----- Original Message ----- From: "George Rogato" <[EMAIL PROTECTED]> To: "WISPA General List" <[email protected]> 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: [email protected] > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
