108 STAT. 4282
PUBLIC LAW 103-414—OCT. 25, 1994
(c) EMERGENCY OR EXIGENT CIRCUMSTANCES.— In emergency
or exigent circumstances (including those described in sections 2518
(7) or (ll)(b) and 3125 of title 18, United States Code, and section
1805(e) of title 50 of such Code), a carrier at its discretion may
comply with subsection (a)(3) by allowing monitoring at its premises
if that is the only means of accomplishing the interception or
access.
(d) MOBILE SERVICE ASSISTANCE REQUIREMENTS.— A telecommunications carrier that is a provider of commercial mobile
service (as defined in section 332(a) of the Conmiunications Act
of 1934) offering a feature or service that allows subscribers to
redirect, hand off, or assign their wire or electronic commu nications
to another service area or another service provider or to utiHze
facilities in another service area or of another service provider
shall ensure that, when the carrier that had been providing assistance for the interception of wire or electronic communications or
access to call-identifying information pursuant to a court order
or lawful authorization no longer has access to the content of
such communications or caU-identifying information within the service area in which interception has been occurring as a result of
the subscriber's use of such a feature or service, information is
made available to the government (before, during, or immediately
after the transfer of such communications) identifying the provider
of a wire or electronic communication service that has acquired
access to the conmiunications.
47 USC 1003.
SEC. 104. NOTICES OF CAPACITY REQUIREMENTS.
(a) NOTICES OF MAXIMUM AND ACTUAL CAPACITY REQUIRE-
MENTS.—
Federal
(1) IN GENERAL. —Not later than 1 year after the date
TM?hi Winn
o^ enactment of this title, after consulting with State and local
law enforcement agencies, telecommunications carriers, providers of telecommunications support services, and manufacturers
of telecommunications equipment, and after notice and comment, the Attorney General shall publish in the Federal Register and provide to appropriate telecommunications industry
associations and standara-setting organizations—
(A) notice of the actual nuniber of communication interceptions, pen re^sters, and trap and trace devices, representing a portion of the maximum capacity set forth
under subparagraph (B), that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously
by the date that is 4 years after the date of enactment
of this title; and
(B) notice of the maximum capacity required to
accommodate all of the communication interceptions, pen
registers, and trap and trace devices that the Attorney
General estimates that government agencies authorized
to conduct electronic surveillance may conduct and use
simultaneously after the date that is 4 years after the
date of enactment of this title.
(2) BASIS OF NOTICES. —The notices issued under paragraph
(1)-
(A) may be based upon the type of equipment, type
of service, number of subscribers, type or size or carrier,
nature of service area, or any other measure; and
publication.
�
