Notice2022-13264
Communications Assistance for Law Enforcement Act, Electronic Filing of System Security and Integrity Policies and Procedures Documents
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Published
June 22, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Public Safety and Homeland Security Bureau of the Federal Communications Commission (the FCC or Commission), seeks comment on the forthcoming launch of the Communications Assistance for Law Enforcement Act (CALEA) electronic filing system (CEFS) for certain required filings for telecommunications providers and the proposal to make electronic filing mandatory six months after CEFS becomes active.
Full Text
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<title>Federal Register, Volume 87 Issue 119 (Wednesday, June 22, 2022)</title>
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[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Pages 37335-37337]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13264]
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FEDERAL COMMUNICATIONS COMMISSION
[PS Docket No. 22-217; DA-22-592; FR ID 91708]
Communications Assistance for Law Enforcement Act, Electronic
Filing of System Security and Integrity Policies and Procedures
Documents
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Public Safety and Homeland Security
Bureau of the Federal Communications Commission (the FCC or
Commission), seeks comment on the forthcoming launch of the
Communications Assistance for Law Enforcement Act (CALEA) electronic
filing system (CEFS) for certain required filings for
telecommunications providers and the proposal to make electronic filing
mandatory six months after CEFS becomes active.
DATES: Submit comments on or before July 22, 2022, and reply comments
are due on or before August 8, 2022.
ADDRESSES: You may submit comments, identified by PS Docket No. 22-217,
by any of the following methods:
<bullet> Federal Communications Commission's Website: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>. Follow the instructions for submitting comments.
<bullet> Mail: Parties who choose to file by paper must file an
original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal
Service first-class, Express, and Priority mail must be addressed to 45
L Street NE, Washington, DC 20554.
<bullet> People With Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#3a7c79790f0a0e7a5c5959145d554c"><span class="__cf_email__" data-cfemail="f4b2b7b7c1c4c0b4929797da939b82">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Rosemary Cabral, Attorney Advisor,
Policy and Licensing Division, Public Safety and Homeland Security
Bureau, at (202) 418-0662 or <a href="/cdn-cgi/l/email-protection#67350814020a06151e4924060515060b2701040449000811"><span class="__cf_email__" data-cfemail="782a170b1d15190a01563b191a0a1914381e1b1b561f170e">[email protected]</span></a>; or Chris Fedeli,
Attorney Advisor, Public Safety and Homeland Security Bureau at 202-
418-1514 or <a href="/cdn-cgi/l/email-protection#a2e1cad0cbd1d6cdd2cac7d08ce4c7c6c7cecbe2c4c1c18cc5cdd4"><span class="__cf_email__" data-cfemail="42012a302b31362d322a27306c042726272e2b022421216c252d34">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's June
1, 2022, Public Notice, PS Docket No. 22-217, DA 22-592 announcing the
upcoming launch of the Communications Assistance for Law Enforcement
Act (CALEA) electronic filing system (CEFS) for required filings for
telecommunications providers.
The full text of this document is available at <a href="https://www.fcc.gov/document/calea-electronic-filing-system">https://www.fcc.gov/document/calea-electronic-filing-system</a>.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
People With Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="573134346267631731343479303821">[email protected]</a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
The proceeding this Public Notice initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules, 47 CFR 1.1200 et seq. Persons making ex parte
presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and
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arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Synopsis
In this document, the Federal Communications Commission (the FCC or
Commission), Public Safety and Homeland Security Bureau, announces its
plan to make electronic filing available for CALEA System Security and
Integrity Policies and Procedures documents (SSI Plans), which must be
filed by all covered providers, and must be updated whenever there is a
change in those SSI Plans or following a merger or divestiture. SSI
Plans are confidential filings that have been traditionally filed by
paper with the Commission. In the Public Notice, the Commission
describes the planned CALEA Electronic Filing System (CEFS), and
provides details about how confidential SSI Plan filing via CEFS will
work. We ask members of the public for comment about the CEFS, and we
specifically ask for comment on our proposal to make electronic filing
mandatory of SSI Plans instead of paper filing, and the timing of this
requirement starting six months after CEFS is made available for
voluntary filing. Commenters suggesting proposed alternatives should
explain the basis for their proposals.
Initial Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice-and-
comment rulemaking proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concerns'' under the Small
Business Act. A ``small business concern'' is one that: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). Accordingly, the Public Safety and
Homeland Security Bureau (Bureau) has prepared this Initial Regulatory
Flexibility Certification (IRFC) certifying that the rules and policies
proposed in the Public Notice will not have a significant economic
impact on a substantial number of small entities.
In 1994, Congress enacted the Communications Assistance for Law
Enforcement (CALEA), Public Law 103-414, 108 Stat. 4279 to define the
statutory obligations of telecommunications carriers to assist law
enforcement in executing electronic surveillance pursuant to court
order or other lawful authorization. Congress amended the
Communications Act of 1934 to add Sections 229(b) and (c) to facilitate
compliance and FCC oversight of the requirements of CALEA. CALEA is
intended to preserve the ability of law enforcement agencies to conduct
electronic surveillance while protecting the privacy of information
outside the scope of the investigation. CALEA requires that
telecommunications carriers and manufacturers of telecommunications
equipment design their equipment, facilities, and services to ensure
that they have the necessary surveillance capabilities to comply with
legal requests for information. Communications services and facilities
utilizing Circuit Mode equipment, packet mode equipment, facilities-
based broadband internet access providers and providers of
interconnected Voice over internet Protocol (VoIP) service are all
subject to CALEA. These compliance requirements include wireless
services, routing and soft switched services, and internet-based
telecommunications present in applications used by telecommunications
devices.
Telecommunications carriers must file and maintain up-to-date
System Security and Integrity (SSI) plans with the Commission, as those
plans are described in 47 CFR 1.20005. This information includes a
description of how the service provider complies with CALEA, and
carrier contact information. Such information is not disclosed to the
public. This information collection has been approved by the Office of
Management and Budget, control number 3060-0809.
In this Public Notice, we propose to modernize the Commission's
procedures governing the filing of CALEA SSI plans that
telecommunications carriers must follow to submit their plans for
Commission review. Presently, CALEA SSI plans are filed in paper. We
propose to require telecommunications carriers to submit CALEA SSI
plans electronically in the CALEA Electronic Filing System (CEFS). We
also propose that mandatory filing begin six months after the Bureau
announces the availability of CEFS for voluntary filing. We believe
these proposals will provide telecommunications carriers certainty and
streamline the process for filing CALEA SSI plans.
The entities subject to the proposed electronic filing requirement
are new telecommunications carriers and telecommunications carriers
that must update their SSI plans, and consequently, the streamlined
filing process we propose in the Public Notice are specific to those
entities and their obligations under CALEA. Moreover, the electronic
filing process does not impose increased reporting burdens on
telecommunications carriers, including small businesses; nor do we
expect the electronic filing process to result in increased costs for
such businesses. The new electronic database will reduce paperwork and
the time burden on small entities. The CEFS presents a public-facing
web form containing data entry fields for collection of key portions of
the required data that will help ensure filers supply necessary
information in their SSI Plans. The use of the web form and electronic
filing will reduce the time burden imposed on small entities when
deficient paper SSI plans must be returned to filers for correction.
The automated CEFS for SSI Plan submission replaces a cumbersome and
space-consuming paper process, streamlines the review process using a
web-based checklist system, and enhances recordkeeping and retrieval
capabilities for small entities.
Consequently, there will not be a significant economic impact on a
substantial number of small entities. Therefore, we certify that the
proposed requirements in the Public Notice will not have a significant
economic impact
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on a substantial number of small entities. The Public Notice and this
initial certification will be sent to the Chief Counsel for Advocacy of
the SBA and will be published in the Federal Register.
Federal Communications Commission.
David L. Furth,
Deputy Chief.
[FR Doc. 2022-13264 Filed 6-21-22; 8:45 am]
BILLING CODE 6712-01-P
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