signatureFor those asking about the recent FCC statement that broadband is now defined as 4/1 meg. and how that relates (if at all) to CALEA requirements.
The answer to that question is below. In a nutshell, it doesn't change anything because the new definition only applies to reported deployment rates not the legal requirement for CALEA intercepts. For those that didn't make the breakfast board meeting at St. Louis, Larry Bruss is the one that gave the CALEA standards update on my behalf. Hope this helps! marlon ----- Original Message ----- From: To: [email protected] Cc: [email protected] Sent: Wednesday, July 28, 2010 2:56 PM Subject: Re: [WISPA CALEA Questions] [CALEA] CALEA Question Martha, Mike, Marlon, WISPA members, I have reviewed your EMail questions regarding the FCC's new definition of broadband and have discussed them with the DOJ's Office of General Counsel (OGC). OGC sent me the following response to your questions: The FCC has not changed its regulatory definition of "broadband Internet access service provider." What changed most recently was that the FCC updated the standard it uses to determine whether households are served by broadband services. It uses this standard in its annual "broadband deployment reports" as mandated by section 706 of the Telecommunications Act of 1996 to determine whether "advanced telecommunications capability" (a term it uses interchangeably with "broadband") is being deployed to all Americans in a reasonable and timely fashion. This standard is supposed to evolve over time in order to accurately reflect the minimum speed necessary to stream high-quality video while leaving sufficient bandwidth for basic web browsing and e-mail. The FCC's determination clearly applies only to that report: "As a result, we find that the 200 kbps threshold is no longer the appropriate benchmark for measuring broadband deployment for the purpose of this broadband deployment report." See para. 4 of the Sixth Broadband Deployment Report, FCC 10-129 (July 20, 2010), available at http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0720/FCC-10-129A1.pdf (emphasis added). This is stated unambiguously in footnote 46: We emphasize that we are benchmarking broadband in this report solely for purposes of complying with our obligations under section 706. We specifically do not intend this speed threshold to have any other regulatory significance under the Commission's rules absent subsequent Commission action. For example, today's report has no impact on which entities are classified as interconnected VoIP providers or what facilities must be provided on an unbundled basis. . . . By contrast, the FCC in its 2005 First Report and Order declared that CALEA applies to all broadband Internet access service providers. There, it stated that "broadband" is defined as 200 kbps, "but we also include as 'broadband' - for purposes of CALEA only - those services such as satellite-based Internet access services that provide similar functionalities but at speeds less than 200 kbps." FCC 05-153 para. 24 n.74. That ruling is completely undisturbed by what Julius Knapp was talking about in his keynote, which was referring only to the "definition of broadband" used in the broadband deployment report. The FCC did not state and did not intend that the definition of the service covered by CALEA would evolve to correspond with the definition used in those reports. CALEA remains applicable to WISPs and all other facilities-based Internet access service providers as defined in 2005. I hope this clarifies Mr. Knapp's remarks and the on-line article referenced in previous Emails regarding CALEA and the definition of Broadband. Regards, Larry Bruss Telecommunications Engineer Tridea Works, LLC 1 503 343 9010 1 703 985 6711 From: [email protected] [mailto:[email protected]] On Behalf Of Martha Huizenga Sent: Monday, July 26, 2010 5:17 AM To: [email protected] Cc: [email protected]; Michael Erskine Subject: Re: [CALEA] CALEA Question I can't believe that they are saying that even more Americans are not using broadband! I saw this article, completely ridiculous. Anyway I think we are still subject. I think it's anyone with a connection to the Internet. I bet they could come after people with dial-up. Maybe we should ask Larry though? Martha Huizenga DC Access, LLC 202-546-5898 Friendly, Local, Affordable, Internet! Connecting the Capitol Hill Community Join us on Facebook or follow us on Twitter On 7/25/2010 11:35 PM, Marlon K. Schafer wrote: Hi All, Anyone have a read on this? I didn't think CALEA was limited to broadband. If it is though.....marlon ----- Original Message ----- From: "Michael Erskine" <>To: <[email protected]>Sent: Thursday, July 22, 2010 11:29 AMSubject: CALEA Question Marlon; Since the FCC has redefined the term broadband again, I wonder whatimpact that might have on the requirement to be CALEA compliant. Havethey just redefined 98% of WISPA such that they are no longer broadbandproviders and does that mean they no longer have a CALEA responsibility. I'm thinking this will have to go to either the FCC or FBI for areading. Thanks;Mike _______________________________________________CALEA mailing [email protected]http://lists.wispa.org/mailman/listinfo/calea -------------------------------------------------------------------------------- _______________________________________________ CALEAquestions mailing list [email protected] http://lists.wispa.org/mailman/listinfo/caleaquestions
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