Page:United States Statutes at Large Volume 108 Part 5.djvu/796

 108 STAT. 4286 PUBLIC LAW 103-414—OCT. 25, 1994 turer's, or service provider's ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require. (c) LIMITATIONS. —An order enforcing tius title may not— (1) require a telecommunications carrier to meet the Government's demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier; (2) require any telecommunications carrier to comply with assistance capability requirement of section 103 if the Commission has determinea (pursuant to section 109(b)(1)) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 109(b)(2)) to pay the costs described in section 109(b)(2)(A); or (3) require a telecommunications carrier to modify, for the piliT)ose of complying with the assistance capability requirements of section 103, any equipment, facihty, or service deployed on or before January 1, 1995, unless— (A) the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directiy associated with modifications necessary to bring tie equipment, facility, or service into compliance with those requirements; or (B) the equipment, facility, or service has been replaced or significantly upgraded or otherwise undergoes mjgor modification. 47 USC 1008. SEC. 109. PAYMENT OF COSTS OF TELECOMMUNICATIONS CARRIERS TO COMPLY WITH CAPABILHY REQUIREMENTS. (a) EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED ON OR BEFORE JANUARY 1, 1995.—The Attorney General may, subject to the availabilitir of appn^riations, agree to pay telecommunications carriers for all reascoiable costs directiy associated with the modifications performed by carriers in connection with equipment, facilities, and services installed or deployed on or before January 1, 1995, to establish the capabilities necessary to comply with section 103. (b) EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED AFTER JANUARY 1, 1995. — (1) I^TERMINATIONS OF REASONABLY ACHIEVABLE. —The Commission, on petition from a teleconmiunications carrier or any other interested person, and after notice to the Attorney General, shall determine whether compliance with the assistance capability requirements of section 103 is reasonably achievable with respect to any equipment, facility, or service installed or deployed after January 1, 1995. The Commission shall make such determination within 1 year after the date such petition is filed. In making such determination, the Commission shall determine whether compliance would impose significant difficulty or expense on the carrier or on the users of the carrier's systems and shall consider the following factors: (A) The effect on puWic safety and national security. (B) The effect on rates for basic residential telephone service. (C) The need to protect the privacy and security of communications not authorized to be Intercepted.

�