TMP Regulatory & Compliance Issues 3 — Questions and Answers
Question 1: What does CALEA (Communications Assistance for Law Enforcement Act) require of telecommunications carriers?
- Carriers must store all call records for at least 10 years
- Carriers must build lawful intercept capabilities into their networks for authorized wiretapping (Correct answer)
- Carriers must report all international calls to the NSA
- Carriers must encrypt voice traffic using FIPS-approved algorithms
Correct answer: Carriers must build lawful intercept capabilities into their networks for authorized wiretapping
CALEA mandates that telecommunications carriers design their systems to enable authorized law enforcement wiretapping upon lawful court order.
Question 2: Which federal statute governs the privacy of electronic communications and restricts interception of wire, oral, and electronic communications?
- Electronic Communications Privacy Act (ECPA) (Correct answer)
- Computer Fraud and Abuse Act (CFAA)
- Freedom of Information Act (FOIA)
- Stored Communications Act only
Correct answer: Electronic Communications Privacy Act (ECPA)
The ECPA, which includes the Wiretap Act and Stored Communications Act, sets federal standards for the privacy and lawful interception of electronic communications.
Question 3: A telecommunications provider wants to merge with a competitor. Which agencies typically have joint jurisdiction to review and potentially block the merger?
- FCC and the Department of Justice or FTC (Correct answer)
- FCC and the Department of Commerce only
- NTIA and the Department of Homeland Security
- FCC and the Federal Reserve Board
Correct answer: FCC and the Department of Justice or FTC
Telecom mergers require both FCC approval (for license transfers) and antitrust review by the DOJ Antitrust Division or FTC.
Question 4: What is the meaning of 'cramming' in telecommunications compliance?
- Unauthorized switching of a customer's carrier
- Placement of unauthorized, misleading, or deceptive charges on a phone bill (Correct answer)
- Over-provisioning bandwidth to exceed licensed spectrum limits
- Blocking competitor calls from routing through network infrastructure
Correct answer: Placement of unauthorized, misleading, or deceptive charges on a phone bill
Cramming refers to the practice of placing unauthorized charges on consumers' telephone bills, which is prohibited under FCC rules and state consumer protection laws.
Question 5: Under the FCC's spectrum licensing framework, what is a 'secondary use' license?
- A license granted to government agencies after commercial use
- A license that allows use of spectrum only when the primary licensee is not using it, without interference protection (Correct answer)
- A license for backup communications systems only
- A license granted to carriers after their primary license expires
Correct answer: A license that allows use of spectrum only when the primary licensee is not using it, without interference protection
Secondary use licenses permit spectrum use on a non-interference basis, meaning secondary users must not interfere with and have no protection from primary licensees.
Question 6: Which FCC program specifically addresses affordability of broadband and voice services for low-income consumers?
- E-Rate Program
- Lifeline Program (Correct answer)
- Connect America Fund
- Rural Health Care Program
Correct answer: Lifeline Program
The FCC's Lifeline program provides monthly discounts on broadband and voice services for eligible low-income consumers.
Question 7: When a telecom carrier must implement new regulatory requirements, which approach best minimizes compliance risk during the transition period?
- Wait until the compliance deadline to begin implementation to avoid unnecessary costs
- Implement phased compliance with documented milestones and seek FCC guidance on ambiguous requirements (Correct answer)
- Apply for a blanket exemption from the new rules pending industry review
- Immediately cease all affected services until full compliance is achieved
Correct answer: Implement phased compliance with documented milestones and seek FCC guidance on ambiguous requirements
A phased approach with documented milestones and proactive regulatory engagement demonstrates good-faith compliance efforts and minimizes enforcement risk.
TMP Regulatory & Compliance Issues 3
What does CALEA (Communications Assistance for Law Enforcement Act) require of telecommunications carriers?