2005 FCC Decisions

September 23, 2005

The First Report and Order and Further Notice of Proposed Rulemaking, FCC 05-153 - referred to in the FCC's August 5, 2005, news release - was released by the FCC on September 23, 2005. In the order, the Commission concluded that CALEA applies to facilities-based broadband Internet access providers and providers of interconnected voice over Internet Protocol (VoIP) service. This Order is the first critical step to apply CALEA obligations to new technologies and services that are increasingly relied upon by the American public to meet their communications needs. The Commission went on to note that they will release another order that will address separate questions regarding the assistance capabilities required of the providers covered by the FCC 05-153 order pursuant to section 103 of CALEA. This subsequent order will include other important issues under CALEA, such as compliance extensions and exemptions, cost recovery, identification of future services and entities subject to CALEA, and enforcement.

March 2, 2005

Public Notice DA 05-535 Federal-State Joint Board On Jurisdictional Separations Seeks Comment On CALEA Issues. In the public notice the Commission has asked that the public refresh the record on the CALEA issues identified in the Separations NPRM, including the questions of whether costs should be allocated in a new CALEA-specific category or in previously-existing categories, whether revenues received from the Attorney General should be allocated in a particular manner (and if so, how), and whether CALEA-related revenues could be allocated to the jurisdictions based on relative-use factors derived from the relative electronic surveillance requirements of federal, state, and local law enforcement agencies ("LEAs").