Communications Article: Application of CALEA to Cable Operators: Current Issues and Status of FCC Rulemaking
12/15/2005
Cable operators that provide broadband Internet services or voice over Internet protocol ("VoIP") services to their subscribers are required by a recent Federal Communications Commission ("FCC" or "Commission") to comply with the Communications Assistance for Law Enforcement Act ("CALEA"), which compels carriers to provide assistance to law enforcement authorities to obtain access to communications that may be part of an ongoing investigation. Assistance is required in the forms of both cooperation and system capability. The FCC's application of CALEA to broadband Internet services is being challenged in federal court. Even if CALEA applicability to broadband is upheld, there are a number of questions and issues about application of CALEA that remain to be resolved by the FCC and the industry.
This article written by Mintz Levin attorneys Chérie R. Kiser and Ernest C. Cooper, examines the background of CALEA, the FCC order declaring CALEA applicable to VoIP and Broadband, the federal court challenge to the order and other issues to be decided in a further order.
Chérie R. Kiser is the Managing Partner of the Washington, D.C. office of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and Chair of the Communications and Information Technology practice group for the firm. She also chairs the firm's Diversity Committee. Chérie's practice is devoted to telecommunications law and Internet-related transactions representing a wide range of clients, including cable companies, voice over Internet protocol service providers, competitive local exchange carriers, Internet service providers, wireless carriers, satellite carriers, integrated communications providers, and large users of telecommunications services.
Ernest C. Cooper is an associate in the Communications and Information Technology practice group, also resident in the Washington, D.C. office of Mintz Levin. Ernie's practice focuses on telecommunications regulation and telecommunications transactions for a variety of clients.
