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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  06-  2511  December  14,  2006 
 OMB  Control  Number  3060-  0809 
 OMB  APPROVES  NEW  INFORMATION  COLLECTION  PROCEDURES  ASSOCIATED  WITH  CALEA  SECTION  107(  c)  EXTENSION  PETITIONS  AND  CALEA  SECTION  109(  b)  COST-RECOVERY 
 PETITIONS 
 ET  DOCKET  NO.  04-  295 
 On  May  12,  2006,  the  Commission  released  the  Second  Report  and  Order  and  Memorandum  Opinion  and  Order  in  ET  Docket.  No.  04-  295  (CALEA  Second  Report  and  Order).  1  The  CALEA  Second 
 Report  and  Order,  inter  alia,  sets  out  new  filing  instructions  in  connection  with  section  107(  c)  and  section  109(  b)  of  the  Communications  Assistance  for  Law  Enforcement  Act  (CALEA),  47  U.  S.  C.  §§ 
 1006(  c)  and  1008(  b).  Specifically,  the  CALEA  Second  Report  and  Order  imposes  new  requirements  and  procedures  regarding  the  filing  of  CALEA  section  107(  c)(  1)  compliance  extension  petitions;  2  requires 
 every  telecommunications  carrier  with  a  pending  section  107(  c)(  1)  petition  currently  on  file  to  a  file  a  letter  that  attests  that  its  petition  exclusively  concerns  equipment,  facilities,  or  services  installed  or 
 deployed  prior  to  October  25,  1998  (“  attesting  letter”);  3  and  sets  out  requirements  and  procedures  regarding  the  filing  of  CALEA  section  109(  b)(  1)  cost  recovery  petitions.  4 


 The  CALEA  Second  Report  and  Order  noted  that  the  effective  date  for  the  new  CALEA  section  107(  c)  and  109(  b)(  1)  information  collection  requirements  was  subject  to  Office  of  Management  and 
 Budget  (OMB)  approval,  5  which  was  granted  on  December  12,  2006.  6 
 Compliance.  The  new  CALEA  section  107(  c)  and  109(  b)  requirements  are  effective  immediately.  All  attesting  letters  concerning  pending  section  107(  c)(  1)  petitions  currently  on  file  with  the 
 Commission  must  be  filed  no  later  than  February  12,  2007.  Thereafter,  the  Commission  will  dismiss  all  pending  section  107(  c)(  1)  petitions  that  include  any  equipment,  facilities,  or  services  deployed  on  or  after 
 October  25,  1998  as  well  as  all  pending  section  107(  c)(  1)  petitions  for  which  attesting  letters  are  not  received.  A  telecommunications  carrier  that  believes  it  continues  to  qualify  for  section  107(  c)(  1) 


 1  Communications  Assistance  for  Law  Enforcement  Act  and  Broadband  Access  and  Services,  ET  Docket.  No.  04-295, 
 Second  Report  and  Order  and  Memorandum  Opinion  and  Order,  21  FCC  Rcd  5360  (2006).  2 
 Id.  Appendix  F. 
 3  Id.  at  5388  ¶  62. 


 4  Id.  Appendix  E. 
 5  Id.  at  5374  ¶  30. 
 6  The  Commission  also  will  announce  this  approval  by  notification  in  the  Federal  Register.  ` 
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