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16.2 Subpoenas
GENERAL TERMS AND CONDITIONS /SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 36 OF 52
082505
16.2.1 If a Party receives a subpoena for information concerning an end user the Party knows to
be an end user of the other Party, the receiving Party will refer the subpoena to the
requesting entity with an indication that the other Party is the responsible company.
Provided, however, if the subpoena requests records for a period of time during which the
receiving Party was the end user's service provider, the receiving Party will respond to
any valid request to the extent the receiving party is able to do so; if response requires the
assistance of the other Party, such assistance will be provided by the other Party. Should
the subpoena demand AMA records (call dump) for an CLEC End User, the Party in
receipt will request the issuing authority to amend the order, naming both Parties, and
serve both Parties concurrently. SBC TEXAS shall provide the issuing authority with the
requested data. As specified in Section 16.4.3 below, SBC TEXAS may bill the
appropriate law enforcement agency for these services under its customary practices.
16.3 Law Enforcement Emergencies
16.3.1 If a Party receives a request from a law enforcement agency to implement at its switch a
temporary number change, temporary disconnect, or one-way denial of outbound calls for
an end user of the other Party, the receiving Party will comply so long as it is a valid
emergency request. Neither Party will be held liable for any claims or damages arising
from compliance with such requests, and the Party serving the end user agrees to
indemnify and hold the other Party harmless against any and all such claims.
16.4 Law Enforcement Interface
16.4.1 SBC TEXAS will provide CLEC with a SPOC with whom to interface on a twenty-four (24)
hour, seven (7) day a week basis for situations involving immediate threat to life or at the
request of law enforcement officials. Court orders authorizing surveillance of CLEC
customers provisioned on SBC TEXAS facilities (CLEC Local and ALS Type II, as
hereinafter defined) shall be served on both CLEC and SBC TEXAS. SBC TEXAS shall
provide law enforcement with all necessary assistance, including plant information and
local loop access, to facilitate implementation of such court orders. Once CLEC
implements CALEA solutions in its switches, CLEC will notify SBC and will assume full
responsibility for the implementation of court-ordered surveillance on ALS Type II
customers.
16.4.1.1 As used in this Article, the term ALS Type II shall mean customers connected to
the CLEC network through SBC TEXAS-owned facilities. ALS Type II customers
are located in a building which is connected to an SBC TEXAS Central Office by
an SBC TEXAS-owned cable using customer’s premise equipment connected to
that cable. At the SBC TEXAS Central Office utilizing collocation arrangements,
ALS Type II customer’s circuit(s) are connected to an CLEC fiber-optic facility
which transports traffic to and from a CLEC Central Office.
16.4.2 When the end-user to be tapped, traced, etc. is an CLEC Local or ALS Type II customer
provisioned on SBC TEXAS facilities, SBC TEXAS shall advise the requesting law
enforcement agency to name both CLEC and SBC TEXAS in the court order and serve
both carriers. SBC TEXAS shall adhere to all terms of an applicable court order and,
unless prohibited by the terms of such applicable court order, notify CLEC directly of the
law enforcement agency request within one (1) business day of receiving the request.
SBC TEXAS shall provide law enforcement with all necessary assistance, including plant
information and access to the local loop, to facilitate implementation of such court orders.