47 U.S.C. § 229 : US Code - Section 229: Communications Assistance for Law Enforcement Act compliance

Search 47 U.S.C. § 229 : US Code - Section 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.