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FCC Compliance |
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Information Filing Requirements
All Broadband Carriers (including WiSPs) must file Form 445 by February 12th, 2007.
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Monitoring Reports:
FCC Form 445 is used to monitor the progress of facilities-based broadband Internet access providers and providers of interconnected Voice over Internet Protocol (VoIP) services in complying with CALEA section 103 capability requirements, and the implementing Commission rules. These entities must file Form 445 no later than February 12, 2007. Penalties for non-filing and non-compliance are stiff.
What if you don't comply with CALEA requirements?
The FCC can take enforcement action under Section 229(a) of the Communications Act against entities that fail to comply with the CALEA obligations. CALEA contemplates that a non-compliant entity could be fined, after a court proceeding, up to $10,000 per day. But the FCC, in its May 2006 order, concluded that it would be appropriate to convert CALEA violations into FCC rule violations. As a result, the maximum possible fine for violations of these rules could be as much as $130,000 per day with a maximum of $1,325,000 per violation. The potential consequences of non-compliance are therefore significantly greater under the FCC's new regime than they were in the past.
Systems Security and Integrity Plan
CALEA also requires telecommunications carriers to file with the Commission information regarding the policies and procedures used for employee supervision and control, and to maintain secure and accurate records of each communications interception or access to call-identifying information. In particular, all carriers that must comply with CALEA's capacity and capability requirements must also comply with 47 C.F.R. §§64.2100 - 64.2106 of the Commission's rules (available at http://www.access.gpo.gov/nara/cfr/waisidx_03/47cfr64_03.html) by filling with the Commission a Telecommunications Carrier Systems Security and Integrity Plan ("SSI Plan"). Resellers of local exchange services, both facilities-based and switch less, must also comply with these rules by filing a SSI Plan.
For more information you can visit http://www.fcc.gov/calea/
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