
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC1006]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
       CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
 
     SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
 
Sec. 1006. Technical requirements and standards; extension of 
        compliance date
        

(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) of this section, 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--
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    \1\ So in original. Probably should not be capitalized.
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        (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.

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

                       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.
