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a carrier for such modifications, the carrier shall be considered
to be in compliance with the capacity notices.
Section 105 protects systems security and integrity by
requiring that any electronic surveillance effected within a
carrier's switching premises be activated only with intervention
by an employee of the carrier. The switching premises include a
carrier's central offices and mobile telephone switching offices
(MTSO's).
This makes clear that government agencies do not have the
authority to activate remotely interceptions within the switching
premises of a telecommunications carrier. All executions of court
orders or authorizations requiring access to the switching facil-
ities will be made through individuals authorized and designated
by the telecommunications carrier. Activation of interception
orders or authorizations originating in local loop wiring or
cabling can be effected by government personnel or by individuals
designated by the telecommunications carrier, depending upon the
amount of assistance the government requires.
Section 106 requires a telecommunications carrier to consult
with its own equipment manufacturers and support service providers
to ensure that equipment or services comply with the capability
requirements. Manufacturers and support services providers are
required to make available to their telecommunications carrier
customers the necessary features or modifications on a reasonably
timely basis and at a reasonable charge.
These responsibilities of the manufacturers and support
services providers make clear that they have a critical role in
ensuring that lawful interceptions are not thwarted. Without
their assistance, telecommunications carriers likely could not
comply with the capability requirements.
Section 107 establishes a mechanism for implementation of the
capability requirements. Subsection (a) directs the Attorney
General and other law enforcement agencies to consult with
associations and standard-setting bodies of the telecommunications
industry. Carriers, manufacturers and support service providers
will have a "safe harbor" and be considered in compliance with the
capability requirements if they comply with publicly available
technical requirements or standards designed in good faith to meet
the assistance requirements. This section states affirmatively
that the absence of standards will not preclude carriers, manufac-
turers or support service providers from deploying a technology or
service, but they must still comply with the assistance capability
requirements.
Subsection (b) provides a forum at the FCC in the event a
dispute arises over the technical requirements or standards.
Anyone can petition the FCC to establish technical requirements or
6
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"ocrText": "a carrier for such modifications, the carrier shall be considered\nto be in compliance with the capacity notices.\nSection 105 protects systems security and integrity by\nrequiring that any electronic surveillance effected within a\ncarrier's switching premises be activated only with intervention\nby an employee of the carrier. The switching premises include a\ncarrier's central offices and mobile telephone switching offices\n(MTSO's).\nThis makes clear that government agencies do not have the\nauthority to activate remotely interceptions within the switching\npremises of a telecommunications carrier. All executions of court\norders or authorizations requiring access to the switching facil-\nities will be made through individuals authorized and designated\nby the telecommunications carrier. Activation of interception\norders or authorizations originating in local loop wiring or\ncabling can be effected by government personnel or by individuals\ndesignated by the telecommunications carrier, depending upon the\namount of assistance the government requires.\nSection 106 requires a telecommunications carrier to consult\nwith its own equipment manufacturers and support service providers\nto ensure that equipment or services comply with the capability\nrequirements. Manufacturers and support services providers are\nrequired to make available to their telecommunications carrier\ncustomers the necessary features or modifications on a reasonably\ntimely basis and at a reasonable charge.\nThese responsibilities of the manufacturers and support\nservices providers make clear that they have a critical role in\nensuring that lawful interceptions are not thwarted. Without\ntheir assistance, telecommunications carriers likely could not\ncomply with the capability requirements.\nSection 107 establishes a mechanism for implementation of the\ncapability requirements. Subsection (a) directs the Attorney\nGeneral and other law enforcement agencies to consult with\nassociations and standard-setting bodies of the telecommunications\nindustry. Carriers, manufacturers and support service providers\nwill have a \"safe harbor\" and be considered in compliance with the\ncapability requirements if they comply with publicly available\ntechnical requirements or standards designed in good faith to meet\nthe assistance requirements. This section states affirmatively\nthat the absence of standards will not preclude carriers, manufac-\nturers or support service providers from deploying a technology or\nservice, but they must still comply with the assistance capability\nrequirements.\nSubsection (b) provides a forum at the FCC in the event a\ndispute arises over the technical requirements or standards.\nAnyone can petition the FCC to establish technical requirements or\n6"
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