[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 14834-14835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7631]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part O
[CC Docket No. 97-213, DA 99-412]
Communications Assistance for Law Enforcement Act
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Chief, Office of Engineering and
Technology granted five requests for confidential treatment to withhold
data from routine public inspection filed by telecommunications
equipment manufacturers: Alcatel Network Systems (``Alcatel''); Lucent
Technologies Inc. (``Lucent''); Motorola, Inc. (``Motorola''); Northern
Telecom Inc. (``Nortel Networks''); and Siemens Information and
Communication Networks (``Siemens''). The material for which
confidential treatment is sought contains detailed proprietary pricing
estimates that constitute ``trade secrets and commercial or financial
information and privileged or confidential categories of materials not
routinely available for public inspection.
DATES: Effective March 29, 1999.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 12th Street, SW, Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering
and Technology, (202) 418-2452.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
CC Docket 97-213, DA 99-412, adopted February 26, 1999, and released
March 2, 1999. The full text of this Commission decision is available
for inspection and copying during normal business hours in the FCC
Reference Center (Room TW-A306), 445 12th Street, S.W., Washington,
D.C., and also may be purchased from the Commission's duplication
contractor, International Transcription Service, (202) 857-3800, 1231
20th Street, N.W., Washington, D.C. 20036.
Summary of the Order
1. On December 14, 1998, requests for confidential treatment of
data pursuant to section 0.459 of the Commission's Rules, see generally
Treatment of Confidential Information Submitted to the Commission, GC
Docket No. 96-55, Report and Order, 63 FR 44161, August 8, 1998, was
filed in this proceeding by five telecommunications equipment
manufacturers: Alcatel Network Systems (``Alcatel''); Lucent
Technologies Inc. (``Lucent''); Motorola, Inc. (``Motorola''); Northern
Telecom Inc. (``Nortel Networks''); and Siemens Information and
Communication Networks (``Siemens''). Additionally, on January 29,
1999, Alcatel filed a second request for confidential treatment of data
filed in this proceeding. We grant these requests and withhold the
associated data from routine public inspection for the reasons stated
below.
2. In the Further Notice of Proposed Rulemaking (Further NPRM), 63
FR 63639, November 16, 1998, in this proceeding, the Commission reached
tentative conclusions regarding the technical requirements of the
Communications Assistance for Law Enforcement Act (``CALEA'') in
relation to wireline, cellular, and broadband PCS telecommunications
carriage, and sought comment on a range of related issues. The Further
NPRM was initiated in response to industry adoption of an interim
standard, known as J-STD-025, and petitions for rulemaking that were
filed challenging J-STD-025's inclusion or exclusion of certain
technical requirements. In the Further NPRM, the Commission stated that
it did not intend to reexamine any of the uncontested technical
requirements of the J-STD-025 standard but instead would make
determinations only regarding whether each of the contested
requirements meet the assistance capability requirements of section 103
of CALEA. These contested requirements are the location information and
packet-mode provisions currently included within J-STD-025, and the
nine ``punch list'' items that are currently not included but are
sought by the law enforcement community.
3. Also in the Further NPRM, the Commission stated that, in its
efforts to determine what features and capabilities fall within the
parameters of CALEA, it must consider five specific factors, pursuant
to section 107(b) of CALEA. These specific factors are that the
features and capabilities: meet the assistance capability requirements
of section 103 by cost-effective methods; protect the privacy and
security of communications not authorized to be intercepted; minimize
the cost of such compliance on residential ratepayers; serve the policy
of the United States to encourage the provision of new technologies and
services to the public; and provide a reasonable time and conditions
for compliance with and the transition to any new standard, including
defining the obligations of telecommunications carriers under
[[Page 14835]]
section 103 during any transition period. The Commission strongly
encouraged commenters to provide it with information as detailed and
specific as possible, including in particular:
detailed comment regarding the costs of adding a feature to a
telecommunications carrier's network and on what, if any, impact of
such costs will have on residential ratepayers. Commenters should
consider the costs to manufacturers in developing the equipment or
software needed to implement the technical requirement, as well as
the cost to carriers to install and deploy such equipment.
Commenters should be specific as to which entities would incur the
cost of adding particular features; e.g., manufacturers, local
exchange carriers (LECs), interexchange carriers (IXCs), or
commercial mobile radio service (CMRS) providers, etc. Commenters
should also be specific as to what costs would be incurred for
hardware, as opposed to software upgrades to carriers' networks, and
whether some of these upgrades would have other uses in the
networks. If costs are likely to be passed on to residential
ratepayers, those costs should be identified, as well as specific
mechanisms that could be used to minimize such costs.
4. In response to the Further NPRM, on December 14, 1998, Alcatel,
Lucent, Motorola, Nortel Networks, and Siemens filed specific cost data
with a request that the data be treated as confidential material
pursuant to section 0.459 of the Rules. Additionally, in response to a
request of January 26, 1999, from the Commission's staff, on January
29, 1999. Alcatel filed additional cost data with a request that the
data be treated as confidential material pursuant to section 0.459 of
the Rules. Based on our review, we find that the requestors have
complied with the provisions of section 0.459(a) that a copy of the
request shall be attached to and cover all of the materials to which it
applies and all copies of those materials, and with the provisions of
section 0.459(b) that each request shall contain a statement of the
reasons for withholding the materials from inspection and of the facts
upon which those records are based. We further find that the material
for which confidential treatment is sought contains detailed
proprietary pricing estimates that, pursuant to section 0.457(d) of the
Commission's Rules, constitute ``trade secrets and commercial or
financial information . . . and privileged or confidential categories
of materials not routinely available for public inspection, 5 U.S.C.
552(b)(4) and 18 U.S.C. 1905.'' Therefore, we grant the requests to the
extent they seek confidential treatment pursuant to the Commission's
rules.
5. Finally, we recognize that while the Commission generally has
not afforded confidential treatment to material submitted in
rulemakings, granting confidential treatment under these unique
circumstances will not deprive other interested parties of a meaningful
opportunity to review and comment on the material. Specifically, we
intend to aggregate the data, if possible, in a manner that does not
reveal the confidential information so that we may release the
aggregated data for public inspection and comment. In this respect, on
January 26, 1999, the staff requested that each manufacturer supply
clarifying information that will better enable us to aggregate the data
supplied by them. The responses to the staff's request will also be
accorded confidential treatment. In rendering our final decision, we
intend to consider only the aggregated data and not the individual data
provided by the manufacturers.
6. Accordingly, pursuant to section 0.459(d)(2) of the Commission's
Rules, 47 CFR 0.459(d)(2) (1998), it is ordered that the requests for
confidential treatment filed in this proceeding on December 14, 1998 by
Alcatel Network Systems; Lucent Technologies Inc.; Motorola, Inc.;
Northern Telecom Inc.; and Siemens Information and Communication
Networks; and the request for confidential treatment filed in this
proceeding on January 29, 1999 by Alcatel Network Systems are granted
to the extent indicated.
7. A copy of the Order will be placed in the public file in lieu of
the materials withheld from public inspection. Another copy will be
forwarded to the General Counsel of the Commission.
List of Subjects in 47 CFR Part O
Classified information, Reporting and recordkeeping requirements.
Federal Communications Commission.
Bruce A. Franca,
Deputy, Office of Engineering and Technology.
[FR Doc. 99-7631 Filed 3-26-99; 8:45 am]
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