
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC229]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 229. Communications Assistance for Law Enforcement Act 
        compliance
        

(a) In general

    The Commission shall prescribe such rules as are necessary to 
implement the requirements of the Communications Assistance for Law 
Enforcement Act [47 U.S.C. 1001 et seq.].

(b) Systems security and integrity

    The rules prescribed pursuant to subsection (a) of this section 
shall include rules to implement section 105 of the Communications 
Assistance for Law Enforcement Act [47 U.S.C. 1004] that require common 
carriers--
        (1) to establish appropriate policies and procedures for the 
    supervision and control of its officers and employees--
            (A) to require appropriate authorization to activate 
        interception of communications or access to call-identifying 
        information; and
            (B) to prevent any such interception or access without such 
        authorization;

        (2) to maintain secure and accurate records of any interception 
    or access with or without such authorization; and
        (3) to submit to the Commission the policies and procedures 
    adopted to comply with the requirements established under paragraphs 
    (1) and (2).

(c) Commission review of compliance

    The Commission shall review the policies and procedures submitted 
under subsection (b)(3) of this section and shall order a common carrier 
to modify any such policy or procedure that the Commission determines 
does not comply with Commission regulations. The Commission shall 
conduct such investigations as may be necessary to insure compliance by 
common carriers with the requirements of the regulations prescribed 
under this section.

(d) Penalties

    For purposes of this chapter, a violation by an officer or employee 
of any policy or procedure adopted by a common carrier pursuant to 
subsection (b) of this section, or of a rule prescribed by the 
Commission pursuant to subsection (a) of this section, shall be 
considered to be a violation by the carrier of a rule prescribed by the 
Commission pursuant to this chapter.

(e) Cost recovery for Communications Assistance for Law Enforcement Act 
        compliance

                      (1) Petitions authorized

        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].

                      (2) Commission authority

        The Commission may grant, with or without modification, a 
    petition under paragraph (1) if the Commission determines that such 
    costs are reasonable and that permitting recovery is consistent with 
    the public interest. The Commission may, consistent with maintaining 
    just and reasonable charges, practices, classifications, and 
    regulations in connection with the provision of interstate or 
    foreign communication by wire or radio by a common carrier, allow 
    carriers to adjust such charges, practices, classifications, and 
    regulations in order to carry out the purposes of this chapter.

                           (3) Joint board

        The Commission shall convene a Federal-State joint board to 
    recommend appropriate changes to part 36 of the Commission's rules 
    with respect to recovery of costs pursuant to charges, practices, 
    classifications, and regulations under the jurisdiction of the 
    Commission.

(June 19, 1934, ch. 652, title II, Sec. 229, as added Pub. L. 103-414, 
title III, Sec. 301, Oct. 25, 1994, 108 Stat. 4292.)

                       References in Text

    The Communications Assistance for Law Enforcement Act, referred to 
in subsecs. (a) and (e), is title I of Pub. L. 103-414, Oct. 25, 1994, 
108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001 
et seq.) of chapter 9 of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1001 of this 
title and Tables.
