April 25, 2000                   
                                                           
                                                           
                   Separate Statement of 
                  Commissioner Susan Ness
                              
       Re:  CALEA Section 103 Compliance and Section 107(c) Petitions (CC Docket No. 97-
       213)
       
  Preserving law enforcement agencies' surveillance capabilities in the digital
  technology era is a critical goal of the Communications Assistance for Law Enforcement
  Act (CALEA).  Each day that goes by without CALEA-compliant equipment in operation
  limits the capability of law enforcement to protect public safety and to prevent terrorist or
  unlawful activity.  At the same time, we must recognize that CALEA-compliant equipment
  has not been developed as quickly as we had expected.  As a result, for the majority of
  carriers, and in particular, smaller carriers, CALEA-compliant hardware and software will
  not be commercially available by June 30, the deadline for compliance with the CALEA
  requirements.
  
  I would have preferred to adopt an even more streamlined waiver process or a
  blanket extension for carriers who, despite their best efforts, are unable to obtain CALEA-
  compliant equipment.  Nonetheless, I support the steps we have taken in this Public
  Notice to reduce the burden on carriers and provide a reasonably quick and efficient
  waiver mechanism for extensions of the deadline. Carriers using similar equipment, or
  associations of these carriers, are permitted to seek a joint waiver.  I also urge the
  Commission to apply any waiver request equally to similarly-situated carriers. Finally, I
  strongly encourage manufacturers and carriers to work cooperatively with law
  enforcement agencies to develop, install, and test CALEA-compliant equipment as
  expeditiously as possible.