Explanation of the Communications Assistance for Law Enforcement Act (CALEA)

In 1994 as a means of keeping up with emerging digital technology, the United States Congress approved the Communications for Law Enforcement Act (CALEA). The regulations were intended to preserve a wiretapping law put in place in 1968 and allow wiretapping over digital phone networks.

CALEA requires telecommunications carriers to modify their equipment, facilities, and services to aid surveillance capabilities. Initially there was some question as to whether this would apply to VoIP—Voice Over Internet Protocol service—but in 2005 the courts ruled that indeed VoIP must comply with CALEA.

As part of an investigation, law enforcement agencies or intelligence services can tap into a phone call or trace the origin of the call without advising any of the parties involved in the communications.

This means that all VoIP phone service, including toll free providers using VoIP, is subjected to the surveillance provisions under CALEA.

In fact, all telecommunications companies as defined by CALEA must maintain updated system securities plans with the Federal Communications Commission. Internet providers and VOIP service providers were required to submit their initial plan by March 2007 and now must provide updated material as mandated by CALEA.

Virtually all common carriers and telecommunications companies are subject to the regulations under CALEA. This means all telephone communications can be monitored as part of legal, warranted, surveillance by law enforcement agencies. However, fiber optic communications are a possible exception for some wiretapping purposes because detecting transmission through the fiber optic cables is very difficult.

What role does the FCC play in toll free phone numbers?

The Federal Communications Commission (FCC) regulates the use of toll-free numbers and establishes rules on how they can be obtained and used.

Launched in 1967 by AT&T, 800 numbers came under the purview of the FCC in the 1980s when the phone service monopoly broke apart. In 1991, the FCC required that toll-free numbers be portable, meaning that a toll-free number subscriber can “port” his or her number to a new provider when changing toll-free number service providers.

When the popular 800 numbers became scarce, the FCC introduced the 888 and 877 numbers in the mid-1990s and the 866 pre-fix in 2000. Available stock of toll free numbers is quickly depleting and industry insiders are awaiting the release of the 855 numbers currently reserved by the FCC. Insiders say these numbers may not be released for several years.

FCC’s rules designate the criteria for determining the status of each toll-free number, and prohibit “warehousing” and “hoarding” of toll-free numbers. However, the FCC does not oversee the assignment of toll-free numbers and does not have direct access to the toll-free number database maintained by the 800 Services Management System (SMS/800).

The FCC cannot provide any information about the status of a toll-free number or a request for a toll-free number on behalf of a customer. The FCC cannot reserve or hold numbers for a customer but they can mediate conflicts that arise over rights of ownership of specific numbers.

The FCC can intervene if they find a number is being used in a manner contrary to the established regulations. For instance, in 2005 the FCC took control of 1-800 RED-CROSS from a private owner and handed it over to the non-profit.

The value of toll free service has become a necessity for any type of business. The limited availability of new numbers and the limited turnover of used numbers have created an intense and competitive demand for 1-800, 888, 877 and 866 numbers. According to the FCC, popularity of toll free service has increased drastically over the past decade for both business and personal use.

What is the SMS800 and what role does it play?

The millions of subscribers signing on for toll free service each year are quickly learning about the vital role of the 800 Services Management System (SMS/800).

The SMS/800 Data Center houses the main database of available toll free 800, 888, 877 and 866 phone numbers for the United States and Canada. The SMS/800 maintains and updates the database and keeps records of the owners of each number and the service providers. Available numbers on the database are assigned to subscribers on a first-come, first-served, basis.

Additionally, the SMS/800 management team works with toll free service providers and with the owners and operators of the 800 numbers. The SMS/800 team is comprised of a representative of each of the Bell Operating Companies. The team has final authority on all issues that arise at SMS/800.

By law, all toll free phone service providers must deal with SMS/800 while assigning or reserving numbers for their customers. SMS/800 keeps records on the status of all 800 numbers, service providers, and call routing options.
The popularity of the 1-800 number, launched in 1967, led the Federal Communications Commission (FCC) to add the new pre-fixes 888 and 877 in the mid-1990s. When availability of those numbers plummeted, 866 was added in 2000 to overcome the shortage. SMS/800, started in the mid-1980s, manages all these numbers.

While popularity soars, availability of new and used toll free numbers is plummeting. When an 800 number is disconnected, it goes into what is referred to as the aging process. At some point it becomes available on the SMS/800 database. Then, service providers can access the numbers and assign it to a customer in the United States or Canada.