Page:United States Statutes at Large Volume 108 Part 5.djvu/795

 PUBLIC LAW 103-414 —OCT. 25 1994 108 STAT. 4285 that such requirements or standards are deficient, the agency or person may petition the Commission to establish, by rule, technical requirements or standards that— (1) meet the assistance capabliity requirements of section 103 by cost-effective methods; (2) protect the privacy and security of communications not authorized to be intercepted; (3) minimize the cost of such compliance on residential ratepayers; (4) serve the policy of the United States to encourage the provision of new technologies and services to the public; and (5) provide a reasonable time and conditions for compliance with and the transition to any new standard, including defining the obligations of telecommunications carriers under section 103 during any transition period. (c) EXTENSION OF COMPLIANCE DATE FOR EQUIPMENT, FACILI- TiES, AND SERVICES.— (1) PETITION. —^A telecommimications carrier proposing to install or deploy, or having installed or deployed, any equipment, facility, or service prior to the effective date of section 103 may petition the Commission for 1 or more extensions of the deadline for complying with the assistance capability requirements under section 103. (2) GROUNDS FOR EXTENSION. — The Commission may, after consultation with the Attorney General, grant an extension under this subsection, if the Commission determines that compliance with the assistance capability requirements under section 103 is not reasonably achievable through apphcation of technology available within the compHance period. (3) LENGTH OF EXTENSION.— An extension under this subsection shall extend for no longer than the earlier of— (A) the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under section 103; or (B) the date that is 2 years after the date on which the extension is granted. (4) APPLICABILITY OF EXTENSION.—An extension under this subsection shall apply to only that part of the carrier's business on which the new equipment, facility, or service is used. SEC. 108. ENFORCEMENT ORDERS. 47 USC 1007. (a) GROUNDS FOR ISSUANCE.—^A court shall issue an order enforcing this title under section 2522 of title 18, United States Code, only if the coiut finds that— (1) alternative technologies or capabihties or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of commiinications or access to call-identifying information; and (2) compliance with the requirements of this title is reasonably achievable through the apphcation of available technology to the equipment, fecihty, or service at issue or would have been reasonably achievaole if timely action had been taken. (b) TIME FOR COMPLIANCE. — Upon issuing an order enforcing this title, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier's, manufac-

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