47 U.S.C. § 1006 : US Code - Section 1006: Technical requirements and standards; extension of compliance date

Search 47 U.S.C. § 1006 : US Code - Section 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 -
(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.