§1002. Assistance capability requirements — Inbound Citations

Citations to 47 U.S.C. § 1002 as a whole

• 47 U.S.C. § 229(e)(1)

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  (1) A common carrier may petition the Commission to adjust charges, practices, classifications, and regulations to recover costs expended for making modifications to equipment, facilities, or services pursuant to the requirements of section 103 of the Communications Assistance for Law Enforcement Act [47 U.S.C. 1002].
• 47 U.S.C. § 1005(a)

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  (a) A telecommunications carrier shall consult, as necessary, in a timely fashion with manufacturers of its telecommunications transmission and switching equipment and its providers of telecommunications support services for the purpose of ensuring that current and planned equipment, facilities, and services comply with the capability requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title.
• 47 U.S.C. § 1005(b)

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  (b) Subject to sections 1003(e), 1007(a), and 1008(b) and (d) of this title, a manufacturer of telecommunications transmission or switching equipment and a provider of telecommunications support services shall, on a reasonably timely basis and at a reasonable charge, make available to the telecommunications carriers using its equipment, facilities, or services such features or modifications as are necessary to permit such carriers to comply with the capability requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title.
• 47 U.S.C. § 1006(a)(1)

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  (1) To ensure the efficient and industry-wide implementation of the assistance capability requirements under section 1002 of this title, the Attorney General, in coordination with other Federal, State, and local law enforcement agencies, shall consult with appropriate associations and standard-setting organizations of the telecommunications industry, with representatives of users of telecommunications equipment, facilities, and services, and with State utility commissions.
• 47 U.S.C. § 1006(a)(2)

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  (2) A telecommunications carrier shall be found to be in compliance with the assistance capability requirements under section 1002 of this title, and a manufacturer of telecommunications transmission or switching equipment or a provider of telecommunications support services shall be found to be in compliance with section 1005 of this title, if the carrier, manufacturer, or support service provider is in compliance with publicly available technical requirements or standards adopted by an industry association or standard-setting organization, or by the Commission under subsection (b), to meet the requirements of section 1002 of this title.
• 47 U.S.C. § 1006(a)(3)

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  (3) The absence of technical requirements or standards for implementing the assistance capability requirements of section 1002 of this title shall not—

  (A) preclude a telecommunications carrier, manufacturer, or telecommunications support services provider from deploying a technology or service; or

  (B) relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed by section 1002 or 1005 of this title, as applicable.
• 47 U.S.C. § 1006(a)(3)(B)

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  (B) relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed by section 1002 or 1005 of this title, as applicable.
• 47 U.S.C. § 1006(b)(1)

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  (1) meet the assistance capability requirements of section 1002 of this title by cost-effective methods;
• 47 U.S.C. § 1006(b)(5)

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  (5) provide a reasonable time and conditions for compliance with and the transition to any new standard, including defining the obligations of telecommunications carriers under section 1002 of this title during any transition period.
• 47 U.S.C. § 1006(c)(1)

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  (1) A telecommunications carrier proposing to install or deploy, or having installed or deployed, any equipment, facility, or service prior to the effective date of section 1002 of this title may petition the Commission for 1 or more extensions of the deadline for complying with the assistance capability requirements under section 1002 of this title.
• 47 U.S.C. § 1006(c)(2)

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  (2) The Commission may, after consultation with the Attorney General, grant an extension under this subsection, if the Commission determines that compliance with the assistance capability requirements under section 1002 of this title is not reasonably achievable through application of technology available within the compliance period.
• 47 U.S.C. § 1006(c)(3)(A)

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  (A) the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under section 1002 of this title; or
• 47 U.S.C. § 1007(c)(2)

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  (2) require any telecommunications carrier to comply with assistance capability requirement² of section 1002 of this title if the Commission has determined (pursuant to section 1008(b)(1) of this title) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 1008(b)(2) of this title) to pay the costs described in section 1008(b)(2)(A) of this title; or
• 47 U.S.C. § 1007(c)(3)

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  (3) require a telecommunications carrier to modify, for the purpose of complying with the assistance capability requirements of section 1002 of this title, 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.
• 47 U.S.C. § 1008(a)

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  (a) The Attorney General may, subject to the availability of appropriations, agree to pay telecommunications carriers for all reasonable costs directly associated with the modifications performed by carriers in connection with equipment, facilities, and services installed or deployed on or before January 1, 1995, to establish the capabilities necessary to comply with section 1002 of this title.
• 47 U.S.C. § 1008(b)(1)

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  (1) The Commission, on petition from a telecommunications carrier or any other interested person, and after notice to the Attorney General, shall determine whether compliance with the assistance capability requirements of section 1002 of this title is reasonably achievable with respect to any equipment, facility, or service installed or deployed after January 1, 1995. The Commission shall make such determination within 1 year after the date such petition is filed. In making such determination, the Commission shall determine whether compliance would impose significant difficulty or expense on the carrier or on the users of the carrier’s systems and shall consider the following factors:

  (A) The effect on public safety and national security.

  (B) The effect on rates for basic residential telephone service.

  (C) The need to protect the privacy and security of communications not authorized to be intercepted.

  (D) The need to achieve the capability assistance requirements of section 1002 of this title by cost-effective methods.

  (E) The effect on the nature and cost of the equipment, facility, or service at issue.

  (F) The effect on the operation of the equipment, facility, or service at issue.

  (G) The policy of the United States to encourage the provision of new technologies and services to the public.

  (H) The financial resources of the telecommunications carrier.

  (I) The effect on competition in the provision of telecommunications services.

  (J) The extent to which the design and development of the equipment, facility, or service was initiated before January 1, 1995.

  (K) Such other factors as the Commission determines are appropriate.
• 47 U.S.C. § 1008(b)(1)(D)

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  (D) The need to achieve the capability assistance requirements of section 1002 of this title by cost-effective methods.
• 47 U.S.C. § 1008(b)(2)

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  (2) If compliance with the assistance capability requirements of section 1002 of this title is not reasonably achievable with respect to equipment, facilities, or services deployed after January 1, 1995—

  (A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, to pay the telecommunications carrier for the additional reasonable costs of making compliance with such assistance capability requirements reasonably achievable; and

  (B) if the Attorney General does not agree to pay such costs, the telecommunications carrier shall be deemed to be in compliance with such capability requirements.
• 47 U.S.C. § 1008(d)

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  (d) If a carrier has requested payment in accordance with procedures promulgated pursuant to subsection (e), and the Attorney General has not agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring any equipment, facility, or service deployed on or before January 1, 1995, into compliance with the assistance capability requirements of section 1002 of this title, such equipment, facility, or service shall be considered to be in compliance with the assistance capability requirements of section 1002 of this title until the equipment, facility, or service is replaced or significantly upgraded or otherwise undergoes major modification.
• 47 U.S.C. § 1010(b)(2)

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  (2) A report under paragraph (1) shall include findings and conclusions on the costs to be incurred by telecommunications carriers to comply with the assistance capability requirements of section 1002 of this title after the effective date of such section 1002 of this title, including projections of the amounts expected to be incurred and a description of the equipment, facilities, or services for which they are expected to be incurred.