
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Compliance with new CALEA section 107(c) and 109(b) petition filing
requirements \2\ became effective upon OMB authorization, i.e.,
December 12, 2006.
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\2\ See Communications Assistance for Law Enforcement Act and
Broadband Access and Services, ET Docket No. 04-295, Second Report
and Order and Memorandum Opinion and Order, 21 FCC Rcd 5360 (2006),
Appendices E and F.
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CALEA requires the FCC to create rules that regulate the conduct
and recordkeeping of lawful electronic surveillance. On May 12, 2006,
the FCC released its CALEA Second Report and Order which became
effective August 4, 2006, except for certain information collections
which required OMB approval under the Paperwork Reduction Act before
the FCC could enforce them. Now that OMB approval has been granted:
(a) Each provider that has a CALEA section 107(c)(1) extension
petition currently on file must submit to the FCC an attesting letter
documenting that the provider's equipment, facility or service
continues to qualify for compliance extension relief, given that CALEA
section 107(c)(1) applies only to equipment, facilities, or services
installed or deployed prior to October 25, 1998.
(b) Facilities-based broadband Internet access and interconnected
VoIP service providers must file system security and integrity (SSI)
plans under the Commission's rules. SSI plans are currently approved
under the existing OMB 3060-0809 information collection.\3\
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\3\ See 65 FR 8666 (2000).
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(c) All providers of facilities-based broadband Internet access or
interconnected VoIP services must file monitoring reports on FCC Form
445, ``CALEA Monitoring Report for Broadband and VoIP Services,'' with
the FCC to ensure timely CALEA compliance.
(d) There are new requirements governing petitions filed under
section 107(c)(1), which request additional time to comply with CALEA;
these provisions apply to all providers subject to CALEA and are
voluntary filings.
(e) There are modified requirements governing petitions filed under
section 109(b) request for reimbursement of CALEA; these provisions
apply to all providers subject to CALEA and are voluntary filings.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E6-22155 Filed 12-26-06; 8:45 am]
BILLING CODE 6712-01-P