FCC to Give VoIP, Broadband Providers Guidance on Implementing CALEA
The FCC next week is expected to give VoIP and broadband access providers guidance on implementing the CALEA obligations the FCC imposed last fall. In an order set for action at its agenda meeting Wed., the FCC is expected to tie up various loose ends. For example, the Commission is expected to rely on industry standards bodies to develop compliance rules (CD April 12 p1) rather than the FCC initiating them.
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Such rules would guide carriers on what capabilities they must develop and standardize so law enforcement agencies have access. An example, said an industry official, is which call identification data to make available for possible FBI access -- in other words, whether carriers provide phone numbers, IP addresses or something else. Standards bodies are working on the project but haven’t finished the difficult task, said sources. “As they drilled down, it became harder than many thought it would be,” a source said.
The FCC promised a follow-up implementation order in a Sept. 23 order concluding that CALEA applies to facilities- based broadband Internet access providers and providers of interconnected VoIP. At that time, the agency said the 2nd order would be released “in the coming months” to “address separate questions regarding the assistance capabilities required of the carriers.” The FCC said the 2nd order would include such things as “compliance extensions and exemptions, cost recovery, identification of future services and entities subject to CALEA and enforcement.” The FCC said this “2-step approach” would enable parties to focus separately on implementation once the FCC voted to apply CALEA to providers.
The new order isn’t expected to extend an 18-month deadline for CALEA compliance by broadband and VoIP providers, as USTelecom sought. The group asked the FCC to restart the clock when the 2nd order was released, since carriers won’t have directions on what capabilities to standardize until then. The clock has been running for 7 months. Among other issues possibly included in the new order: Whether broadband services offered by universities come under CALEA and whether subsidies might be provided to help universities and others comply. In general, though, the FCC has been fairly tight-lipped on the order, said an industry executive.
The order will get a vote 2 days before the U.S. Appeals Court, D.C., is to hear oral argument on consolidated appeals of the CALEA-VoIP order. The oral argument is set for May 5.
Also on the May 3 agenda: (1) A proposal intended to improve relay service interoperability and one on “fraudulent use of the Internet-based forms of Telecommunications Relay Service.” (2) Requests for review of Universal Service Administrator decisions on E-rate support for school districts in La. and Mass.