Summary of the CALEA NPRM's Declaratory Ruling Regarding Push To Talk Services

August 9, 2004. The Federal Communications Commission's (FCC) CALEA NPRM [100 pages in PDF], released on August 9, 2004 contains a declaratory ruling that push to talk services are subject to CALEA requirements.

The notice of proposed rulemaking (NPRM) first addresses Commercial Mobile Radio Service (CMRS) providers, or cellular providers. The NPRM states that "CMRS carrier offerings of push-to-talk service that are offered in conjunction with interconnected service to the PSTN, but may use different technologies, are subject to CALEA requirements." (See, NPRM at Paragraph 146.) But, if the push to talk service does not enable connection to someone on the public switched telephone network (PSTN), then it is not subject to CALEA requirements.

This article is part of a seven part series on the FCC's CALEA NPRM. All of these articles, which are listed and hyperlinked below, were originally published in TLJ Daily E-Mail Alert No. 960, August 17, 2004.
Summary of the FCC's CALEA NPRM
Summary of the CALEA NPRM's Tentative Conclusion Regarding Broadband Internet Access Services
Summary of the CALEA NPRM's Tentative Conclusion Regarding Certain VOIP Services
Summary of the CALEA NPRM's Declaratory Ruling Regarding Push To Talk Services
Summary of the CALEA NPRM's Substantial Replacement Analysis
Summary of the CALEA NPRM's Future Services Analysis
Summary of the CALEA NPRM's Private Intercept Management Provider Proposal

The NPRM continues that "We find that whether a CMRS carrier's push-to-talk service offering is subject to CALEA depends on the regulatory definition and functional characteristics of that service and not on the particular technology the carrier chooses to apply in offering it. Therefore, we conclude that regardless of what newer technologies a CMRS carrier may use in its offering of push-to-talk ``dispatch service,´´ it continues to be subject to the requirements of CALEA, if the required definitional element for CMRS service is met, i.e., the delivery of the push-to-talk service is offered in conjunction with interconnected service to the PSTN."

Then the NPRM adds this. "We qualify this approach, however, recognizing that what has been termed ``private dispatch services´´ may be developed or implemented in a manner that raises issues pertaining to the Substantial Replacement Provision. For example, an entity might deploy a seemingly ``private´´ or ``closed´´ push-to-talk services that may satisfy all three prongs of the Substantial Replacement Provision such that this service would be subject to CALEA." (See, NPRM at Paragraph 151.)

There is also a footnote to this paragraph. It provides, in part, "For instance, some wireless push-to-talk offerings being developed will rely on Wi-Fi, combined with VoIP, and unlike CMRS-based push-to-talk that provides the capability of interconnecting to the local exchange network, would not interconnect to the PSTN." (See, NPRM at Footnote 348.)