June 1996 - Capability Requirements Issued
Law enforcement surveillance capabilities were developed in consultation with other law enforcement agency and industry representatives. These capabilities were issued in a document entitled, Electronic Surveillance Interface (ESI) Document on June 24, 1996.²⁵

October 1996 - Telecommunications Carrier Compliance Fund Established
The Congress established the Telecommunications Carrier Compliance Trust Fund (TCCF) and authorized agencies with law enforcement responsibilities to deposit unobligated balances into the TCCF to assist in the funding of CALEA implementation efforts, subject to Congressional reprogramming requirements.

The Congress appropriated $60 million as start-up funds to begin CALEA implementation and deposited these funds in the TCCF. The Attorney General also transferred $40 million of DOJ working capital funds to the TCCF. Additionally, the U.S. Postal and Customs Services made contributions to the TCCF of $1 million and $1.6 million, respectively, for a total of $102.6 million available for CALEA implementation.

March 1997 - Implementation Plan Submitted
The FBI submitted an implementation plan to Congress on March 3, 1997. The implementation plan included: (1) law enforcement requirements for electronic surveillance, (2) a prioritized list of carrier equipment to be modified to meet law enforcement requirements for electronic surveillance; (3) capacity requirements; and (4) a projected reimbursement plan. The FBI estimated that carrier reimbursements would amount to $100 million a year for 5 years beginning in FY 1997.

March 1997 - Final Cost Recovery Regulations Published
The FBI published final cost recovery regulations (28 CFR Part 100) setting forth the procedures for carriers to follow in order to receive reimbursement under CALEA. The cost recovery regulations state the: (1) criteria for determining allowable and unallowable costs, (2) requirements carriers must meet in their submission of cost estimates and requests for payments for the disbursements of funds, and (3) audit requirements for CALEA implementation effort. The FBI also developed requisite audit programs and procedures to audit carrier proposals and agreements.

July 1997 - FCC Petition Filed
The Cellular Telecommunications Industry Association (CTIA) filed a petition with the FCC to establish electronic surveillance technical standards to implement Section 103 of CALEA because: ". . . the standards process is deadlocked, due . . . to unreasonable demands by law enforcement for more surveillance features than either CALEA or the wiretap laws allow." In its petition the CTIA characterized the ESI as a de facto standard even though CALEA expressly prohibits law enforcement from requiring any specific design of systems or features or the adoption of any particular technology to meet CALEA. The FCC did not rule on the CTIA petition.

January 1998 - Implementation Report Submitted
The FBI reported to Congress on January 26, 1998, in response to a Conference Committee Report (H. Rpt. 105-405) that directed the DOJ to submit to the Committees on Appropriations a report that included: (1) cost estimates for development and deployment of the proposed CALEA solution, (2) a timeline for development and deployment of the solution, and (3) two signed cooperative agreements with appropriate carriers.

According to the implementation report, manufacturers reviewed the punch-list requirements and none stated that these requirements were impossible to meet. However, several of the manufacturers stated that some of the requirements would be extremely difficult to meet. The implementation report included no cost estimates for development and deployment of a CALEA solution. Only one manufacturer permitted the FBI to disclose pricing data in the implementation report.

The implementation report provided a timeline that showed manufacturers' best estimates for deployment of solutions to permit carriers to satisfy law enforcement requirements to intercept electronic communications. Only one manufacturer expected to have a CALEA compliant solution by the October 25, 1998, deadline. Based on manufacturer timelines disclosed in the implementation report, the FBI expected that the carriers would not be able to meet the October 25, 1998, deadline. According to the implementation report, the FBI had not entered into any cooperative agreements with carriers at that time.

February 1998 - DOJ Position on the Capability Requirements Established
The DOJ advised that 9 of the 11 punch-list capabilities contained in the ESI were clearly within the scope of CALEA. The DOJ was willing to compromise on one punch-list capability and acknowledged that one other punch-list capability, although it would enhance the effectiveness of electronic surveillance, was not required by CALEA. The DOJ stated that the carriers' interim standard was deficient in that it failed to address the nine punch-list capabilities within the scope of CALEA.

The carrier associations responded and disagreed that CALEA required carriers to provide the punch-list capabilities. The carrier associations urged the DOJ to accept the industry developed interim standard capability standards.

March 1998 - Final Notice of Capacity Requirements Published
The FBI published in the Federal Register the Final Notice of Capacity Requirements, which superceded notices published on October 16, 1995 and January 14, 1997. The carriers had 180 days to provide the FBI with a statement of equipment that does not meet the capacity requirements. The FBI would consider reimbursing carriers for modifications to equipment to meet the capacity requirements.

March 1998 - FBI Petitioned the Federal Communications Commission
On March 27, 1998, the FBI filed with the FCC a petition entitled Joint Petition for Expedited Rulemaking Regarding Technical Requirements and Standards, to compel carriers to adopt the government's CALEA capability requirements. This initiated a series of telecommunication industry and government FCC filings to assist the FCC in its decision-making.

September 1998 - FCC Issued Memorandum Opinion and Order
On September 11, 1998, the FCC granted an extension of the deadline (October 28, 1998) for complying with CALEA capability requirements and ruled that carriers must be compliant with the industry assistance capabilities by June 30, 2000.

December 1998 - Attorney General's Fourth Annual Report to Congress
On December 10, 1998, the Attorney General issued the fourth annual report to Congress on the implementation of CALEA.

August 1999 - FCC Issued Second Report and Order
On August 31, 1999, the FCC concluded that the language and legislative history of CALEA provide sufficient guidance as to what the term "telecommunications carrier" means. The FCC also issued guidance for carriers seeking relief under CALEA reasonably achievable standard from CALEA assistance capability requirements for equipment, facilities, or service deployed after January 1, 1995.

August 1999 - FCC Issued Third Report and Order
On August 31, 1999 the FCC ruled that by September 30, 2001, carriers had to be compliant with six additional assistance capabilities sought by the government but not included in the industry assistance capabilities.

September 1999 - FBI Entered into Agreement with Nortel and Ameritech
On September 10, 1999, the FBI, Ameritech, and Nortel entered into an agreement through which the FBI agreed to reimburse Ameritech for its purchase of CALEA software RTU license from Nortel for its wireline systems. This agreement further stipulated that the FBI would commit $101.8 million for CALEA software RTU license for all carriers in the United States that used Nortel's equipment installed on or before January 1, 1995.

December 1999 - FBI Entered into Agreement with Nortel and AirTouch
On December 29, 1999, the FBI, Nortel, and AirTouch entered into an agreement through which the FBI agreed to reimburse AirTouch, and all other carriers in the United States, for its purchase of CALEA software RTU license from Nortel for its wireless system installed on or before January 1, 1995. The funds would come from the $101.8 million that was committed pursuant to the FBI's agreement with Nortel and Ameritech.

January 2000 - The Attorney General's Fifth Annual Report
On January 3, 2000, the Attorney General issued to the Congress the fifth annual report on the implementation of CALEA.

January 2000 - The Flexible Deployment Guide was published
The FBI published the Flexible Deployment Guide in January 2000. The Guide requested carriers to submit certain information to the FBI and explained under what circumstances the FBI might support a carrier's request to the FCC for an extension of the FCC-mandated deadlines.

March 2000 - The FBI Agreement with Lucent and Bell Atlantic
On March 31, 2000, the FBI entered into an agreement with Lucent and Bell Atlantic to reimburse Bell Atlantic and certain other carriers $170 million for their purchase of the RTU software licenses from Lucent.

June 2000 - The FBI Agreement with AG Communication Systems and GTE Communications Systems
On June 30, 2000, the FBI entered into an agreement with AG Communications Systems and GTE Communications Systems to reimburse GTE Communications Systems $25 million for its purchase of the RTU software license for the GTE telephone operating companies from AG Communications Systems.

September 2000 - The FBI Agreement with Nortel, Motorola, and Nextel
On September 29, 2000, the FBI entered into an agreement with Nortel, Motorola, and Nextel to reimburse Nextel and certain other carriers $17.9 million for their purchase of the RTU software licenses from Nortel.

October 2000 - The FBI Agreement with Siemens and Loretto
On October 2, 2000, the FBI entered into an agreement with Siemens and Loretto Telephone Company to reimburse Loretto $20 million for its purchase of the RTU software license from Siemens.

January 2001 - The Attorney General's Sixth Annual Report
On January 9, 2001, the Attorney General issued to the Congress the sixth annual report on the implementation of CALEA.

March 2001 - The FBI Agreement with Motorola and Nextel
On March 28, 2001, the FBI, Motorola, and Nextel entered into an agreement through which the FBI agreed to reimburse Nextel and certain other carriers $25 million for their purchase of the RTU software licenses from Motorola.

March 2001 - The FBI Agreement with Motorola
On March 29, 2001, the FBI entered into a National Availability Commitment with Motorola to reimburse carriers who use certain Motorola equipment switches $30 million for their purchase of the RTU software licenses from Motorola.

August 2001 - The Flexible Deployment Assistance Guide Second Edition for Packet-Mode Communications was published (Second Guide)
The Guide requested carriers to submit certain information to the FBI and explained under what circumstances the FBI might support a carrier's request to the FCC for an extension of the FCC-mandated deadlines.

September 2001 - The FBI Agreement with Siemens and Farmers
On September 25, 2001, the FBI entered into an agreement with Siemens and Farmers Telephone Company (Farmers) to reimburse Farmers and certain other carriers $20 million for their purchase of the RTU software licenses from Siemens.

December 2001 - The Attorney General's Seventh Annual Report
On December 13, 2001, the Attorney General issued to the Congress the seventh annual report on the implementation of CALEA.

February 2002 - The FBI Agreement with Qwest
On February 28, 2002, the FBI entered into an agreement with Qwest to reimburse Qwest for its costs for deployment of its CALEA solution in the Salt Lake City area for the 2002 Winter Olympics.

May 2002 - The 3rd Flexible Deployment Guide was published
The FBI published the 3rd Flexible Deployment Guide in May 2002. The Guide requested carriers to submit certain information to the FBI and explained under what circumstances the FBI might support a carrier's request to the FCC for an extension of the FCC-mandated deadlines.

September 2002 - The FBI Agreement with Nortel and Qwest
On September 25, 2002, the FBI entered into an agreement with Nortel and Qwest to reimburse Qwest and certain other carriers $4.2 million for their purchase of the RTU Enhanced Dial-Out software licenses from Nortel.

September 2002 - The FBI Agreement with Lucent and TDS
On September 30, 2002, the FBI entered into an agreement with Lucent and TDS to reimburse TDS $19.4 million for its purchase of the RTU Enhanced Dial-Out software license from Lucent.

November 2002 - The FBI Agreement with Siemens and TDS
On November 15, 2002, the FBI entered into an agreement with Siemens and TDS to reimburse TDS $15 million for its purchase of the RTU Enhanced Dial-Out software licenses from Siemens.

April 2003 - The FBI Agreement with Nortel and Qwest
On April 4, 2003, the FBI entered into an agreement with Nortel and Qwest to reimburse Qwest $6 million for its purchase of the RTU Enhanced Dial-Out software license from Nortel.

April 2003 - The FBI Agreement with Siemens and Loretto
On April 24, 2003, the FBI entered into an agreement with Siemens and Loretto Telephone Company to reimburse Loretto $4.8 million for its purchase of the RTU Enhanced Dial-Out software license from Siemens.

May 2003 - The Attorney General's Eighth Annual Report
On May 16, 2003, the Attorney General issued to the Congress the eighth annual report on the implementation of CALEA.

October 2003 - The Attorney General's Ninth Annual Report
On October 29, 2003, the Attorney General issued to the Congress the ninth annual report on the implementation of CALEA.

25. Prior to issuance of the ESI, the FBI had issued electronic surveillance capabilities in both 1994 (prior to the enactment of CALEA) and 1995. These documents contained the punch-list capabilities.

* BECAUSE THIS REPORT CONTAINED PROPRIETARY/COMMERCIAL INFORMATION, WE REDACTED (WHITED OUT) THAT INFORMATION FROM THE VERSION OF THE REPORT THAT IS BEING PUBLICLY RELEASED. WHERE SUCH INFORMATION WAS REDACTED IS NOTED IN THE REPORT.

Proprietary/Commercial Information Redacted