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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE:  NEWS  MEDIA  CONTACT:  August  5,  2005  Mark  Wigfield,  202-  418-  0253 
 Email:  mark.  wigfield@  fcc.  gov 


 FCC  Requires  Certain  Broadband  and  VoIP  Providers  to  Accommodate  Wiretaps 
 Order  Strikes  Balance  Between  Law  Enforcement,  Innovation 
 Washington,  D.  C.  –  Responding  to  a  petition  from  the  Department  of  Justice,  the  Federal  Bureau  of  Investigation,  and  the  Drug  Enforcement  Agency,  the  Commission  determined  that 


 providers  of  certain  broadband  and  interconnected  voice  over  Internet  Protocol  (VoIP)  services  must  be  prepared  to  accommodate  law  enforcement  wiretaps,  the  Federal  Communications 
 Commission  ruled  today. 
 The  Commission  found  that  these  services  can  essentially  replace  conventional  telecommunications  services  currently  subject  to  wiretap  rules,  including  circuit-  switched  voice 


 service  and  dial-  up  Internet  access.  As  replacements,  the  new  services  are  covered  by  the  Communications  Assistance  for  Law  Enforcement  Act,  or  CALEA,  which  requires  the 
 Commission  to  preserve  the  ability  of  law  enforcement  agencies  to  conduct  court-  ordered  wiretaps  in  the  face  of  technological  change. 


 The  Order  is  limited  to  facilities-  based  broadband  Internet  access  service  providers  and  VoIP  providers  that  offer  services  permitting  users  to  receive  calls  from,  and  place  calls  to,  the 
 public  switched  telephone  network.  These  VoIP  providers  are  called  interconnected  VoIP  providers. 


 The  Commission  found  that  the  definition  of  “telecommunications  carrier”  in  CALEA  is  broader  than  the  definition  of  that  term  in  the  Communications  Act  and  can  encompass  providers 
 of  services  that  are  not  classified  as  telecommunications  services  under  the  Communications  Act.  CALEA  contains  a  provision  that  authorizes  the  Commission  to  deem  an  entity  a 
 telecommunications  carrier  if  the  Commission  “finds  that  such  service  is  a  replacement  for  a  substantial  portion  of  the  local  telephone  exchange.” 


 Because  broadband  Internet  and  interconnected  VoIP  providers  need  a  reasonable  amount  of  time  to  come  into  compliance  with  all  relevant  CALEA  requirements,  the  Commission 
 established  a  deadline  of  18  months  from  the  effective  date  of  this  Order,  by  which  time  newly  covered  entities  and  providers  of  newly  covered  services  must  be  in  full  compliance.  The 
 Commission  also  adopted  a  Further  Notice  of  Proposed  Rulemaking  that  will  seek  more  information  about  whether  certain  classes  or  categories  of  facilities-  based  broadband  Internet 
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 access  providers  –  notably  small  and  rural  providers  and  providers  of  broadband  networks  for  educational  and  research  institutions  –  should  be  exempt  from  CALEA. 
 The  Commission’s  action  is  the  first  critical  step  to  apply  CALEA  obligations  to  new  technologies  and  services  that  are  increasingly  used  as  a  substitute  for  conventional  services. 
 The  Order  strikes  an  appropriate  balance  between  fostering  competitive  broadband  and  advanced  services  deployment  and  technological  innovation  on  one  hand,  and  meeting  the  needs  of  the  law 
 enforcement  community  on  the  other. 


 Wireline  Competition  Bureau  Staff  Contacts:  Terri  Natoli  and  Carol  Simpson,  (202)  418-  1580 
 -FCC- 
 News  about  the  Federal  Communications  Commission  can  also  be  found 
 on  the  Commission’s  web  site  www.  fcc.  gov. 
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