2004 FCC Decisions
September 23, 2004
ET Docket No. 04-295, FCC 04-187,
adopted August 4, 2004, and released August 9, 2004, was published in the
Federal Register at 69 Fed. Reg. 56956
(2004). In the Declaratory Ruling the FCC clarifies that CMRS carrier
offerings of push-to-talk service that are offered in conjunction with
interconnected service to the public switched telephone network ("PSTN"),
but may use different technologies, are subject to CALEA requirements.
Therefore, regardless of what newer technologies a CMRS carrier may use in its
offering of push-to-talk "dispatch service", it continues to be
subject to the requirements of CALEA, if the required definitional element for
CMRS service is met, i.e., the delivery of the push-to-talk service is offered
in conjunction with interconnected service to the PSTN.
August 9, 2004
Notice of Proposed Rulemaking (NPRM) and
Declaratory Ruling RM-10865, ET Docket No. 04-295, FCC 04-187. The NPRM was
published in the Federal Register at 69
Fed. Reg. 56976 (2004) on September 23, 2004. In this proceeding the
Commission is guided by the following principles and policy goals. First, it is
the Commission's primary policy goal to ensure that LEAs have all of the
resources that CALEA authorizes to combat crime and support Homeland Security.
Second, the Commission recognizes that Law Enforcement's needs must be
balanced with the competing policies of avoiding impeding the development of new
communications services and technologies and protecting customer privacy.
Section 103 of CALEA explicitly precludes LEAs from prohibiting the adoption of
any equipment, facility, service, or feature by any telecommunications provider,
manufacturer, or support service; and also protects the privacy and security of
communications and call-identifying information not authorized to be
intercepted. Third, the Commission intends to remove to the extent possible any
uncertainty that is impeding CALEA compliance, particularly for packet-mode technology.
March 12, 2004
Public Notice DA 04-700 to request
comments sought as a result of the rulemaking proceeding RM-10865 opened at law enforcement's request.