Sec.  64.2104   Maintaining secure and accurate records.

   (a) A telecommunications carrier shall maintain a secure and accurate record
   of  each  interception of communications or access to call-identifying
   information, made with or without appropriate authorization, in the form of
   single certification.

   (1)  This  certification  must  include,  at  a minimum, the following
   information:

   (i) The telephone number(s) and/or circuit identification numbers involved;

   (ii) The start date and time that the carrier enables the interception of
   communications or access to call identifying information;

   (iii)  The  identity  of  the  law  enforcement officer presenting the
   authorization;

   (iv) The name of the person signing the appropriate legal authorization;

   (v) The type of interception of communications or access to call-identifying
   information (e.g., pen register, trap and trace, Title III, FISA); and

   (vi)  The  name  of  the telecommunications carriers' personnel who is
   responsible for overseeing the interception of communication or access to
   call-identifying  information and who is acting in accordance with the
   carriers' policies established under  Sec. 64.2103.

   (2) This certification must be signed by the individual who is responsible
   for  overseeing  the  interception  of  communications  or  access  to
   call-identifying  information and who is acting in accordance with the
   telecommunications carrier's policies established under  Sec. 64.2103. This
   individual will, by his/her signature, certify that the record is complete
   and accurate.

   (3) This certification must be compiled either contemporaneously with, or
   within a reasonable period of time after the initiation of the interception
   of the communications or access to call-identifying information.

   (4) A telecommunications carrier may satisfy the obligations of paragraph
   (a) of this section by requiring the individual who is responsible for
   overseeing the interception of communication or access to call-identifying
   information and who is acting in accordance with the carriers' policies
   established  under   Sec. 64.2103  to sign the certification and append the
   appropriate legal authorization and any extensions that have been granted.
   This form of certification must at a minimum include all of the information
   listed in paragraph (a) of this section.

   (b) A telecommunications carrier shall maintain the secure and accurate
   records  set forth in paragraph (a) for a reasonable period of time as
   determined by the carrier.

   (c) It is the telecommunications carrier's responsibility to ensure its
   records are complete and accurate.

   (d) Violation of this rule is subject to the penalties of  Sec. 64.2106.

   [ 64 FR 51469 , Sept. 23, 1999, as amended at  64 FR 52245 , Sept. 28, 1999;  66 FR 22448 , May 4, 2001]