Implementation of Section 104 of the Communications Assistance for Law Enforcement Act

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By this Notice, the FBI is responding to comments submitted on its Supplement for the Purpose of Responding to Remand ("Supplement"), published previously on December 5, 2003, at 68 FR 68112. As stated therein, the Supplement was published for the purpose of responding to a court decision to remand for further explanation two issues from the Final Notice of Capacity. The Final Notice of Capacity was published on March 12, 1998 at 63 FR 12218, pursuant to the requirements of the Communications Assistance for Law Enforcement Act ("CALEA"), 47 U.S.C. 1001, et seq. As stated in the Supplement, the court did not vacate the Final Notice of Capacity, and only required further explanation as to the two remanded issues. Neither this Notice, nor the Supplement constitute a republishing of the Final Notice of Capacity, and Telecommunications carriers should note that the provisions of 47 U.S.C. 1003(d) do not apply to today's Notice and should not file a "carrier statement" in response thereto.