Sec.  64.2103   Policies and procedures for employee supervision and control.

   A telecommunications carrier shall:

   (a) Appoint a senior officer or employee responsible for ensuring that any
   interception of communications or access to call-identifying information
   effected within its switching premises can be activated only in accordance
   with a court order or other lawful authorization and with the affirmative
   intervention of an individual officer or employee of the carrier.

   (b) Establish policies and procedures to implement paragraph (a) of this
   section, to include:

   (1)  A statement that carrier personnel must receive appropriate legal
   authorization and appropriate carrier authorization before enabling law
   enforcement officials and carrier personnel to implement the interception of
   communications or access to call-identifying information;

   (2)  An  interpretation of the phrase “appropriate authorization” that
   encompasses  the  definitions  of  appropriate legal authorization and
   appropriate carrier authorization, as used in paragraph (b)(1) of this
   section;

   (3) A detailed description of how long it will maintain its records of each
   interception of communications or access to call-identifying information
   pursuant to  Sec. 64.2104;

   (4) In a separate appendix to the policies and procedures document:

   (i) The name and a description of the job function of the senior officer or
   employee appointed pursuant to paragraph (a) of this section; and

   (ii) Information necessary for law enforcement agencies to contact the
   senior officer or employee appointed pursuant to paragraph (a) of this
   section or other CALEA points of contact on a seven days a week, 24 hours a
   day basis.

   (c) Report to the affected law enforcement agencies, within a reasonable
   time upon discovery:

   (1) Any act of compromise of a lawful interception of communications or
   access to call-identifying information to unauthorized persons or entities;
   and

   (2)  Any  act of unlawful electronic surveillance that occurred on its
   premises.

   [ 66 FR 22448 , May 4, 2001]