WASHINGTON-Despite action by the Federal Communications Commission earlier this month to extend the compliance date on the digital wiretap act, the debate over its implementation rages on.
In two separate luncheon briefings last week, the telecommunications industry-specifically the Cellular Telecommunications Industry Association and the United States Telephone Association-each praised the FCC for its action but stressed that they would continue to press Congress to extend the grandfather date issue before Congress adjourns in three weeks.
The Communications Assistance for Law Enforcement Act of 1994 allowed carriers to be reimbursed for upgrades to all equipment in place prior to Jan. 1, 1995. Personal communications services carriers complain that this grandfather date is unfair because these companies were not in existence yet. Other telecom carriers complain that the FBI is refusing to reimburse for switches that have been upgraded due to FCC mandate. “You have one agency who has drawn a line in the sand and another agency quickly pushing everybody over that line,” said CTIA President Thomas Wheeler.
This focus on the grandfather date upset some in law enforcement who charged that the telecom industry is not sufficiently concerned about public safety.
The Senate Judiciary Committee, on Sept. 17, stripped the grandfather date extension from the Department of Justice authorization bill but Chairman Orrin G. Hatch (R-Utah) left open the door for consideration of the grandfather date before Congress adjourns. “The lengthy delays which have delayed implementation of the CALEA have thrown the statutory timetable envisioned by Congress out of kilter and I hope that the Congress will attempt to fairly resolve the `grandfather’ issue before adjournment,” Hatch said.
The House of Representatives had added language to the Justice Department authorization bill on the House floor in June to extend both the grandfather date and compliance date to October 2000. The telecom industry is no longer pushing the compliance date extension due to the FCC’s action. Hatch noted that the language was opposed by the FBI and concerned many Senators. He also noted, however, that it could be returned to the bill on the Senate floor or in conference committee.
There is also a possibility that the issue could appear on another piece of legislation. “Like so many things, the difference between winning and losing comes in the last kick … at some times there is an opening and you have to be there to push through that opening,” Wheeler said. These comments were echoed at the USTA luncheon the next day. “We are looking at all of the various options,” said Alyson V. Ziegler, USTA director and counsel for government relations.
Law enforcement remains adamantly opposed to a grandfather extension and continues to believe this is a cost issue. The telecom industry says it is fairness rather than money that is their motivation. Indeed, the telecom industry recently sent a letter to Congress stating that the Congressional Budget Office has determined that there would be no budgetary impact by extending the grandfather date.
There is no cost impact because the government would pay the manufacturer once and mandate that the manufacturer make it available but if the grandfather date is not extended then the manufacturer could charge all pre-equipment for the upgrade, Wheeler said.
