New VoIP Reporting
Deadlines
On December 14, 2006, the FCC set two deadlines for important reporting
requirements associated with interconnected VoIP provider compliance with the Communications Assistance for Law Enforcement
Act (“CALEA”). Specifically, interconnected VoIP providers must file
CALEA monitoring reports by February 12,
2007 and CALEA system security plans by March 12, 2007.
The FCC originally applied the
requirements of CALEA to interconnected VoIP providers in a September, 2005 order. This
past May, in a subsequent order, the FCC detailed the implementation requirements that interconnected VoIP providers
must meet to comply with CALEA by May
14, 2007.
The two new CALEA reporting requirements
further the continuing FCC trend of regulating interconnected VoIP providers. In
2005 the FCC extended E911 obligations to interconnected VoIP providers, and in 2006 the agency required VoIP providers
to contribute to the Universal Service Fund ("USF").
Monitoring Report
The FCC determined in the May
order that all interconnected VoIP providers must file a monitoring report with the FCC demonstrating the actions the company
has taken towards CALEA compliance and establishing a date by which compliance is anticipated.
Monitoring reports will be treated as confidential by the FCC and will not be made available routinely for public inspection. The deadline for filing this monitoring report is February 12, 2007.
The FCC’s decision expressed
concern about identifying impediments to timely compliance and required monitoring reports to avoid potential delays in compliance. VoIP providers must provide specific reasons for non-compliance if they will not meet
the May 14 deadline, and must identify the company’s expected compliance method.
Interconnected VoIP providers can comply by using a) an accepted industry technical standard (the “safe
harbor”), b) a Trusted Third Party (independent company that remotely manages the intercept process), or c) a customized
compliance solution.
CALEA System Security Plan
Interconnected VoIP providers
are also required to develop and file with the FCC a CALEA system security plan, a requirement to which other telecommunications
carriers have been subject for several years. The system security plan includes
company policies and procedures for providing call interception and access to call-identifying information only pursuant to
lawful request; maintaining adequate records; and satisfying applicable reporting requirements. The system security plan also identifies a senior officer responsible for such company policies and procedures,
recordkeeping and reporting. Companies that wish to withhold the report from
public inspection must request confidential treatment pursuant to the FCC’s rules.
The FCC can assess a monetary penalty against any provider that fails to file a system security plan. The deadline
for interconnected VoIP providers to file this plan is March 12, 2007.
Additional Requirements
In order to submit the monitoring
report, interconnected VoIP providers must first provide company contact information, including an FCC Registration Number
(“FRN”) and Filer 499 ID. The Filer 499 ID is obtained by filing
an FCC Form 499-A with the Universal Service Administrative Company (“USAC”), which interconnected VoIP providers
should already have done by August 1, 2006. This registration sets the company up as a contributor
under the federal USF program, as well as other federal subsidy programs.
If your company requires assistance
in preparing and submitting a monitoring report, system security plan, FRN or FCC Form 499-A registration, please contact
us.
