§ 1007. — Enforcement orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC1007]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
Sec. 1007. Enforcement orders
(a) Grounds for issuance
A court shall issue an order enforcing this subchapter under section
2522 of title 18 only if the court finds that--
(1) alternative technologies or capabilities or the facilities
of another carrier are not reasonably available to law enforcement
for implementing the interception of communications or access to
call-identifying information; and
(2) compliance with the requirements of this subchapter is
reasonably achievable through the application of available
technology to the equipment, facility, or service at issue or would
have been reasonably achievable if timely action had been taken.
(b) Time for compliance
Upon issuing an order enforcing this subchapter, the court shall
specify a reasonable time and conditions for complying with its order,
considering the good faith efforts to comply in a timely manner, any
effect on the carrier's, manufacturer's, or service provider's ability
to continue to do business, the degree of culpability or delay in
undertaking efforts to comply, and such other matters as justice may
require.
(c) Limitations
An order enforcing this subchapter may not--
(1) require a telecommunications carrier to meet the
Government's \1\ demand for interception of communications and
acquisition of call-identifying information to any extent in excess
of the capacity for which the Attorney General has agreed to
reimburse such carrier;
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\1\ So in original. Probably should not be capitalized.
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(2) require any telecommunications carrier to comply with
assistance capability requirement \2\ of section 1002 of this title
if the Commission has determined (pursuant to section 1008(b)(1) of
this title) that compliance is not reasonably achievable, unless the
Attorney General has agreed (pursuant to section 1008(b)(2) of this
title) to pay the costs described in section 1008(b)(2)(A) of this
title; or
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\2\ So in original. Probably should be ``requirements''.
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(3) require a telecommunications carrier to modify, for the
purpose of complying with the assistance capability requirements of
section 1002 of this title, any equipment, facility, or service
deployed on or before January 1, 1995, unless--
(A) the Attorney General has agreed to pay the
telecommunications carrier for all reasonable costs directly
associated with modifications necessary to bring the equipment,
facility, or service into compliance with those requirements; or
(B) the equipment, facility, or service has been replaced or
significantly upgraded or otherwise undergoes major
modification.
(Pub. L. 103-414, title I, Sec. 108, Oct. 25, 1994, 108 Stat. 4285.)
Section Referred to in Other Sections
This section is referred to in sections 1002, 1005 of this title;
title 18 section 2522.
