Since the FCC is currently examining the use of electronic filing of SSI plans to reduce the paperwork burden associated with this collection, but has yet to fully assess the costs and risks associated with the information collection for 3060-0809, this information collection is approved for one year during which time the FCC should continue its assessment of the use of electronic filing of SSI plans. The FCC should report back to OMB by 12/2007 on the FCC's determination on whether electronic filing of SSI plans is cost-effective and on how the compelling national security or public safety concerns influenced the FCC's decision. The FCC should consider a variety of protection or encryption methods or technologies, from the most minimal requirements (ex: attaching a protected document to an email) to more complex methods of encryption, in its assessment. Also, since information collected by 3060-0809 is immediately critical and shared with the FBI, OMB recommends the FCC consult the FBI in its assessment of electronic filing to promote the sharing and reuse of information.
Inventory as of this Action
Requested
Previously Approved
12/31/2007
36 Months From Approved
12/31/2006
14,121
0
5,000
75,835
0
36,000
0
0
0
The Communications Assistance for Law Enforcement Act (CALEA) requires: (a) telecommunications carriers to protect against unlawful interception of communications of their facilities by establishing policies and procedures to ensure security and integrity of those facilities and to maintain records of all interceptions of lawful electronic surveillance, and (b)the FCC to prescribe CALEA implementing rules and to review the carriers' filings under Section 301(b) and to order any deficiencies to be corrected. Information collections include mandatory system security filings, voluntary extension of time and cost reimbursement petitions, and --for facilities-based broadband Internet access and Interconnected Voice over Internet Protocol providers (VOIP)--mandatory CALEA monitoring reports.
PL:
Pub.L. 103 - 414 108
Name of Law: Communications Assistance for Law Enforcement Act
US Code:
47 USC 1006(c)
Name of Law: Communications Assistance for Law Enforcement Act (CALEA)
US Code:
47 USC 1008(b)
Name of Law: Communications Assistance for Law Enforcement Act (CALEA)
US Code:
47 USC 229
Name of Law: Communications Assistance for Law Enforcement Act (CALEA)
US Code:
47 USC 1004
Name of Law: Communications Assistance for Law Enforcement Act (CALEA)
On May 12, 2006, the FCC released a Second Report and Order and Memorandum Opinion and Order, ET Doc. No. 04-295, FCC 06-56, which established new guidelines for filing section 107(c) petitions, section 109(b) petitions, and monitoring reports using FCC Form 445. CALEA section 107(c)(1) permits a petitioner to apply for an extension of time, up to two years from the petition's filing date, and to come into compliance with a particular CALEA section 103 capability requirement. CALEA section 109(b) permits a telecommunication carrier covered by CALEA to file a petition with the FCC and an application with the Department of Justice (DOJ) to request that DOJ pay the costs of the carrier's CALEA compliance (cost-shifting relief) with respect to any equipment, facility, or service installed or deployed after January 1, 1995. The Second Report and Order required several information collections: (a) facilities based broadband Internet access and interconnected VOIP providers newly identified in the proceeding will be required to file system security statements under FCC rules (Security systems are currently approved under the existing information collection requirements for 3060-0809); (b) petitions files under section 107(c) apply to all carriers subject to CALEA and are voluntary filings; (c) section 109(b) would be modified, and these provisions apply to all carriers subject to CALEA and are voluntary filings; (d) the revised collection requires each carrier that has CALEA section 107(c) extension petition currently on file to submit a letter to the FCC documenting that the carrier's equipment, facility, or service qualifies for section 107(c) relief under the October 25, 1998 cutoff for such relief; and (e) the revised collection also requires all carriers providing facilities based broadband VOIP services to file monitoring reports on FCC Form 445, "CALEA Monitoring Report for Broadband and VOIP Service," with the FCC to ensure timely CALEA compliance.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
0809FRN_CALEA R&O and MO&O_070506.pdf
0809 statutes_101106.doc
0809_Pub L 103-414_102006.rtf
Communications Assistance for Law Enforcement Act (CALEA) and Broadband Access and Services, FCC Form 445