Rule2023-11417
Communications Assistance for Law Enforcement Act, Mandatory Electronic Filing of System Security and Integrity Policies and Procedures Documents
Primary source
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Published
May 30, 2023
Effective
June 29, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (the FCC or Commission), amends a rule to announce mandatory use of the CALEA Electronic Filing System (CEFS), which is available at: https:// www.fcc.gov/cefs for certain required filings for telecommunications providers pursuant to the Communications Assistance for Law Enforcement Act (CALEA).
Full Text
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<title>Federal Register, Volume 88 Issue 103 (Tuesday, May 30, 2023)</title>
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[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34453-34454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11417]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[PS Docket No. 22-217; DA 23-392; FR ID 143022]
Communications Assistance for Law Enforcement Act, Mandatory
Electronic Filing of System Security and Integrity Policies and
Procedures Documents
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (the
FCC or Commission), amends a rule to announce mandatory use of the
CALEA Electronic Filing System (CEFS), which is available at: <a href="https://www.fcc.gov/cefs">https://www.fcc.gov/cefs</a> for certain required filings for telecommunications
providers pursuant to the Communications Assistance for Law Enforcement
Act (CALEA).
DATES: Effective June 29, 2023.
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#b8ead7cbddd5d9cac196fbd9dacad9d4f8dedbdb96dfd7ce"><span class="__cf_email__" data-cfemail="a8fac7dbcdc5c9dad186ebc9cadac9c4e8cecbcb86cfc7de">[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#a9eac1dbc0daddc6d9c1ccdb87efcccdccc5c0e9cfcaca87cec6df"><span class="__cf_email__" data-cfemail="a7e4cfd5ced4d3c8d7cfc2d589e1c2c3c2cbcee7c1c4c489c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in PS Docket No. 22-217, DA 23-392, adopted and released on May 15,
2023. The full text of this document is available at <a href="https://docs.fcc.gov/public/attachments/DA-23-392A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-392A1.pdf</a>.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs (OIRA), Office of Management and
Budget (OMB), concurs, that this rule is non-major under the
Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a
copy of this Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Certification
Under Section 604(a) of the Regulatory Flexibility Act, the Bureau
is not required to prepare a final regulatory flexibility analysis
because the Order does not require notice-and-comment rulemaking.
Although not required in this particular situation, we are optionally
including a Final Regulatory Flexibility Certification in this order
since an Initial Regulatory Flexibility Certification was included in
the CEFS Announcement Public Notice.
Paperwork Reduction Act
This document does not adopt or propose new or substantively
modified information collection(s) subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does
not contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4). This document may contain non-substantive
modifications to an approved information collection. Any such
modifications will be submitted to the Office of Management and Budget
for review pursuant to OMB's non-substantive modification process.
Synopsis
Section 105 of the Communications Assistance for Law Enforcement
Act, 47 U.S.C. 1004, and section 229(b) of the Communications Act, 47
U.S.C. 229(b), require all covered entities to file System Security and
Integrity (SSI) Plans with the Federal Communications Commission
(Commission). The Commission first specified the requirements for
telecommunications carriers' SSI Plans in 1999. Pursuant to Sec.
1.20005 of the Commission's rules, all providers subject to CALEA must
file their SSI Plans prior to commencing service and must re-file a
complete updated SSI Plan within 90 days following any changes to
information contained in a previously-filed SSI Plan. All SSI Plans
must contain all information listed under Sec. Sec. 1.20003 and
1.20004 of the Commission's rules.
On June 1, 2022, the Public Safety and Homeland Security Bureau
(Bureau) announced the launch of CEFS, which allows covered entities to
file System Security and Integrity Policies and Procedures Documents
(SSI Plans) confidentially and securely online, eliminating the need
for paper filing. Filers that seek to file confidentially or to
preserve the confidentiality of a piece of information in a filing may
still request such treatment under Sec. 0.459 of the Commission's
rules. Also, CEFS operates on a platform that links to the Commission
Registration System (CORES) to reduce the need for filers to re-enter
basic information that CORES users have already provided to the
Commission. The new system will allow users to file SSI Plans
electronically and, once they have electronically filed a plan in CEFS,
to log back in to CEFS and retrieve and view that filing. CEFS
encourages timely filings of new SSI Plans and updated SSI Plans and
reduces the risk of filing errors that require re-submission.
In the CEFS Announcement Public Notice, the Bureau stated that
electronic filing of SSI Plans in CEFS would initially be voluntary and
proposed to make electronic filing mandatory six months later. The six-
month transition period allowed regulated entities time to familiarize
themselves with CEFS and CORES, if necessary, and obtain FCC Usernames
and FCC Registration Numbers (FRNs) needed to file in CEFS. The
transition period also allowed time for internal consideration of any
further modifications to the new system. In
[[Page 34454]]
response to the CEFS Announcement Public Notice, we received no
comments regarding the proposal to mandate electronic filing of SSI
Plans or the timing of the proposed requirement. We received one
comment from Subsentio, LLC (Subsentio), which serves as a Trusted
Third Party (TTP) for entities subject to CALEA, requesting that CEFS
implementation include the ability for TTPs to continue to file SSI
Plans on behalf of multiple clients.
On December 12, 2022, the Bureau announced the availability of CEFS
for voluntary filing of SSI Plans. During this time, the Bureau began
accepting SSI Plans that were filed in CEFS voluntarily, and
implementing enhancements to ensure that CEFS is operating effectively
and efficiently when mandatory electronic filing takes effect.
Over the past decades, the Commission has made significant progress
to upgrade and modernize its filing procedures. Given the well-
established benefits of electronic filing, in this Order, we amend our
rules to require the electronic filing of SSI Plans through the new
database, CEFS. Specifically, the order amends Sec. 1.20005 to
announce mandatory use of the CALEA Electronic Filing System (CEFS) to
file SSI Plans electronically. The new CEFS database will reduce the
overall burden associated with these filings as well as increase the
efficiency of our administrative processes significantly.
List of Subjects in 47 CFR Part 1
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Lauren Kravetz,
Chief of Staff, Public Safety and Homeland Security Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.20005 by revising paragraph (a) and adding paragraph
(c) to read as follows:
Sec. 1.20005 Submission of policies and procedures and Commission
review.
(a) Each telecommunications carrier shall file with the Commission
the policies and procedures it uses to comply with the requirements of
this subpart. These policies and procedures shall be filed before
commencing service and, thereafter, within 90 days of a carrier's
merger or divestiture or a carrier's amendment of its existing policies
and procedures.
* * * * *
(c) As of June 29, 2023, any filings required by paragraph (a) of
this section shall be submitted electronically through the Commission's
CALEA Electronic Filing System (CEFS).
[FR Doc. 2023-11417 Filed 5-26-23; 8:45 am]
BILLING CODE 6712-01-P
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