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U.S. Department of Justice
Federal Bureau of Investigation
Washington, DC 20535
April 21, 1994
 
Honorable Newt Gingrich
House of Representatives
Washington, DC 20515
 
Dear Congressman Gingrich:
 
I am writing in further response to your March 3rd inquiry on behalf of Mr. George Zimmerlee. Mr. Zimmerlee posed a number of question about the actions of the federal government during the standoff at Waco, Texas.
 
During the law enforcement operation at Waco against the Branch Davidians, the FBI assumed responsibility for bringing this dangerous barricade situation to a resolution. This included setting in place a physical and electronic perimeter around the crisis site to prevent further escalation of the incident.
 
It is essential during an operation of this type to control communications into and out of the crisis site. The Branch Davidians had the means to send and receive communications, and the FBI took steps to deny those communications except to the on-scene FBI negotiators. I want to emphasize that such actions were taken in an attempt to avoid further loss of life and to try to bring the crisis to an early resolution.
 
All electronic operations were conducted in accordance with U.S. law and international agreements. The on-site electronic operations received close scrutiny and were approved by an Assistant United States Attorney at the Waco Command Post. All required statutory and administrative authorizations were received from competent authority, including the National Telecommunications and Information Administration (NTIA), which is the Executive Branch agency responsible for advising the President on telecommunications and information policies and carrying out related functions in accordance with Executive Order 12046. 

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Furthermore, article 133 of the International Telecommunications Convention states: "Members also reserve the right to cut off any other private telecommunications which may appear dangerous to the security of the state or contrary to its laws, to public order or to decency."
 
The Federal Communications Commission was also on the scene at the invitation of the FBI and acted in its capacity to ensure operations were in accordance with U.S. laws and regulations.
 
In summary, the electronic operations at Waco were conducted in accordance with all U.S. laws and international agreements.
 
We hope this will clarify the questions raised by Mr. Zimmerlee.
 
Sincerely yours,
(signature)
John H. Kaul
Legislative Counsel
Office of Public and
Congressional Affairs