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FCC Comr. Copps said it was ‘incumbent on us to act as swiftly as...

FCC Comr. Copps said it was “incumbent on us to act as swiftly as possible” on year-old remand Commission’s Communications Assistance for Law Enforcement Act (CALEA) order by U.S. Appeals Court, D.C. Court vacated and remanded to FCC parts…

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of CALEA order that covered 4 punch-list items that included capabilities such as custom calling. Copps’ comments were released with FCC order Fri. giving carriers until Nov. 19 to either upgrade packet networks to comply with packet-mode communications electronic surveillance under CALEA or to ask for individual relief (CD Sept 20 p1). Agency also said it would set date for all punch-list capabilities that would enable carriers to be fully compliant with CALEA by June 30. “I am pleased that the order targets a date no later than the end of this year for completion of the remand proceeding and makes this proceeding a priority,” Copps said. “I fervently hope, however, that the Commission will give this item the true priority it deserves and move forward on a date earlier than the end of the year.” Order said Commission planned to address remand “no later than year’s end.” Copps said that in past FCC had urged carriers to cooperate with law enforcement to provide information upon receipt of lawful surveillance requests. “Now more than ever, such encouragement appears to be well-founded,” Copps wrote: “The events of the past week cogently demonstrate the imperative of bringing these capabilities online as soon as possible. This is no time for ‘business as usual’ on this issue in either the private or public sectors.” Full text of order, released Fri., acknowledged development of standards on separation of call-identifying information from content for packet-mode technologies was “in a relatively early stage.” CALEA leaves development of technical requirements to telecom industry and law enforcement agencies. “The Commission may act, in response to a petition, when the industry fails to issue technical requirements or standards or, if it has done so, when parties allege that the standard is deficient,” order said. Industry hasn’t developed standard for separating call-identifying information from content for packet networks “and thus no one has petitioned us alleging deficiencies in such a standard,” order said. FCC also said it hadn’t received petition asking it to set technical requirements in that field. Commission said its decision later this year responding to remand will clarify definition of call-identifying information as it relates to punch list “and the clarification is likely to provide the necessary guidance for the packet-mode context as well.” FCC said it expected “continuing dialog” with telecom industry, law enforcers, regulators and consumers on development of new CALEA standards that would serve as safe harbor language on such issues. Order also said International Softswitch Consortium had raised concerns that carriers using that technology wouldn’t be able to meet Sept. 30 compliance deadline.