Page:United States Statutes at Large Volume 108 Part 5.djvu/790

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108 STAT. 4280 PUBLIC LAW 103-414 —OCT. 25, 1994 (i) a service that permits a customer to retrieve stored information fh)m, or file information for storage in, information storage faciHties; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a teleconununications carrier's internal management, control, or operation of its telecommimications network. (7) The term "telecommimications support services" means a product, software, or service used by a telecommunications carrier for the internal signaling or switching functions of its telecommunications network. (8) The term "teleconmiunications carrier"— (A) means a person or entity engaged in the transmission or switching of wire or electronic conmiunications as a common carrier for hire; and (B) includes— (i) a person or entity engaged in providing conunercial mobile service (as denned in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))); or (ii) a person or entity engaged in providing wire or electronic conmiunication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this title;but (C) does not include— (i) persons or entities insofar as they are engaged in providing information services; and (ii) any class or category of teleconmiunications carriers that the Commission exempts by rule after consultation with the Attorney General. 47 USC 1002. SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS. (a) CAPABILITY REQUIREMENTS.— Except as provided in subsections (b), (c), and (d) of this section and sections 108(a) and 109(b) and (d), a telecommunications csirrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct commimications are capable of— (1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrentiy with their transmission to or from the subscriber's equipment, facility, or service, or at such later time as may be acceptable to the government; (2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to access call-identifying information that is resisonably available to the carrier—