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Federal Communications Commission
CALEA Regulations
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The Federal Communications Commission (FCC)
serves an important role in the implementation of CALEA. Their role is outlined
in the following sections of CALEA:
- Section 102: States that the FCC has the authority to establish findings
that identify telecommunications services that are subject to the requirements
of CALEA which are not specifically detailed in the law
- Section 103: Requires a telecommunications carrier to ensure that its
equipment, facilities, or services that provide a customer or subscriber with
the ability to originate terminate or direct communications are capable of
meeting the assistance capability requirements
- Section 105: Requires the FCC to establish systems security and integrity
regulations for carriers to follow
- Section 107: Requires the FCC to establish by rule the technical
requirements for CALEA if a party petitions the Commission believing that the
industry standard is deficient
- Section 109: Requires the FCC, upon petition from a telecommunications
carrier, to make determinations of reasonable achievability regarding the
assistance capability requirements of Section 103 with respect to any equipment,
facility, or service installed or deployed after January 1, 1995
For further information from the FCC, please refer to the FCC's CALEA website. Please be sure to see
the actions the FCC has taken regarding our Joint Petition
for Expedited Rulemaking and Other Communications
Proceedings. Also, see the filings made under CC
Docket No. 97-213 and ET
Docket No. 04-295.
The following FCC news releases, public notices, and rulings have been
released regarding CALEA implementation.
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May 3, 2006
The Federal Communications Commission today adopted a Second Report and Order and Memorandum Opinion and Order - that addresses several issues regarding implementation of the Communications Assistance for Law Enforcement Act (CALEA), enacted in 1994. The primary goal of the Order is to ensure that Law Enforcement Agencies (LEAs) have all of the resources that CALEA authorizes to combat crime and support homeland security, particularly with regard to facilities-based broadband Internet access providers and interconnected voice over Internet protocol (VOIP) providers. The Order balances the needs of Law Enforcement with the competing aims of encouraging the development of new communications services and technologies and protecting customer privacy.
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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.
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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").
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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.
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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.
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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.
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November 19, 2003
Public Notice DA-03-3722 in which
the Wireline Competition Bureau and Wireless Telecommunications Bureau extended,
until January 30, 2004, unless superseded by a final determination on the merits
of individual petitions, the current November 19, 2003, preliminary extension
granted to wireline and wireless carriers who filed for extensions of
packet-mode surveillance capability requirements.
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April 11, 2002
Order on Remand FCC 02-108 ordering capabilities
authorized by CALEA must be provided by wireline, cellular, and broadband PCS
telecommunications carriers. The FCC issued this order in response to a decision issued by the United States Court of
Appeals for the District of Columbia Circuit that vacated four Department of
Justice/Federal Bureau of Investigation Punch List electronic surveillance
capabilities mandated by the Third Report and Order.
The final rule is published in the Federal Register at 67 Fed. Reg. 21999 (2002).
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March 26, 2002
Public Notice DA 02-720 extending the
preliminary extension date for Section 103 compliance for wireline carriers to
June 30, 2002, for those carriers listed in Appendix
A.
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February 28, 2002
Order DA 02-471 granting the petitions for
extension of wireline telecommunications carriers listed in Appendix A to the extent consistent with the dates
the carriers received under the FBI's Flexible Deployment Program. Additionally,
the FCC granted the petitioners listed in Appendix B
an additional preliminary extension of the compliance date for Section 103 until
March 31, 2002, or until superseded by a final determination on the merits of
the underlying extension request.
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December 21, 2001
Public Notice DA 01-3007 to extend until March
31, 2002, the preliminary extensions granted under Common
Carrier Bureau Order DA 01-2244 for the petitioners listed in DA 01-3007A2. An erratum
was issued to correct the Public Notice number.
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September 28, 2001
Public Notice DA 01-2243 to establish
procedures to submit or supplement Section 107(c) extension petitions, both
generally and with respect to packet-mode and other safe harbor standards.
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September 27, 2001
Common Carrier Bureau Order DA 01-2244 granting
Section 103 extensions for petitioners in Appendix A. Also, granting an
additional preliminary extension for petitioners in Appendix B until December
31, 2001, or until a final determination is made under Section 107(c).
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September 21, 2001
Order FCC 01-265. In the Order, the FCC granted
in part the relief requested by CTIA by
temporarily suspending the September 30, 2001, compliance date for wireline,
cellular, and broadband PCS carriers to implement two punch list capabilities
mandated by the Third Report and Order FCC 99-230.
Also, the FCC denied CTIA's request for a
blanket extension of the September 30, 2001, compliance deadline for these
carriers to implement a packet-mode communications capability. However, due to
the imminence of the packet-mode compliance deadline, the FCC granted these
carriers until November 19, 2001, either to come into compliance or seek
individual relief. You can read the news
announcement regarding Order FCC 01-265.
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September 19, 2001
FCC News Announcement regarding FCC 01-265,
an Order not yet released. In the Order the FCC denies a blanket extension for
packet-mode communications, and temporarily suspends the Punch List deadline.
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August 15, 2001
Common Carrier Bureau Order DA 01-1902 which
grants the listed wireline carriers' petition for extension under Section
107(c). The granted extensions are in effect until the dates agreed to by the
FBI, as set forth in each carrier's individual FBI support letter.
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June 22, 2001
Public Notice DA 01-1494 which extended the
preliminary determination period for Section 103 compliance for wireline
carriers listed in Appendix A and Appendix B of DA 01-1494, until September 30,
2001.
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May 31, 2001
Public Notice DA 01-1316 which lists additional
wireline telecommunications carriers that filed Section 107(c) extension
petitions that received preliminary extensions until June 30, 2001. These
additional carriers are added to the previous wireline carriers listed in the November 2000 and February
2001 notices.
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April 16, 2001
Second Order on Reconsideration FCC 01-126 to
issue a limited reconsideration of their Report and
Order FCC 99-11 and their Second Report and
Order FCC 99-229. The Second Order on Reconsideration clarifies the
arrangements telecommunications carriers subject to CALEA must make to ensure
that law enforcement agencies can contact them when necessary, and the
interception activity that triggers a record keeping requirement. The FCC also
makes additional clarifications without altering their rules, but otherwise
denies the requests for reconsideration. The FCC published a summary of the
action taken on the Second Order on Reconsideration in the Federal Register at 66 Fed. Reg. 22,446 (2001).
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March 15, 2001
Public Notice DA 01-673 from the Wireless
Telecommunications Bureau which extends Section 107(c) preliminary determination
period for wireless carriers until September 30, 2001 and seeks comments on
additional extension petitions.
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February 22, 2001
Public Notice DA 01-489 which lists the wireline
telecommunications carriers that filed Section 107(c) extension petitions that
received preliminary extensions from the Common Carrier Bureau and the revised
date for all preliminary extensions previously granted.
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November 20, 2000
Public Notice DA 00-2582 which lists the
wireline telecommunications carriers that had filed Section 107(c) petitions and
their respective approval status. |
October 17, 2000
Public Notice DA 00-2342 which seeks comments to
update the record in the CALEA technical capabilities proceeding. |
September 1, 2000
Public Notice DA 00-2022 which
invites comments on CTIA petition to suspend CALEA compliance date. On August
23, 2000, the Cellular Telecommunications Industry Association ("CTIA")
filed a petition to immediately suspend the September 30, 2001 compliance date
for implementation of certain assistance capabilities under CALEA. |
June 30, 2000
Public Notice Report No. CALEA-001 which lists
the wireless telecommunications carriers that had filed 107(c) petitions and
their respective approval status. |
June 5, 2000
Public Notice DA 00-1231 extending the deadline
for Section 107(c) Extension Petitions until June 23, 2000. |
April 25, 2000
Public Notice FCC 00-154 regarding Section 103
Compliance and Section 107(c) Petitions. |
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August 31, 1999
Third Report and Order FCC 99-230 to adopt
technical requirements for wireline, cellular, and broadband Personal
Communications Services (PCS) carriers to comply with the assistance capability
requirements prescribed by CALEA. See the August 27, 1999, FCC News Release for an overview of the action
taken in the Third Report and Order. |
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August 31, 1999
Second Report and Order FCC 99-229 which
clarifies which categories of service providers are subject to CALEA
requirements. See the August 27, 1999, FCC News
Release for an overview of the action taken in the Second Report and Order. |
August 2, 1999
Order on Reconsideration FCC 99-184 to issue a
limited reconsideration of their Report and Order FCC
99-11 regarding obligations placed upon carriers to maintain secure and
accurate records of call content, pen register, and trap and trace
interceptions. |
May 7, 1999
Public Notice DA 99-863 soliciting comment on
aggregated revenue estimates of Alcatel Network Systems; Lucent Technologies,
Inc.; Motorola, Inc.; Northern Telecom, Inc.; and Siemens Information and
Communications Networks. |
March 15, 1999
Report and Order FCC 99-11 to establish the
system security and integrity regulations that telecommunications carriers must
follow to comply with CALEA section 105.
CALEA section 105 requires telecommunications carriers to file with the FCC,
information regarding the policies and procedures used for employee supervision
and control, and to maintain secure and accurate records of each communications
interception or access to call-identifying information. In particular, all
carriers that must comply with CALEA's capacity and capability requirements must
also comply with 47 C.F.R. §§64.2100 - 64.2106 of the Commission's
rules by filing with the FCC a Telecommunications Carrier Systems Security
and Integrity Plan. Resellers of local exchange services, both facilities-based
and switchless, must also comply with these rules.
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March 2, 1999
Order DA 99-412 granting Alcatel Network
Systems; Lucent Technologies, Inc.; Motorola, Inc.; Northern Telecom, Inc.; and
Siemens Information and Communications Networks requests for confidential
treatment of pricing and revenue data. |
November 5, 1998
Further Notice of Proposed Rulemaking FCC 98-282
to address deficiencies in industry-developed technical requirements for
wireline, cellular, and broadband Personal Communications Services (PCS)
carriers to comply with the assistance capability requirements. See the Report No. ET 98-8 news release of
October 22, 1998. |
September 11, 1998
Memorandum Opinion and Order FCC 98-223
extending the compliance date for meeting the assistance capability requirements
from October 25, 1998 to June 30, 2000, for all telecommunications carriers
industry-wide. |
April 20, 1998
Public Notice DA 98-762 requesting comment on
the issues raised in several petitions focusing on date and standards issues. |
October 10, 1997
Notice of Proposed Rule Making FCC 97-356 on
administrative implementation of CALEA. Topics addressed include definition of
carriers, carrier security policies, and Section 109 issues.
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