Technical requirements and standards; extension of compliance date

Source Credit

(a) Safe harbor
(1) Consultation
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.
(2) Compliance under accepted standards
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.
(3) Absence of standards
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.
(b) Commission authority
If industry associations or standard-setting organizations fail to issue technical requirements or standards or if a Government 1 agency or any other person believes that such requirements or standards are deficient, the agency or person may petition the Commission to establish, by rule, technical requirements or standards that—
(1) meet the assistance capability requirements of section 1002 of this title by cost-effective methods;
(2) protect the privacy and security of communications not authorized to be intercepted;
(3) minimize the cost of such compliance on residential ratepayers;
(4) serve the policy of the United States to encourage the provision of new technologies and services to the public; and
(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.
(c) Extension of compliance date for equipment, facilities, and services
(1) Petition
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.
(2) Grounds for extension
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.
(3) Length of extension
An extension under this subsection shall extend for no longer than the earlier of—
(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
(B) the date that is 2 years after the date on which the extension is granted.
(4) Applicability of extension
An extension under this subsection shall apply to only that part of the carrier's business on which the new equipment, facility, or service is used.

History

(Pub. L. 103–414, title I, §107, Oct. 25, 1994, 108 Stat. 4284.)

Editorial Notes

Editorial Notes

References in Text
The effective date of section 1002 of this title, referred to in subsec. (c)(1), is the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103–414, set out as an Effective Date note under section 1001 of this title.