
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: 47USC1007]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
       CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
 
     SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
 
Sec. 1007. Enforcement orders


(a) Grounds for issuance

    A court shall issue an order enforcing this subchapter under section 
2522 of title 18 only if the court finds that--
        (1) alternative technologies or capabilities or the facilities 
    of another carrier are not reasonably available to law enforcement 
    for implementing the interception of communications or access to 
    call-identifying information; and
        (2) compliance with the requirements of this subchapter is 
    reasonably achievable through the application of available 
    technology to the equipment, facility, or service at issue or would 
    have been reasonably achievable if timely action had been taken.

(b) Time for compliance

    Upon issuing an order enforcing this subchapter, the court shall 
specify a reasonable time and conditions for complying with its order, 
considering the good faith efforts to comply in a timely manner, any 
effect on the carrier's, manufacturer's, or service provider's ability 
to continue to do business, the degree of culpability or delay in 
undertaking efforts to comply, and such other matters as justice may 
require.

(c) Limitations

    An order enforcing this subchapter may not--
        (1) require a telecommunications carrier to meet the 
    Government's \1\ demand for interception of communications and 
    acquisition of call-identifying information to any extent in excess 
    of the capacity for which the Attorney General has agreed to 
    reimburse such carrier;
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    \1\ So in original. Probably should not be capitalized.
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        (2) require any telecommunications carrier to comply with 
    assistance capability requirement \2\ 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
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    \2\ So in original. Probably should be ``requirements''.
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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.

(Pub. L. 103-414, title I, Sec. 108, Oct. 25, 1994, 108 Stat. 4285.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1002, 1005 of this title; 
title 18 section 2522.
