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Reminder of CALEA Compliance Filing Deadlines for Telecommunications Carriers and Providers of Broadband and VoIP Services
January 22, 2007
On August 5, 2005, the Federal Communications Commission (“FCC”) adopted a First Report and Order in which it determined that, like telecommunications carriers, providers of facilities-based broadband Internet services and interconnected VoIP services are subject to the law enforcement wiretap rules established under the Communications Assistance for Law Enforcement Act (“CALEA”). 1 The FCC required providers of these services to have the capability to accommodate law enforcement wiretaps in conformity with CALEA no later than May 14, 2007.
In its Second Report and Order in the proceeding, released on May 12, 2006, the FCC provided additional guidance on a number of issues raised in the First Report and Order, including required assistance capabilities, extensions, exemptions, cost recovery, and enforcement. Among other things, the FCC required all covered service providers to submit interim reports to the FCC explaining the steps they are taking to ensure that they will be CALEA-compliant by the May 14, 2007 deadline. Summarized below are the filing requirements that the FCC established in the Second Report and Order:
| Required Filing | Deadline |
| FCC Form 445 (CALEA Monitoring Report for Broadband and VoIP Services) | February 12, 2007 |
| “Attesting Letter” confirming that any petition for an extension of time to come into compliance with CALEA that is currently on file at the FCC exclusively concerns equipment, facilities, or services installed or deployed prior to October 25, 1998 | February 12, 2007 |
| System Security and Integrity (“SSI”) Plan | March 12, 2007 |
The purpose of FCC Form 445 is to aid covered service providers in monitoring their progress with respect to compliance with the May 14, 2007 deadline. The form and its instructions are attached and can also be found on the FCC’s website at http://www.fcc.gov/formpage.html. FCC Form 445 will be treated as presumptively confidential under the FCC’s rules when marked as “Confidential - Not for Public Inspection” and filed under seal.
Only covered service providers who currently have a petition for an extension to comply with CALEA requirements on file at the FCC must submit an “Attesting Letter.” The FCC concluded in the Second Report and Order that extension requests are only available with respect to equipment, facilities, or services installed or deployed prior to October 25, 1998, the effective date of CALEA. As such, covered service providers who currently have an extension request on file must submit a letter by February 12, 2007 confirming that the petition exclusively concerns equipment, facilities, or services installed or deployed prior October 25, 1998. Any covered service provider who believes that it is entitled to an extension and has not submitted a request may file a new petition at any time.
In addition, any covered service provider who finds that its CALEA compliance solution is not “reasonably achievable” because of “significant difficulty or expense” may file a petition for cost recovery under the statute. Generally, cost recovery is granted only in extraordinary circumstances, and the covered service provider faces a high burden of proof to obtain relief. Like FCC Form 445, extension and cost recovery requests will be treated as presumptively confidential when marked as “Confidential - Not for Public Inspection” and filed under seal.
The System Security and Integrity (“SSI”) Plan consists of the policies and procedures adopted by the covered service provider to ensure compliance with CALEA. Submission of the SSI Plan involves a detailed showing that the guidelines in place are appropriate to ensure that wiretapping does not occur without proper legal authorization and that the covered service provider maintains secure and accurate records regarding the interception of calls or access to call-identifying information. Covered service providers must request confidential treatment for any information contained in their SSI Plans that they believe should not be routinely disclosed due to its sensitive nature. Covered service providers remain obligated to update the FCC of any changes to their SSI Plans after filing.
We would be pleased to respond to any questions regarding this matter.
1 A number of parties filed suit in the U.S. Court of Appeals in Washington, D.C., alleging that the FCC’s decision in the First Report and Order exceeded its authority under CALEA . In a consolidated case regarding the complaints, the court upheld the application of CALEA to broadband and VoIP service providers. The court subsequently denied a petition for rehearing of the matter.