David, Regarding your question, the FCC was referring to "Retail Establishments" and not "Retail Providers." The FCC defines facilities based as follows:
"facilities-based" meant entities that "provide transmission or switching over their own facilities between the end user and the Internet Service Provider (ISP) So if your customer traffic traverses over a router, switch or bridge that you own, and your offering exceeds 200Kbps in either direction in the last mile, then you meet the commissions definition of a "facilities-based" broadband service provider. The FCC did exclude some "retail establishments" from the CALEA requirement. Specifically, in the FCC's First Report and Order and NPRM (05-153), pg 19. paragraph 36 states: " Finally, in finding CALEA's SRP to cover facilities-based providers of broadband Internet access service, we conclude that establishments that acquire broadband Internet access service from a facilities-based provider to enable their patrons or customers to access the Internet from their respective establishments are not considered facilities-based broadband Internet access service providers subject to CALEA under the SRP.99 We note, however, that the provider of underlying facilities to such an establishment would be subject to CALEA, as discussed above. Footnote #99 on the same page further clarifies: Examples of these types of establishments may include some hotels, coffee shops, schools, libraries, or book stores. DOJ has stated that it "has no desire to require such retail establishments to implement CALEA solutions," DOJ Comments at 36, and we conclude that the public interest at this time does not weigh in favor of subjecting such establishments to CALEA. So, Starbucks doesn't need to comply with CALEA but the service provider that provides bandwidth to Starbucks does. Hope this helps. Tim Kery BearHill Security, Inc. [EMAIL PROTECTED] [WISPA] CALEA Question David Peterson DPeterson at Wirelessguys.com <mailto:wireless%40wispa.org?Subject=%5BWISPA%5D%20CALEA%20Question&In-R eply-To=e702557f0705021144t38638587y585f4544732c9b6d%40mail.gmail.com> Wed May 2 13:57:48 CDT 2007 * Previous message: NOW: CALEA Waiver Request WAS: [WISPA] Ok, here's my CALEA statement, and farewell. <http://lists.wispa.org/pipermail/wireless/2007-May/035125.html> * Next message: [WISPA] CALEA Question <http://lists.wispa.org/pipermail/wireless/2007-May/035173.html> * Messages sorted by: [ date ] <http://lists.wispa.org/pipermail/wireless/2007-May/date.html> [ thread ] <http://lists.wispa.org/pipermail/wireless/2007-May/thread.html> [ subject ] <http://lists.wispa.org/pipermail/wireless/2007-May/subject.html> [ author ] <http://lists.wispa.org/pipermail/wireless/2007-May/author.html> As I am finding myself back into sales, I have a question concerning CALEA. I just read this blurb: The "facilities-based" terminology was meant to include providers offering connectivity infrastructure between end users and the Internet. However, establishments that acquire broadband Internet access service from a facilities-based provider to enable their customers to access the Internet from their respective establishments are excluded. The FCC explicitly exempted retail providers such as those offering hot spot WiFi (News - Alert) service where the actual Internet connectivity is obtained from another provider >From this site: http://www.rad-info.net/fcc/calea1.htm This would indicate to me that if you are a retail provider, i.e. you buy your broadband from someone else and resell it to your customers, that you are exempt. This would suggest that the onus is on your provider to monitor your T-1 or other connection to them in the event of a need for a tap. Any clarity on this would be great. ------------------------------------ WirelessGuys David Peterson Senior Wireless Engineer DPeterson at WirelessGuys.com <http://lists.wispa.org/mailman/listinfo/wireless> 207 W. Los Angeles Avenue, Suite 300 Moorpark, CA 93021-1862 tel: 800-945-3294 mobile: 979.224.4192 AIM: ultramesh inc Skype ID:nexuswirelessusa ------------------------------------ <http://www.bearhill.com/> -- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
