[Federal Register Volume 65, Number 38 (Friday, February 25, 2000)]
[Notices]
[Pages 10092-10093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4385]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission

February 16, 2000.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.

DATES: Written comments should be submitted on or before March 27, 
2000. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all comments to Judy Boley, Federal Communications 
Commission, Room 1-C804, 445 12th Street, SW, DC 20554 or via the 
Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Judy Boley at 202-418-0214 or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-0809.
    Title: Communications Assistance for Law Enforcement Act (CALEA), 
Report and Order and Order on Reconsideration.
    Form No.: Not applicable.
    Type of Review: Extension to a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 5,000 respondents; 6,000 responses.
    Estimated Time Per Response: 6 hours.
    Frequency of Response: Recordkeeping and on occasion reporting 
requirement.
    Total Annual Burden: 36,000 hours.
    Total Annual Cost: N/A.
    Needs and Uses: A Report and Order (R&O) considering the proposals 
made in the Notice of Proposed Rulemaking (NPRM) was adopted by the 
Commission in January 1999. The R&O made certain revisions to the 
burdens approved in the NPRM, chiefly to make them as effective as 
possible with minimum negative impact on telecommunications carriers.
    The R&O requires that telecommunications carriers: establish and 
submit to the Commission their policies and procedures for ensuring 
that any interception of communications or access to call-identifying 
information effected within its switching premises can be activated 
only in accordance with lawful authorization and with the affirmative 
intervention of an individual officer or employee of the carrier, 
acting in accordance with regulations prescribed by the Commission. 
This submission must include information regarding the appointment of 
any individual whose job function will include being a point of contact 
for law enforcement to reach on a daily, around-the-clock basis, 
including a description of that individual's job function and a method 
of contacting that individual. The Commission did not adopt a proposal 
contained in the NPRM to establish less burdensome filing requirements 
for submission of policies and procedures by smaller carriers, finding 
that CALEA does not make a distinction between carriers based on size, 
for the purpose of determining who must submit their policies and 
procedures to the Commission. The Commission must review carriers' 
policies and procedures to determine whether they are in compliance 
with the rules established in CALEA. If the Commission determines that 
any carrier's policies and procedures are non-compliant, the carrier 
shall modify its policies and procedures accordingly.
    The R&O also established certification and recordkeeping 
requirements covering each interception of communications or access to 
call-identifying information, made with or without appropriate 
authorization. The certification requirement could be met by having the 
designated company liaison sign the certification statement, verifying 
that the records are complete and accurate, and attaching the 
appropriate legal authorization, as well as any extensions that have 
been granted. The R&O adopted a two-tiered recordkeeping requirement. 
It mandated that telecommunications carriers maintain records of call-
identifying information and unauthorized interceptions for ten years; 
it required carriers to maintain records relating to the content of 
each authorized interception of communications for a period of time 
determined by them in accordance with the policies and procedures that 
they establish under section 229(b) of the Communications Act and 
applicable state and federal statutes of limitation. The R&O then 
required that carriers include in their policies and procedures, 
submitted to the Commission for review, a detailed description of how 
long they will maintain their record of interception, and reasonable 
justification for the time period that carriers choose for their 
individual record retention. The R&O noted that the Commission retains 
authority to modify any carrier's policy or procedure that is 
determined not to be in compliance with these regulations.
    The Order revises the recordkeeping obligations adopted in the R&O 
by finding that carriers need not retain the content or call-
identifying information of any interceptions of communications. Thus, 
it replaces the requirement that carriers maintain records of 
unauthorized interceptions for ten years with one that allow the 
carriers to maintain the certification, as is the case with authorized 
interceptions, for a ``reasonable period of time''.
    The Office of Management and Budget (OMB) approved the revised 
information collection burdens in the R&O and the Order on 2/2/00. This 
temporary approval expires at the end of

[[Page 10093]]

April 2000. The Commission is thus seeking a full three-year extension 
of approval. The Commission will use the information submitted to 
determine whether or not the telecommunications carriers are in 
conformance with CALEA's requirements and the Commission's Rules. Law 
enforcement officials will use the information maintained by 
telecommunications carriers to determine the accountability and 
accuracy of telecommunications carriers' compliance with lawful 
electronic surveillance orders.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-4385 Filed 2-24-00; 8:45 am]
BILLING CODE 6712-01-P