[Federal Register Volume 65, Number 178 (Wednesday, September 13, 2000)]
[Notices]
[Pages 55242-55243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23500]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 00-2022, CC Docket No. 97-213]


Comment Invited on CTIA Petition To Suspend CALEA Compliance Date

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: On August 23, 2000, the Cellular Telecommunications Industry 
Association (``CTIA'') filed a petition to immediately suspend the 
September 30, 2001 compliance date for implementation of certain 
assistance capabilities under the Communications

[[Page 55243]]

Assistance for Law Enforcement Act (``CALEA''). CTIA states that in 
view of the decision by the United States Court of Appeals for the 
District of Columbia Circuit (``Court''), the Commission should suspend 
the September 30, 2001 compliance date.

DATES: Comments Due: September 15, 2000.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the text of the Public 
Notice, DA 2022, released September 1, 2000. The document is available 
for inspection and copying during normal business hours in the FCC 
Reference Information Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC, and also may be purchased from the Commission's 
duplication contractor, International Transcription Service, (202) 857-
3800, 1231 20th Street, NW. Washington, DC 20036.

Summary of the Public Notice

    1. On August 23, 2000, the Cellular Telecommunications Industry 
Association (``CTIA'') filed a petition to immediately suspend the 
September 30, 2001 compliance date for implementation of certain 
assistance capabilities under the Communications Assistance for Law 
Enforcement Act (``CALEA''). CTIA states that in view of the August 15, 
2000 decision by the United States Court of Appeals for the District of 
Columbia Circuit (``Court'') to vacate and remand portions of the 
Commission's Third Report and Order in Docket 97-213, 65 FR 51710, 
September 24, 1999, the Commission should suspend the September 30, 
2001 compliance date to ensure an orderly and cost-efficient 
implementation of six ``punch list'' capabilities and a packet-mode 
communications capability required by the Third Report and Order, 65 FR 
51710, September 24, 1999. CTIA notes that the Court remanded to the 
Commission for further consideration only four of the six punch list 
capabilities. CTIA further notes that the Court generally upheld the 
Commission's decision with respect to the packet-mode communications 
capability, but that a report on packet-mode communications requested 
by the Commission in the Third Report and Order, 65 FR 51710, September 
24, 1999 is scheduled to be submitted by the Telecommunications 
Industry Association no later than September 30, 2000. Accordingly, 
CTIA contends that there is uncertainty within the telecommunications 
industry as to how to proceed with respect to the September 30, 2001 
compliance date.
    2. We hereby solicit comment on the CTIA Petition, and establish 
the comment date as September 15, 2000. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies. To file formally, parties must file an original and four 
copies. If parties want each Commissioner to receive a personal copy of 
their comments, they must file an original plus nine copies. Parties 
should send comments to the Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554. 
Parties are also encouraged to file a copy of all pleadings on a 3.5-
inch diskette in Word 97 format.
    3. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs,html. 
Generally, only one copy of an electronic submission must be filed. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket number. 
Parties may also submit an electronic comment by Internet e-mail. To 
obtain filing instructions for e-mail comments, commenters should send 
an e-mail to [email protected], and should include the following words in 
the body of the message: ``get form your e-mail address.'' A sample 
form and directions will be sent in reply.
    4. The full text of the CTIA Petition is available for public 
inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW, Room CY-
A257, Washington, DC 20554. This document may also be purchased from 
the Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW, 20036, telephone 202-857-3800, facsimile 
202-857-3805, TTY 202-293-8810. You may also view this document by 
accessing the ECFS at: https://gullfoss2.fcc.gov/cgi-bin/websql/prod/
ecfs/comsrch__v2.hts
    5. This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200 and 1.1206. Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentations must contain 
summaries of the substance or the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented generally is required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
47 CFR 1.1206(b).
    6. This action is taken pursuant to authority found in Sections 
4(i) and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r); and pursuant to Sections 0.31 and 0.241 of 
the Commission's Rules, 47 CFR 0.31 and 0.241.
    7. For further information on the CTIA Petition, contact Rodney 
Small, Office of Engineering and Technology, 202-418-2452 
[email protected]>.

Federal Communications Commission.
Julius P. Knapp,
Chief, Policy and Rules Division.
[FR Doc. 00-23500 Filed 9-12-00; 8:45 am]
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