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 Federal  Communications  Commission  FCC  05-  153 
 STATEMENT  OF  CHAIRMAN  KEVIN  J.  MARTIN 


 Re:  Communications  Assistance  for  Law  Enforcement  Act  and  Broadband  Access  and  Services  First  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking  (ET  Docket 
 No.  04-  295,  RM-  10865) 
 Responding  to  the  needs  of  law  enforcement  is  of  paramount  importance.  New  technologies  present  challenges  to  executing  authorized  electronic  surveillance.  The  Order 
 adopted  today  affirms  that  interconnected  VoIP  and  facilities-  based  Internet  access  providers  are  subject  to  CALEA.  These  services  have  proliferated  in  recent  years,  and  they  continue  to  grow  at 
 exponential  rates.  Given  this,  it  is  critical  to  our  nation’s  security  that  VoIP  and  broadband  Internet  access  providers  have  CALEA  obligations. 


 Although  I  believe  that  new  technologies  and  services  should  operate  free  of  economic  regulation,  I  also  believe  that  law  enforcement  agencies  must  have  the  ability  to  conduct  lawful 
 electronic  surveillance  over  these  new  technologies.  We  must  strike  a  balance  between  fostering  competitive  broadband  deployment  with  meeting  the  needs  of  the  law  enforcement  community. 


 The  Order  that  we  adopt  today  is  an  important  first  step,  but  there  is  still  more  work  ahead  of  us.  In  the  next  few  months,  we  intend  to  issue  a  subsequent  order  that  will  address  other 
 important  issues  under  CALEA  such  as  cost  recovery,  standards,  and  enforcement.  Nevertheless,  we  firmly  expect  that  interconnected  VoIP  and  facilities-  based  broadband  Internet  providers  use 
 the  regulatory  clarity  provided  by  this  Order  to  begin  tackling  the  technical  issues  necessary  for  full  compliance.  I  am  committed  to  ensuring  that  these  providers  take  all  necessary  actions  to 
 incorporate  surveillance  capabilities  into  their  networks  in  a  timely  fashion.  To  this  end,  the  Commission  intends  to  continue  working  closely  with  industry  representatives,  equipment 
 manufacturers,  and  law  enforcement  officials  to  address  and  overcome  any  challenges  that  stand  in  the  way  of  effective  lawful  electronic  surveillance. 
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