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SEC. 108. ENFORCEMENT ORDERS.
(a) GROUNDS FOR ISSUANCE- A court shall issue an
order enforcing this title under section 2522 of title
18, United States Code, only if the court finds that--
(1) alternative technologies or capabilities or
the facilities of another carrier are not reasonably
available to law enforcement for implementing the
interception of communications or access to
call-identifying information; and
(2) compliance with the requirements of this
title is reasonably achievable through the
application of available technology to the
equipment, facility, or service at issue or would
have been reasonably achievable if timely action had
been taken.
(b) TIME FOR COMPLIANCE- Upon issuing an order
enforcing this title, the court shall specify a
reasonable time and conditions for complying with its
order, considering the good faith efforts to comply in
a timely manner, any effect on the carrier's,
manufacturer's, or service provider's ability to
continue to do business, the degree of culpability or
delay in undertaking efforts to comply, and such other
matters as justice may require.
(c) LIMITATIONS- An order enforcing this title may
not--
(1) require a telecommunications carrier to meet
the Government's demand for interception of
communications and acquisition of call-identifying
information to any extent in excess of the capacity
for which the Attorney General has agreed to
reimburse such carrier;
(2) require any telecommunications carrier to
comply with assistance capability requirement of
section 103 if the Commission has determined
(pursuant to section 109(b)(1)) that compliance is
not reasonably achievable, unless the Attorney
General has agreed (pursuant to section 109(b)(2))
to pay the costs described in section 109(b)(2)(A);
or
(3) require a telecommunications carrier to
modify, for the purpose of complying with the
assistance capability requirements of section 103,
any equipment, facility, or service deployed on or
before January 1, 1995, unless--
(A) the Attorney General has agreed to pay the
telecommunications carrier for all reasonable
costs directly associated with modifications
necessary to bring the equipment, facility, or
service into compliance with those requirements;
or
(B) the equipment, facility, or service has been
replaced or significantly upgraded or otherwise
undergoes major modification.
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