[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR100.11]

[Page 419-420]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 100--COST RECOVERY REGULATIONS, COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT OF 1994--Table of Contents
 
Sec. 100.11  Allowable costs.

    (a) Costs that are eligible for reimbursement under section 109(e) 
CALEA are:
    (1) All reasonable plant costs directly associated with the 
modifications performed by carriers in connection with equipment, 
facilities, and services installed or deployed on or before January 1, 
1995, to establish the capabilities necessary to comply with section 103 
of CALEA, until the equipment, facility, or service is replaced or 
significantly upgraded or otherwise undergoes major modifications;
    (2) Additional reasonable plant costs directly associated with 
making the assistance capability requirements found

[[Page 420]]

in section 103 of CALEA reasonably achievable with respect to equipment, 
facilities, or services installed or deployed after January 1, 1995, in 
accordance with the procedures established in CALEA section 109(b); and
    (3) Reasonable plant costs directly associated with modifications to 
any of a carrier's systems or services, as identified in the Carrier 
Statement required by CALEA section 104(d), that do not have the 
capacity to accommodate simultaneously the number of interceptions, pen 
registers, and trap and trace devices set forth in the Capacity 
Notice(s) published in accordance with CALEA section 104.
    (b) Allowable plant costs shall include:
    (1) The costs of installation, inspection, and testing of the 
telecommunications plant, and inspection after modifications have been 
made; and
    (2) The costs of direct supervision and office support for this work 
for plant costs.
    (c) In the case of any modification that may be used for any purpose 
other than lawfully authorized electronic surveillance by a government 
law enforcement agency, this part permits recovery of only the 
incremental cost of making the modification suitable for such law 
enforcement purposes.
    (d) Reasonable costs that are directly associated with the 
modifications performed by a carrier as described in Sec. 100.11(a) are 
recoverable. These allowable costs are limited to directly assignable 
and directly allocable costs incurred by the business units whose 
efforts are expended on the implementation of CALEA requirements.