Page:United States Statutes at Large Volume 108 Part 5.djvu/793

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PUBLIC LAW 103-414—OCT. 25 1994 108 STAT. 4283 (B) shall identify, to the maximum extent practicable, the capacity required at specific geographic locations. (b) COMPLIANCE WITH CAPACITY NOTICES. — (1) INITIAL CAPACITY.— Within 3 years after the publication by the Attorney General of a notice of capacity requirements or within 4 years after the date of enactment of this title, whichever is longer, a telecommunications carrier shall, subject to subsection (e), ensure that its systems are capable of— (A) accommodating simultaneously the mraiber of interceptions, pen registers, and trap and trace devices set form in the notice under subsection (a)(1)(A); and (B) expanding to the maximum capacity set forth in the notice under subsection (a)(1)(B). (2) EXPANSION TO MAXIMUM CAPACITY. —After the date described in paragraph (1), a telecommunications carrier shall, subject to subsection (e), ensure that it can acconunodate expeditiously any increase in the actual number of conmiunication interceptions, pen registers, and trap and trace devices that authorized agencies may seek to conduct and use, up to the maximum capacity requirement set forth in the notice under subsection (a)(1)(B). (c) NOTICES OF INCREASED MAXIMUM CAPACITY REQUIRE- MENTS. — (1) NOTICE.— The Attorney General shall periodically pub- Federal lish in the Federal Register, after notice and comment, notice r?^?^®!' - ' °

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. .. ' . publication. of any necessary increases m the maximum capacity requirement set forth in the notice under subsection (a)(1)(B). (2) COMPLIANCE. —Within 3 years after notice of increased maximum capacity requirements is published under paragraph (1), or within such longer time period as the Attorney General may specify, a telecommunications carrier shall, subject to subsection (e), ensure that its systems are capable of expanding to the increased maximum capacity set forth in the notice. (d) CARRIER STATEMENT. —Within 180 days after the publication by the Attorney General of a notice of capacity requirements pursuant to subsection (a) or (c), a telecommunications carrier shall submit to the Attorney General a statement identifying any of its systems or services that do not have the capacity to accommodate simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under such subsection. (e) REIMBURSEMENT REQUIRED FOR COMPLL^NCE.—The Attorney General shall review the statements submitted under subsection (d) and may, subject to the availability of appropriations, agree to reimburse a telecommunications carrier for costs directiy associated with modifications to attain such capacity requirement that are determined to be reasonable in accordance with section 109(e). Until the Attorney General agrees to reimburse such carrier for such modification, such carrier shall be considered to be in compliance with the capacity notices under subsection (a) or (c). SEC. 105. SYSTEMS SECURITY AND INTEGRITY. 47 USC 1004. A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawftd authorization and with the affirmative intervention of an individual officer or employee of