Re: [WISPA] CALEA Costs-Shifting Relief
I'm a bit confused, because I thougth the FCC specifically stated that there is no longer any funds, nor are any applications under those sections accepted anymore. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf Relevant paragraph: 2. More generally, we herein specify mechanisms to ensure that telecommunications carriers comply with CALEA. Specifically, under the express terms of the statute, all carriers subject to CALEA are obliged to become CALEA-compliant. We find that sections 107(c) and 109(b) of CALEA provide only limited and temporary relief from compliance requirements, and that they are complementary provisions that serve different purposes, which are, respectively: (1) extension of the CALEA section 103 compliance deadline for equipment, facility, or service deployed before October 25, 1998; and (2) recovery of CALEA-imposed costs. - Original Message - From: Dawn DiPietro [EMAIL PROTECTED] To: [EMAIL PROTECTED]; WISPA General List wireless@wispa.org Sent: Thursday, April 26, 2007 9:38 AM Subject: Re: [WISPA] CALEA Costs-Shifting Relief Peter, Thank you for posting this information. Since there is a $5000 application fee and that the provider has to prove that they have tried to comply I doubt the providers that scream the loudest will even take this information seriously and discount it like everything else we have heard about recently. I have heard on other lists that it is very difficult to get anything to come of this but as you know the misinformation flies rampantly these days. :-) Regards, Dawn DiPietro Peter R. wrote: *Section 109(b)(1) Petitions for Cost-Shifting Relief* CALEA section 109(b) permits a “telecommunications carrier,” as that term is defined by CALEA, to file a petition with the FCC and an application with the Department of Justice (DOJ) to request that DOJ pay the costs of the carrier’s CALEA compliance (cost-shifting relief) with respect to any equipment, facility or service installed or deployed after January 1, 1995. First, the carrier must file a section 109(b)(1) petition with the FCC and prove that, based on one or more of the criteria set forth in section 109(b)(1)(A)-(K), implementation of at least one particular solution that would comply with a particular CALEA section 103 capability requirement is not “reasonably achievable.” Second, if the Commission grants a section 109(b)(1) petition, the carrier must then apply to DOJ, pursuant to section 109(b)(2), to pay the reasonable costs of compliance for one of the solutions proposed in the section 109(b)(1) petition. DOJ may then either pay the reasonable costs of compliance or deny the application. If DOJ denies the section 109(b)(2) application, then the carrier is deemed to be CALEA compliant for the facilities, networks, and services (facilities) described in the section 109(b)(1) petition until those facilities are replaced, significantly upgraded or otherwise undergo a major modification. When those facilities are replaced, significantly upgraded or otherwise undergo a major modification, the carrier is obligated under the law to become CALEA compliant. The FCC may also specify in its CALEA section 109(b)(1) order granting a carrier’s petition the specific date when the replacement, upgrade or modification will occur and when CALEA compliance is required. Thus, a carrier’s obligation to comply with all CALEA requirements is only deferred when (1) the FCC grants a section 109(b)(1) petition, and (2) DOJ declines to pay the additional reasonable costs to comply with one or more of the CALEA requirements. No qualifying carrier is exempt from CALEA. Section 109(b)(1) petitions must be adequately supported, and the FCC decides whether to grant the petition strictly in reference to criteria set out in section 109(b)(1). Accordingly, carriers are encouraged to consult with competent legal and technical counsel before filing such a petition. Please note that a filing fee of $5,000.00 is required to accompany all CALEA section 109(b)(1) petitions filed with the FCC. See Appendix E entitled “Section 109(b)(1) Petitions for Cost-Shifting Relief: Filing Instructions,” and paragraphs 38-57 of the CALEA Second Report and Order http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf for detailed filing instructions and further explanation of the scope of relief, and its limitations, available under section 109(b). More at the bottom of this page: http://www.fcc.gov/calea/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] CALEA Costs-Shifting Relief
On one of the documents that I've rad that maybe is not that public, they have taken into consideration that some isp's can not afford to impliment calea and they have a solution for that. Dawn DiPietro wrote: Peter, Thank you for posting this information. Since there is a $5000 application fee and that the provider has to prove that they have tried to comply I doubt the providers that scream the loudest will even take this information seriously and discount it like everything else we have heard about recently. I have heard on other lists that it is very difficult to get anything to come of this but as you know the misinformation flies rampantly these days. :-) Regards, Dawn DiPietro Peter R. wrote: *Section 109(b)(1) Petitions for Cost-Shifting Relief* CALEA section 109(b) permits a “telecommunications carrier,” as that term is defined by CALEA, to file a petition with the FCC and an application with the Department of Justice (DOJ) to request that DOJ pay the costs of the carrier’s CALEA compliance (cost-shifting relief) with respect to any equipment, facility or service installed or deployed after January 1, 1995. First, the carrier must file a section 109(b)(1) petition with the FCC and prove that, based on one or more of the criteria set forth in section 109(b)(1)(A)-(K), implementation of at least one particular solution that would comply with a particular CALEA section 103 capability requirement is not “reasonably achievable.” Second, if the Commission grants a section 109(b)(1) petition, the carrier must then apply to DOJ, pursuant to section 109(b)(2), to pay the reasonable costs of compliance for one of the solutions proposed in the section 109(b)(1) petition. DOJ may then either pay the reasonable costs of compliance or deny the application. If DOJ denies the section 109(b)(2) application, then the carrier is deemed to be CALEA compliant for the facilities, networks, and services (facilities) described in the section 109(b)(1) petition until those facilities are replaced, significantly upgraded or otherwise undergo a major modification. When those facilities are replaced, significantly upgraded or otherwise undergo a major modification, the carrier is obligated under the law to become CALEA compliant. The FCC may also specify in its CALEA section 109(b)(1) order granting a carrier’s petition the specific date when the replacement, upgrade or modification will occur and when CALEA compliance is required. Thus, a carrier’s obligation to comply with all CALEA requirements is only deferred when (1) the FCC grants a section 109(b)(1) petition, and (2) DOJ declines to pay the additional reasonable costs to comply with one or more of the CALEA requirements. No qualifying carrier is exempt from CALEA. Section 109(b)(1) petitions must be adequately supported, and the FCC decides whether to grant the petition strictly in reference to criteria set out in section 109(b)(1). Accordingly, carriers are encouraged to consult with competent legal and technical counsel before filing such a petition. Please note that a filing fee of $5,000.00 is required to accompany all CALEA section 109(b)(1) petitions filed with the FCC. See Appendix E entitled “Section 109(b)(1) Petitions for Cost-Shifting Relief: Filing Instructions,” and paragraphs 38-57 of the CALEA Second Report and Order http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf for detailed filing instructions and further explanation of the scope of relief, and its limitations, available under section 109(b). More at the bottom of this page: http://www.fcc.gov/calea/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] CALEA Costs-Shifting Relief
- Original Message - From: George Rogato [EMAIL PROTECTED] To: WISPA General List wireless@wispa.org Sent: Thursday, April 26, 2007 11:43 AM Subject: Re: [WISPA] CALEA Costs-Shifting Relief On one of the documents that I've rad that maybe is not that public, they have taken into consideration that some isp's can not afford to impliment calea and they have a solution for that. Yes, you get to submit to them ALL of your financial data, including your ability to borrow, and all state and federal money avaialble... Ohhh...and the fee for filing that you can't afford to comply is $5200, and they'll decide whether or not you can afford it... but you still pay the fee either way. Dawn DiPietro wrote: Peter, Thank you for posting this information. Since there is a $5000 application fee and that the provider has to prove that they have tried to comply I doubt the providers that scream the loudest will even take this information seriously and discount it like everything else we have heard about recently. I have heard on other lists that it is very difficult to get anything to come of this but as you know the misinformation flies rampantly these days. :-) Regards, Dawn DiPietro Peter R. wrote: *Section 109(b)(1) Petitions for Cost-Shifting Relief* CALEA section 109(b) permits a “telecommunications carrier,” as that term is defined by CALEA, to file a petition with the FCC and an application with the Department of Justice (DOJ) to request that DOJ pay the costs of the carrier’s CALEA compliance (cost-shifting relief) with respect to any equipment, facility or service installed or deployed after January 1, 1995. First, the carrier must file a section 109(b)(1) petition with the FCC and prove that, based on one or more of the criteria set forth in section 109(b)(1)(A)-(K), implementation of at least one particular solution that would comply with a particular CALEA section 103 capability requirement is not “reasonably achievable.” Second, if the Commission grants a section 109(b)(1) petition, the carrier must then apply to DOJ, pursuant to section 109(b)(2), to pay the reasonable costs of compliance for one of the solutions proposed in the section 109(b)(1) petition. DOJ may then either pay the reasonable costs of compliance or deny the application. If DOJ denies the section 109(b)(2) application, then the carrier is deemed to be CALEA compliant for the facilities, networks, and services (facilities) described in the section 109(b)(1) petition until those facilities are replaced, significantly upgraded or otherwise undergo a major modification. When those facilities are replaced, significantly upgraded or otherwise undergo a major modification, the carrier is obligated under the law to become CALEA compliant. The FCC may also specify in its CALEA section 109(b)(1) order granting a carrier’s petition the specific date when the replacement, upgrade or modification will occur and when CALEA compliance is required. Thus, a carrier’s obligation to comply with all CALEA requirements is only deferred when (1) the FCC grants a section 109(b)(1) petition, and (2) DOJ declines to pay the additional reasonable costs to comply with one or more of the CALEA requirements. No qualifying carrier is exempt from CALEA. Section 109(b)(1) petitions must be adequately supported, and the FCC decides whether to grant the petition strictly in reference to criteria set out in section 109(b)(1). Accordingly, carriers are encouraged to consult with competent legal and technical counsel before filing such a petition. Please note that a filing fee of $5,000.00 is required to accompany all CALEA section 109(b)(1) petitions filed with the FCC. See Appendix E entitled “Section 109(b)(1) Petitions for Cost-Shifting Relief: Filing Instructions,” and paragraphs 38-57 of the CALEA Second Report and Order http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf for detailed filing instructions and further explanation of the scope of relief, and its limitations, available under section 109(b). More at the bottom of this page: http://www.fcc.gov/calea/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
