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SEC. 107. TECHNICAL REQUIREMENTS AND STANDARDS;
EXTENSION OF COMPLIANCE DATE.
(a) SAFE HARBOR-
(1) CONSULTATION- To ensure the efficient and
industry-wide implementation of the assistance
capability requirements under section 103, the
Attorney General, in coordination with other
Federal, State, and local law enforcement agencies,
shall consult with appropriate associations and
standard-setting organizations of the
telecommunications industry, with representatives of
users of telecommunications equipment, facilities,
and services, and with State utility commissions.
(2) COMPLIANCE UNDER ACCEPTED STANDARDS- A
telecommunications carrier shall be found to be in
compliance with the assistance capability
requirements under section 103, and a manufacturer
of telecommunications transmission or switching
equipment or a provider of telecommunications
support services shall be found to be in compliance
with section 106, if the carrier, manufacturer, or
support service provider is in compliance with
publicly available technical requirements or
standards adopted by an industry association or
standard-setting organization, or by the Commission
under subsection (b), to meet the requirements of
section 103.
(3) ABSENCE OF STANDARDS- The absence of
technical requirements or standards for implementing
the assistance capability requirements of section
103 shall not--
(A) preclude a telecommunications carrier,
manufacturer, or telecommunications support
services provider from deploying a technology or
service; or
(B) relieve a carrier, manufacturer, or
telecommunications support services provider of
the obligations imposed by section 103 or 106, as
applicable.
(b) COMMISSION AUTHORITY- If industry associations
or standard-setting organizations fail to issue
technical requirements or standards or if a Government
agency or any other person believes that such
requirements or standards are deficient, the agency or
person may petition the Commission to establish, by
rule, technical requirements or standards that--
(1) meet the assistance capability requirements
of section 103 by cost-effective methods;
(2) protect the privacy and security of
communications not authorized to be intercepted;
(3) minimize the cost of such compliance on
residential ratepayers;
(4) serve the policy of the United States to
encourage the provision of new technologies and
services to the public; and
(5) provide a reasonable time and conditions for
compliance with and the transition to any new
standard, including defining the obligations of
telecommunications carriers under section 103 during
any transition period.
(c) EXTENSION OF COMPLIANCE DATE FOR EQUIPMENT,
FACILITIES, AND SERVICES-
(1) PETITION- A telecommunications carrier
proposing to install or deploy, or having installed
or deployed, any equipment, facility, or service
prior to the effective date of section 103 may
petition the Commission for 1 or more extensions of
the deadline for complying with the assistance
capability requirements under section 103.
(2) GROUNDS FOR EXTENSION- The Commission may,
after consultation with the Attorney General, grant
an extension under this subsection, if the
Commission determines that compliance with the
assistance capability requirements under section 103
is not reasonably achievable through application of
technology available within the compliance period.
(3) LENGTH OF EXTENSION- An extension under this
subsection shall extend for no longer than the
earlier of--
(A) the date determined by the Commission as
necessary for the carrier to comply with the
assistance capability requirements under section
103; or
(B) the date that is 2 years after the date on
which the extension is granted.
(4) APPLICABILITY OF EXTENSION- An extension
under this subsection shall apply to only that part
of the carrier's business on which the new
equipment, facility, or service is used.
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