Page:United States Statutes at Large Volume 108 Part 5.djvu/797

 PUBLIC LAW 103-414—OCT. 25 1994 108 STAT. 4287 (D) The need to achieve the capabiHty assistance requirements of section 103 by cost-effective methods. (E) The effect on the nature and cost of the equipment, facility, or service at issue. (F) The effect on the operation of the equipment, facility, or service at issue. (G) The policy of the United States to encourage the provision of new technologies and services to the public. (H) The financial resources of the telecommimications carrier. (I) The effect on competition in the provision of telecommunications services. (J) The extent to which the design and development of the equipment, facihty, or service was initiated before January 1, 1995. (K) Such other factors as the Commission determines are appropriate. (2) COMPENSATION.— If compliance with the assistance capability requirements of section 103 is not reasonably achievable with respect to equipment, facilities, or services deployed after January 1, 1995— (A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, to pay the telecommunications carrier for the additional reasonable costs of making compliance with such assistance capability requirements resisonably achievable; sind (B) if the Attorney General does not agree to pay such costs, the telecommunications carrier shall be deemed to be in compliance with such capability requirements. (c) ALLOCATION OF FUNDS FOR PAYMENT.—The Attorney General shall Edlocate funds appropriated to carry out this title in accordance with law enforcement priorities determined by the Attorney General. (d) FAILURE TO MAKE PAYMENT WITH RESPECT TO EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED ON OR BEFORE JANUARY 1, 1995.— I f a carrier has requested payment in accordance with procedures promulgated pursuant to subsection (e), and the Attorney General has not agreed to pay the telecommunications carrier for all reasonable costs directiy associated with modifications necessary to bring any equipment, facility, or service deployed on or before January 1, 1995, into compliance with the assistance capability requirements of section 103, such equipment, facility, or service shall be considered to be in compliance with the assistance capability requirements of section 103 until the equipment, facihty, or service is replaced or significantiy upgraded or omerwise undergoes major modification. (e) COST CONTROL REGULATIONS.— (1) IN GENERAL.— The Attorney General shall, after notice and comment, establish regulations necessary to effectuate timely and cost-efficient payment to telecommunications carriers under this title, under chapters 119 and 121 of title 18, United States Code, and under the Foreign InteUigence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (2) CONTENTS OF REGULATIONS. — The Attorney General, after consultation with the Commission, shall prescribe regulations for purposes of determining reasonable costs under this

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