The FCC issued a preliminary ruling that the Communications Assistance for Law Enforcement Act (CALEA) applies to facilities-based providers of any type of broadband Internet access service — including wireline, cable modem, satellite, wireless, and powerline — and to managed or mediated VoIP services. The ruling finds these services fall under CALEA because they serve as “a replacement for a substantial portion of the local telephone exchange service.”
The FCC said its primary policy goal was to ensure that law enforcement agencies (“LEAs”) have all of the resources that CALEA authorizes to combat crime and support Homeland Security.
Additionally, the FCC tentatively concluded that non-managed, or disintermediated, VoIP and Instant Messaging are not subject to CALEA, and that it is unnecessary to identify future services and entities subject to CALEA.
With regard to compliance, the FCC is proposing a transition period (e.g., 90 days after it eventually adopts in this proceeding) for carriers to come into compliance with CALEA or seek relief from its requirements. The FCC has determined that it does has general authority to enforce CALEA rules against carriers and non-common carriers.
With regard to costs, the FCC tentatively concludes that carriers are responsible for CALEA development and implementation costs for post-January 1, 1995 equipment and facilities.
In a companion ruling, the FCC clarified that commercial wireless “push-to-talk” services are subject to CALEA, regardless of the technologies that Commercial Mobile Radio Service providers choose to apply in offering them. http://www.verizonwireless.com/
