Page:United States Statutes at Large Volume 108 Part 5.djvu/792

 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.

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