47 U.S.C. § 1007 : US Code - Section 1007: Enforcement orders

Search 47 U.S.C. § 1007 : US Code - Section 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;
(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
(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.