April 22, 2005
Wireless Broadband Task Force Report
GN Docket No. 04-163
The Department of Justice filed comments with the FCC requesting that the Commission continue to preserve the vital national security and criminal law enforcement capabilities of CALEA as it develops a deregulatory framework for wireless broadband Internet access services.
July 22, 2004
Interim Waiver with Regard to Broadband Services Provided via Fiber to the Premises
WC Docket No. 04-242
The Department of Justice filed comments stating that Verizon's fiber-to-the-premises (FTTP) broadband service, like any other broadband-access service, must comply with CALEA. DOJ took no position on whether the FCC should require Verizon's FTTP broadband service to be subject to unbundling, tariffing, or cost-justification requirements or any economic regulation. DOJ stated that it understands Verizon's desire to resolve issues concerning its provision of FTTP broadband service as soon as possible and urges the Commission to make those decisions in a manner that eliminates doubt about the applicability of CALEA.
March 15, 2002
Access to the Internet Over Cable and Other Facilities
GN Docket No. 00-185
Treatment for Broadband Access to the Internet Over Cable Facilities
CS Docket No. 02-52
In a Declaratory Ruling and Notice of Proposed Rulemaking FCC 02-77 < the FCC made a "declaratory ruling" that cable modem service (TV lines) is an "information service" under the Telecommunication Act and initiated a proceeding to establish rules and regulations based on that finding.
Therefore the FCC's pending wireline broadband Internet access proceeding is CC Docket Nos. 02-33, 95-20, and 98-10 and the cable modem broadband Internet access proceeding is CS Docket No. 02-52 (collectively the FCC Broadband Proceedings).
It should be noted that the FCC is not primarily focusing on CALEA in these proceedings, rather its emphasis is on the economic and policy concerns involved in regulation of these services under the Communications Act. However, since CALEA exempts "information service" from the surveillance capability requirements of Section 103, these FCC decisions have the potential to exclude broadband DSL and cable modem service from CALEA compliance.
The FBI filed the following comments in the Broadband Proceedings:
February 15, 2002
Framework for Broadband Access to the Internet over Wireline Facilities
CC Docket No. 02-33
Notice of Proposed Rulemaking FCC 02-42 the FCC initiated a proceeding to establish rules and regulations regarding the classification of "wireline broadband Internet access" under the Telecommunications Act. Digital Subscriber Line (DSL) service is an example of wireline broadband Internet access. In this document, the FCC "tentatively" decided that wireline broadband Internet access is an "information service."