AT&T SEEKING DEADLINE EXTENSION ON CALEA'S PACKET-MODE MANDATE

FCC requires carriers to implement CALEA requirements in 2 phases. Carriers first must install core surveillance features of industry safe harbor standard called J-Standard, or J-STD-025, then address remaining punch list and packet data issues. Punch list covers items such as dialed digits and custom calling. AWS told FCC that it had installed core features of J-Standard in nearly 2/3 of its markets, which are supported by Ericsson and Nortel switches. After advanced testing of Lucent’s core solution, carrier expects to roll out its technology in remaining third of markets “shortly.” AWS said it had conducted “several hundred” surveillances for law enforcement agencies under CALEA but said those monitoring orders came from “handful” of enforcement agencies -- mostly federal -- that are prepared to process CALEA-compliant data. AWS listed FBI, Drug Enforcement Administration and Fla. Dept. of Law Enforcement. It said, “Regrettably, most state and local law enforcement agencies are still unprepared for CALEA and have neither purchased the collection equipment nor obtained the transport facilities that they need to receive and process the J-STD-025 features.” Some agencies have asked carrier to postpone CALEA upgrades because they “are not prepared to handle the transition to CALEA functionality,” petition said.

On SMS surveillance, AWS said it and other carriers were developing solution based on mobile switching center (MSC). “Nevertheless, the Federal Bureau of Investigation has repeatedly instructed AWS (and other carriers and manufacturers) that it must implement an additional, duplicative solution in a separate location -- at the message center,” petition said. AT&T contended FBI request was illegal and duplicative. Petition cited provision in CALEA that law enforcement agency wasn’t authorized to require specific design of equipment or facilities used for electronic wiretaps. “Under CALEA, the FBI or any law enforcement agency doesn’t get to tell carriers how to provide a solution,” said Washington attorney Tom Barba, who handled AT&T’s petition. “They are trying to tell us what part of the network they want the message to emanate from, which is the message center.” AWS said FBI had “demanded” that carrier design surveillance capability in message center, warning AT&T it wouldn’t receive support for its flexible deployment submission on core J-Standard issues unless that capability were built. AWS said that capability wasn’t needed because through existing SMS solution law enforcers would have access to all SMS messages for subscriber. When subscriber is roaming out of network, those SMS messages would be accessible through roaming carrier’s MSC, AWS said.

Message center solution that FBI wants also could pose jurisdictional problem, AWS said. Switching center solution backed by AWS would give state and local law enforcement agencies access only to communications within jurisdiction in which they were authorized to intercept communications. FBI’s message center solution would capture SMS messages after subscriber had roamed outside of local jurisdiction, AWS said.

As for CDPD, AWS wants FCC to confirm it doesn’t have to develop CALEA solution because that is information service. CALEA requires telecom carriers to ensure their facilities comply with statute, but providers of information services are exempt. Even if FCC doesn’t agree, AWS said CALEA solution for that service wasn’t “reasonably achievable.” It said Lucent and Nortel had indicated they weren’t developing future capabilities for CDPD products, including surveillance technologies. System dates to early 1990s and is being overtaken by newer wireless data technology such as GPRS, AWS said. One dilemma faced by both carriers and regulators is that “criminals are willing to use dying technologies to communicate with each other, especially if they think they aren’t going to be surveilled on them,” source said. For same reason, criminals also see new technologies, for which monitoring systems are in nascent stages, as attractive, source said.

CTIA letter to Powell said FBI had published revision in its flexible deployment plan guidelines this month, urging carriers to submit detailed information to it by Sept. 30 “prior to seeking an extension from the Commission.” CTIA warned that without extension of Sept. 30 deadline, FBI’s Carnivore standard was likely to become default surveillance method because commercial technology wasn’t yet available. It also expressed concerns that FBI wanted carriers voluntarily to submit packet-mode deployment plans even though commercial solutions weren’t available for companies, which can’t develop deployment plans until they have certainty from vendors. CTIA Senior Vp-Policy & Administration Michael Altschul said flexible deployment process had been successful for core CALEA requirements for which switch vendors had developed software needed to carry out requirements. Point of process was that federal regulators realized flash-cut deployment wasn’t possible for every switch in country and flexible schedule made sense based on carrier’s normal upgrade schedule and input from law enforcement on where agencies wanted surveillance capabilities first, Altschul said. Flexible deployment process is different for packet-mode capabilities, he said. “This time the software is not developed, carriers don’t have something they can take to the FCC or the FBI,” Altschul said.

Other carriers are expected to file individual requests for extension of deadline, although AT&T Wireless appears to be the first to have done so. While it was unclear how Commission planned to proceed, one source said agency could grant 4 blanket waivers based on switch development schedules of individual vendors, rather than carriers. “There is absolutely no benefit to anyone of carrier-specific requests in an environment where there is no commercially available solution,” source said.