Note: The following information is provided for general reference purposes only and should not be relied upon for a full and complete understanding of the CALEA statute. Carriers and others seeking to know how they are affected by CALEA should consult the statute and relevant FCC rules, Orders, and other publications, as well as rules and other documents published by the United States Department of Justice and the Federal Bureau of Investigation (FBI).

CALEA compliance is a legal obligation imposed on all carriers covered by the statute. To assist carriers with designing a schedule for becoming CALEA-compliant, the FBI has developed a carrier Flexible Deployment Assistance program for circuit mode compliance. Note that this program has been discontinued for packet mode extension requests. The FCC encourages all carriers to consult with the FBI about program details. Detailed instructions and contact information for this program, as well as summary information about current CALEA compliance requirements, may be obtained online from the FBI/CIS: http://www.askcalea.net.

If your switching equipment was placed in service prior to January 1, 1995, you are already deemed compliant temporarily with CALEA's capability requirements, pursuant to CALEA section 109(d). Carriers with pre-1/1/95 equipment should note that when "equipment, facility or service is replaced or significantly upgraded or otherwise undergoes major modifications," it must become fully compliant with CALEA's capability requirements. See CALEA section 109(d); 47 USC §1008(d).

If your switching equipment was placed in service after January 1, 1995, you must be CALEA-compliant or obtain a section 107(c) extension from the FCC. "CALEA compliant" means that a carrier is compliant with CALEA section 103's capability requirements or compliant with the Telecommunications Industry Association's (TIA's) J-STD-025 Revision A document. This document is available online for a fee from TIA's website: www.tiaonline.org. In simple terms, "CALEA compliant" means that a carrier's CALEA facilities include all CALEA elements prescribed to date: the original J-Standard items; the six "punchlist" items; and (where applicable), packet items.

CALEA solutions for circuit mode (J Standard, including punch list) are now widely available from manufacturers and third party CALEA service providers. Current provisional section 107(c) extensions for punch list expire on June 30, 2004, and the FCC expects all carriers to be punch list compliant by that date. If petitioners nevertheless think they qualify for additional section 107(c) extensions, they should consult the September 28, 2001 Public Notice for instructions. The Public Notice is available online in pdf, Word, and text formats:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2243A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2243A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2243A1.txt

FCC-granted preliminary extensions in connection with "packet"-related 107(c) petitions were scheduled to expire on November 19, 2003. Pursuant to the Public Notice issued on November 19, 2003, these preliminary extensions were further extended to January 30, 2004. The Nov. 19th Public Notice is available online in pdf, Word, and text formats:
http://hraunfoss.fcc.gov./edocs_public/attachmatch/DA-03-3722A1.pdf
http://hraunfoss.fcc.gov./edocs_public/attachmatch/DA-03-3722A1.doc
http://hraunfoss.fcc.gov./edocs_public/attachmatch/DA-03-3722A1.txt

Any additional guidance for filing 107(c) extensions will be publicly noticed and posted on the FCC's CALEA webpage.

Potential petitioners -- and all carriers -- should be aware that in May 2004, the FBI released the Fourth Edition of the CALEA Flexible Deployment Assistance Guide. This guide provides the most current information about FBI policies regarding carrier CALEA implementation responsibilities, including FBI policy regarding support for compliance extension petitions. The Fourth Edition Schedule template is available in Microsoft Excel format.

In some cases, carriers may validly claim that compliance with CALEA's capability standards is not reasonably achievable as defined in CALEA section 109. Such carriers may file petitions with the Commission under CALEA section 109(b). Section 109(b) petitions must be adequately supported and the FCC decides whether to grant the petition strictly in reference to criteria set out in section 109(b). Accordingly, carriers are encouraged to consult with competent legal and technical counsel before filing such a petition. Please note that a filing fee of $5,000.00 is required to accompany all CALEA section 109(b) petitions filed with the FCC.

Please note also that grant of a CALEA section 109(b) petition does not constitute a "waiver" of CALEA requirements. Instead, a carrier is deemed compliant until its "equipment, facility or service is replaced or significantly upgraded or otherwise undergoes major modifications" (see CALEA section 109(d)). When that happens, the carrier is obligated under the law to select CALEA-compliant equipment to replace, modify or upgrade non-compliant equipment. The FCC may also specify in the CALEA section 109(b) order granting a carrier's petition the specific date when the replacement, upgrade or modification will occur and when CALEA compliance is required.

In other words, a carrier's obligation to comply with all CALEA requirements is only deferred by FCC grant of a section 109 (or section 107) petition. No qualifying carrier is exempt from CALEA.

CALEA also requires telecommunications carriers to file with the Commission 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 (available at http://www.access.gpo.gov/nara/cfr/waisidx_03/47cfr64_03.html) by filing with the Commission a Telecommunications Carrier Systems Security and Integrity Plan. Resellers of local exchange services, both facilities-based and switchless, must also comply with these rules by filing a Systems Security and Integrity Plan.

The FCC has announced it plans to undertake a comprehensive review of issues relating to CALEA implementation, including policies regarding section 107(c) extensions. Carriers and all interested parties should consult FCC Public Notices and the FCC webpage for further announcements and developments.

Additional information about CALEA is available on the FBI's CALEA web site, and on the Wireline Competition Bureau's CALEA page.

11/19/03
Public Notice by the Wireline Competition and Wireless Telecommunications Bureaus Announces a Revised Schedule for Consideration of Pending Packet Mode CALEA Section 107(C) Petitions and Related Issues.
DA 03-3722: [ Word | Acrobat ]

4/11/02
Order on Remand requires that wireline, cellular and broadcast PCS carriers provide "punch list" electronic surveillance capabilities by June 30, 2002.
FCC 02-108: [ Text | Acrobat ]

9/28/01
Public Notice on the Common Carrier and Wireless Telecommunication Bureaus Establishes Procedures for Carriers to Submit or Supplement CALEA, Section 107(c) Extension Petitions, Both Generally With Respect to Packet-Mode and Other Safe Harbor Standards.
DA 01-2243: [ Text | Acrobat ]

9/21/01
CALEA Order temporarily suspends the September 30, 2001 compliance date and grants carriers until November 19, 2001 to come into compliance.
FCC 01-265: [ Text | Word97 | Acrobat ]

8/15/01
The Communications Assistance for Law Enforcement Act (CALEA), Section 107(C)Extension of Capability Requirements. Grants an extension for compliance with the assistance capability requirements of section 103 of CALEA, 47 U.S.C. Section 1002(a)(1)-(4) until the dates agreed to by the FBI as set forth in each carrier's individual FBI support letter.
DA 01-1902: [ Text | Word ]
Appendix to DA 1-1902: [ Text | Word ]

4/16/01
Second Order on Reconsideration clarifies arrangements that carriers must make to interact with LEAs.
FCC 01-126: [ Text | Acrobat ]

3/15/01
Wireless Telecommuncations Bureau extends CALEA Section 107(c) preliminary determination period for wireless carriers until September 30, 2001; Seeks comment on additional extension petitions.
Report No. CALEA-004, DA 01-673: [ Word | Acrobat ]

6/30/00
Public Notice by the Wireless Telecommunications Bureau to Announce CALEA Section 107(c) extension petitions filed and deemed to have an extension to March 31, 2001.
Report No. CALEA-001: [ Word ]

4/25/00
CALEA Section 103 Compliance and Section 107(c) Petitions provides instructions for carriers needing an extension of the deadline for complying with CALEA.
FCC 00-154: [ Text | Word ]

8/31/99
Third Report & Order adopts technical requirements for carriers to comply with CALEA.
FCC 98-230: [ Text | Acrobat ]

8/31/99
Second Report & Order defines telecommunications carriers and discusses how the definition applies to various types of service providers.
FCC 98-229: [ Text | Acrobat ]

9/11/98
Memorandum Opinion and Order grants an extension to June 20, 2000 for complying with CALEA.
FCC 98-223: (Text) (PDF) (News Release - HTML) (Erratum)

For further information, please contact Stanley Wiggins, Wireless Telecommunications Bureau (202) 418-1308, David Ward, Wireline Competition Bureau (202) 418-2336, or Rodney Small, Office of Engineering and Technology (202) 418-2452.