[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 251 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                 S. 251

_______________________________________________________________________

                                 AN ACT


 
To amend the Communications Act of 1934 to permit targeted interference 
          with mobile radio services within prison facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Prisons Communications Act of 
2009''.

SEC. 2. INTERFERENCE PERMITTED WITHIN CORRECTIONAL FACILITIES.

    Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) 
is amended by inserting after section 333 the following:

``SEC. 333A. JAMMING UNAUTHORIZED WIRELESS DEVICES IN CORRECTIONAL 
              FACILITIES.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
after the Commission has promulgated final regulations under sections 3 
and 4 of the Safe Prisons Communications Act of 2009, the Commission 
may authorize the supervisory authority of a correctional facility to 
operate a jamming system within the correctional facility to prevent, 
jam, or otherwise interfere with unauthorized wireless communications 
within the facility by individuals held in the facility. In order to 
obtain such authority, a supervisory authority shall file a notice of 
intent under subsection (b), file a petition for such authority under 
subsection (c), and comply with the requirements of this section and 
the regulations under this section.
    ``(b) Notice of Intent Procedure.--
            ``(1) Filing with the commission.--Not less than 30 days 
        before filing a petition for authority to operate a jamming 
        system under subsection (c), a correctional facility 
        supervisory authority shall file with the Commission a notice 
        of intent to seek such authority. The notice shall identify the 
        correctional facility to which the authority will relate and be 
        in such form, and contain such information, as the Commission 
        may require.
            ``(2) Notification of public safety agencies and commercial 
        mobile service providers.--Within 10 days after receiving a 
        notice under paragraph (1), the Commission shall--
                    ``(A) notify in writing each public safety agency 
                and each commercial mobile service provider serving the 
                area in which the correctional facility to which the 
                notice of intent relates is located; and
                    ``(B) provide the name and address of each such 
                agency and provider so notified by the Commission to 
                the supervisory authority that filed the notice of 
                intent.
            ``(3) Consultation and access.--Before filing a petition 
        for jamming authority under this section, a supervisory 
        authority--
                    ``(A) shall consult with the public safety agencies 
                and commercial mobile service providers identified by 
                the Commission under paragraph (2)(B), if such 
                consultation is requested, to determine--
                            ``(i) the types of equipment used by those 
                        agencies and providers in the area in which the 
                        correctional facility is located;
                            ``(ii) the locations of towers and 
                        facilities containing wireless transmission 
                        equipment belonging to those agencies and 
                        providers in that area, to the extent those 
                        agencies and providers voluntarily provide such 
                        information; and
                            ``(iii) the frequencies used by those 
                        agencies and providers in that area;
                    ``(B) shall provide access, upon request and in the 
                discretion of the supervisory authority, by those 
                agencies and providers to the outer perimeter of the 
                correctional facility for the purpose of taking 
                measurements and conducting testing to determine signal 
                strength and the potential for interference with their 
                transmissions or service; and
                    ``(C) may solicit recommendations from those 
                agencies and providers on the selection, installation, 
                and configuration of a jamming system and jamming 
                devices.
            ``(4) Extension of consultation period.--Upon good cause 
        shown, the Commission may require a supervisory authority that 
        has filed a notice of intent under this subsection to provide 
        an additional period of up to 15 days for the activities 
        described in paragraph (3) before submitting a petition for 
        jamming authority to the Commission.
    ``(c) Petition Procedure.--
            ``(1) In general.--After completing the consultation 
        process provided under subsection (b)(3) (if such consultation 
        was requested), a supervisory authority may file a petition 
        with the Commission requesting authority to install and operate 
        a jamming system within a correctional facility under the 
        supervisory authority's jurisdiction.
            ``(2) Fee.--The Commission may not charge a filing fee for 
        a petition under this section.
            ``(3) Notification of public safety agencies and commercial 
        mobile service providers.--
                    ``(A) Public safety agencies.--Upon receipt of a 
                petition under paragraph (1), the Commission shall 
                provide a copy of the petition to each public safety 
                agency serving the area that includes the correctional 
                facility to which the petition applies.
                    ``(B) CMS providers.--Upon receipt of a petition 
                under paragraph (1), the Commission shall provide a 
                copy of the petition to each commercial mobile service 
                provider serving the area that includes the 
                correctional facility to which the petition applies.
                    ``(C) Content of notice.--The notice shall include 
                a detailed description of the jamming system and a list 
                of all jamming devices, including make and model, that 
                the supervisory authority proposes to use at the 
                correctional facility.
            ``(4) Disposition of petition.--
                    ``(A) In general.--After the Commission has 
                promulgated final regulations under sections 3 and 4 of 
                the Safe Prisons Communications Act of 2009, the 
                Commission shall act on a petition under this 
                subsection within 60 days after the date on which the 
                Commission receives a complete petition.
                    ``(B) Determination considerations.--In determining 
                whether to grant requested jamming authority, the 
                Commission--
                            ``(i) shall consider, among other factors 
                        it deems appropriate, whether the proposed 
                        jamming system would interfere with emergency 
                        or public safety agency communications and the 
                        extent to which the proposed jamming system may 
                        cause harmful interference to commercial mobile 
                        service communications outside the boundaries 
                        of the correctional facility;
                            ``(ii) shall consider whether the facility 
                        in question is located in an urban area (as 
                        defined by the Commission for purposes of this 
                        subsection); and
                            ``(iii) shall address the potential 
                        interference with public safety agency 
                        communications and commercial mobile service 
                        (as defined in section 332(d)(1)) in such area.
                    ``(C) Public comment.--Before making a 
                determination under this paragraph, the Commission 
                shall allow interested parties to submit evidence for 
                the record regarding the interference potential of the 
                jamming system a supervisory authority proposes to use 
                at the correctional facility.
            ``(5) Post-petition coordination.--
                    ``(A) FCC notification.--When the Commission 
                approves a petition under this section, the Commission 
                shall notify each public safety agency or commercial 
                mobile service provider serving the area in which the 
                correctional facility to which the petition relates is 
                located.
                    ``(B) Coordination request.--When any such agency 
                or provider is notified by the Commission under 
                subparagraph (A), it shall immediately notify the 
                supervisory authority of the correctional facility if 
                it intends to participate in the coordination under 
                subparagraph (C) or the examination under subparagraph 
                (D).
                    ``(C) Installation and configuration.--During the 
                30-day period beginning on the date on which the 
                Commission approves a petition, the correctional 
                facility supervising authority that filed the petition 
                shall, upon request, coordinate the installation and 
                configuration of the jamming system authorized by the 
                Commission with any public safety agency or commercial 
                mobile service provider serving the area in which the 
                correctional facility is located.
                    ``(D) Inspection.--Except as provided in 
                subparagraph (E), before commencing the operation of a 
                jamming system authorized by the Commission, the 
                correctional facility supervisory authority that filed 
                the petition shall, upon request, provide access to the 
                correctional facility to any such public safety agency 
                or commercial mobile service provider for the purpose 
                of examining the installation or configuration of the 
                jamming system and jamming devices.
                    ``(E)  Commencement of operations.--Unless 
                otherwise directed by the Commission, a correctional 
                facility supervisory authority authorized by the 
                Commission to operate a jamming system may commence 
                operation of the system 30 days after the date on which 
                the Commission approves the petition filed by that 
                authority.
    ``(d) Terms of Authorization.--
            ``(1) Term.--If the Commission grants a petition under this 
        section, the authority granted pursuant to that petition shall 
        be in effect for a term specified by the Commission of not more 
        than 5 years, but shall be renewable by petition.
            ``(2) Termination or suspension of authority.--
                    ``(A) Notice from provider.--The Commission shall 
                immediately suspend authorization granted under this 
                section with respect to a correctional facility upon 
                receiving written notice from a commercial mobile 
                service provider, supported by affidavit and such 
                documentation as the Commission may require, stating 
                that use of a jamming device by or at such correctional 
                facility is interfering with commercial mobile service, 
                or is otherwise preventing or jamming such 
                communications (other than within the correctional 
                facility).
                    ``(B) Basis for notice.--In establishing the 
                requirements for the affidavit in subparagraph (A) and 
                the necessary supporting documentation, the Commission 
                shall require, at a minimum, that the commercial mobile 
                service provider perform actual testing and 
                measurements in the area near the correctional facility 
                and submit the results to the Commission. Notice 
                pursuant to subparagraph (A) may not be predicated 
                exclusively on customer complaints or trouble reports 
                unsupported by relevant technical analysis suggesting 
                interference.
                    ``(C) Notice from public safety licensee.--The 
                Commission shall immediately suspend an authorization 
                granted under this section with respect to a 
                correctional facility upon receiving written notice 
                from a public safety agency, supported by affidavit and 
                such documentation as the Commission may require, 
                stating that use of a device by or at such correctional 
                facility is interfering with public safety agency 
                communications systems or otherwise preventing or 
                jamming communications on that system, and describing 
                the nature of the interference.
                    ``(D) Deadline for action on notice.--Within 90 
                days after receiving notice under subparagraph (A) or 
                subparagraph (C), the Commission shall conclude an 
                investigation to determine whether the jamming device 
                authorized for use at the correctional facility is 
                causing such interference and, based on its findings 
                and conclusions, may issue an order reinstating, 
                modifying, or terminating the authorization.
                    ``(E) Noncompliant usage.--If the Commission has 
                reason to believe that a correctional facility for 
                which an authorization has been granted under this 
                section is not in compliance with the regulations under 
                this section, the Commission shall immediately suspend 
                the authorization until it can make a determination 
                with respect to such compliance after notice and an 
                opportunity for a hearing.
            ``(3) Revocation.--The Commission may revoke an 
        authorization under this section for willful or repeated 
        violations, or failure to observe the requirements, of the 
        terms of the authorization or the regulations promulgated by 
        the Commission under this section.
            ``(4) Interim usage.--If the Commission initiates a 
        suspension or a revocation proceeding under this subsection, it 
        shall prohibit use of an authorized jamming system or device at 
        the correctional facility during the pendency of any such 
        proceeding.
    ``(e) Limitations on Authorization.--
            ``(1) Transfer prohibited.--A correctional facility 
        supervisory authority authorized by the Commission to operate a 
        jamming system may not transfer the ownership or right to use 
        the jamming system or associated jamming devices to any third 
        party for use inside or outside the area of the correctional 
        facility for which the authorization was granted.
            ``(2) Location; use by other parties.--The Commission shall 
        require any correctional facility supervisory authority to 
        prevent the use of an authorized jamming system (including any 
        jamming device used by the system)--
                    ``(A) in any location other than the correctional 
                facility where use of the system is authorized; or
                    ``(B) by any entity other than the correctional 
                facility where use of the jamming system is authorized.
            ``(3) Limitations on use.--The Commission shall require 
        that any correctional facility supervisory authority granted 
        authority under this section to operate a jamming system--
                    ``(A) utilize only a jamming device--
                            ``(i) authorized by the Commission; and
                            ``(ii) specifically approved by the 
                        Commission for the purposes of this section;
                    ``(B) operate the jamming device at the lowest 
                possible transmission power necessary to prevent, jam, 
                or interfere with wireless communications by within the 
                facility by individuals held in the facility;
                    ``(C) operate the device on a directionalized 
                basis, and utilizing all other reasonable interference-
                limiting capabilities, in a manner that does not 
                interfere with public safety agency communications or 
                lawful commercial wireless communications that 
                originate and terminate inside or outside the area of 
                the correctional facility;
                    ``(D) operate the jamming device only in the 
                frequencies necessary to prevent, jam, or interfere 
                with wireless communications within the correctional 
                facility;
                    ``(E) have a documented method of controlling 
                custody of such devices and ensure that any jamming 
                device operated pursuant to the authority is destroyed 
                upon expiration of the authority, or at such time as a 
                jamming device is removed from service for any other 
                reason, including replacement by another device;
                    ``(F) have a documented method of inspecting the 
                jamming system on a quarterly basis to ensure proper 
                functioning, and a documented method to limit access to 
                the system to personnel specifically designated by the 
                correctional facility;
                    ``(G) install the jamming system in a secure area 
                that is inaccessible to individuals held in the 
                facility and connect the system to a permanent power 
                supply with back-up power sources; and
                    ``(H) have a documented method of sealing or 
                locking the jamming system so as to prevent tampering.
            ``(4) Destruction of unused or expired jamming devices; 
        notification of additional jamming device acquisitions.--Any 
        correctional facility supervisory authority authorized to 
        operate a jamming system shall--
                    ``(A) destroy a jamming device within 60 days after 
                the date on which such authorization expires unless a 
                petition is pending for renewal of the authorization;
                    ``(B) destroy any such jamming device that is 
                permanently removed from service;
                    ``(C) certify such destruction to the Commission; 
                and
                    ``(D) notify the Commission upon the acquisition of 
                any jamming device that replaces a destroyed device.
    ``(f) Database.--The Commission shall maintain an electronic 
database containing a copy of each notice of intent and each petition 
received by it under this section and the disposition thereof. The 
Commission shall update the database at least monthly and, to the 
extent consistent with public safety and welfare, shall make the 
contents of the database available upon request to a commercial mobile 
service provider or public safety agency.
    ``(g) Definitions.--In this section:
            ``(1) Commercial mobile service provider.--The term 
        `commercial mobile service provider' means a person providing 
        commercial mobile service (as defined in section 332(d)(1)).
            ``(2) Correctional facility.--In this subsection, the term 
        `correctional facility' means a jail, prison, penitentiary, or 
        other correctional facility.
            ``(3) Jamming device.--The term `jamming device' means a 
        radio signal generating device used as part of a jamming system 
        designed to disrupt, prevent, interfere with, or jam wireless 
        communications.
            ``(4) Jamming system.--The term `jamming system' means a 
        system of radio signal generating and processing equipment and 
        antennas designed to disrupt, prevent, interfere with, or jam 
        wireless communications within a correctional facility and 
        includes the components and functionality of the system, such 
        as antennas, cabling, and cable elements, the installation, 
        interconnection, and operation of system elements, power 
        levels, and radio frequencies carried on the cables or fed into 
        antennas, the radiation pattern of such antennas, and the 
        location and orientation of the antennas.
            ``(5) Public safety agency.--The term `public safety 
        agency' has the meaning given that term in section 3006(j)(1) 
        of the Digital Television Transition and Public Safety Act of 
        2005 (47 U.S.C. 309 note).
            ``(6) Supervisory authority.--The term `supervisory 
        authority' means the Director of the Federal Bureau of Prisons, 
        the chief executive officer of a State (or his or her 
        designee), or the person in charge of a county or local 
        correctional facility not under the authority of the chief 
        executive officer of a State.''.

SEC. 3. FCC RULEMAKING REQUIRED.

    Within 180 days after the date of enactment of this Act, the 
Federal Communications Commission shall initiate a rulemaking 
proceeding and shall promulgate final regulations governing the use of 
jamming systems in correctional facilities under section 333A of the 
Communications Act of 1934 (47 U.S.C. 333A). In the proceeding, the 
Commission shall--
            (1) solicit and consider the recommendations of the 
        National Telecommunications and Information Administration, as 
        well as 1 or more entities with relevant technical expertise in 
        order to develop standards and processes for such jamming 
        systems and jamming devices (as such terms are defined in that 
        section); and
            (2) consider all available technologies capable of 
        preventing the operation of unauthorized wireless 
        communications devices in correctional facilities, including 
        those devices that may evade detection by the supervisory 
        authority of such a facility.

SEC. 4. DEVICE CERTIFICATION CRITERIA RULEMAKING.

    (a) In General.--Within 120 days after the date of enactment of 
this Act, the Federal Communications Commission shall adopt a final 
rule establishing criteria for certification for the manufacture, sale, 
importation, and interstate shipment of devices that may be used 
pursuant to authorization under section 333A of the Communications Act 
of 1934 (47 U.S.C. 333A), notwithstanding section 302 of such Act (47 
U.S.C. 302). In carrying out the requirements of this subsection, the 
Commission shall consider whether such devices can effectively prevent, 
jam, or interfere with wireless communications within a correctional 
facility (as defined in section 333A(g)(2) of that Act (47 U.S.C. 
333A(g)(2))) without causing harmful interference with commercial 
mobile services between points outside facility boundaries, or public 
safety agency wireless communications services between points inside, 
pursuant to a public safety agency responding to an incident in a 
correctional facility, and outside facility boundaries. The regulations 
shall require, at a minimum, that any such device--
            (1) operate at the lowest technically feasible transmission 
        power that will permit correctional facility staff to prevent, 
        jam, or interfere with wireless communications within the 
        geographic boundaries of a correctional facility by individuals 
        held in the facility;
            (2) be capable of directionalized operation and limited to 
        approved frequencies;
            (3) comply with any other technical standards deemed 
        necessary or appropriate by the Commission to ensure that the 
        device does not create interference to other than the targeted 
        wireless communications;
            (4) be marketed and sold only to correctional facility 
        supervisory authority (as defined in section 333A(g) of the 
        Communications Act of 1934 (47 U.S.C. 333A(g)) authorized by 
        the Commission under section 333A) of that Act (47 U.S.C. 333A) 
        to possess and operate such a device; and
            (5) is capable of being shut off from jamming public safety 
        agency communications within and around a correctional facility 
        when a public safety agency is responding to an incident at the 
        facility, such as a fire, explosion, medical emergency, or 
        otherwise.
    (b) Technician Credentialing.--As part of the rulemaking proceeding 
required by subsection (a), the Commission shall seek public comment on 
whether to establish minimum training, certification, and eligibility 
requirements for technicians qualified to work on jamming systems 
installed and operated by a supervisory authority. The Commission may 
establish such training, certification, and eligibility criteria as 
part of the final rule adopted under subsection (a).
    (c) Certification Process.--The Commission shall conduct field 
testing of proposed devices to determine whether they can operate 
without causing harmful interference with commercial mobile service 
communications outside the boundaries of such a correctional facility 
or public safety agency wireless communications inside, pursuant to a 
public safety entity responding to an incident in a correctional 
facility, and outside the boundaries of such a correctional facility. 
The Commission shall conduct such testing through a public testing 
process and program. After the date on which the final rule promulgated 
under subsection (a) is published in the Federal Register, the 
Commission shall grant or deny an application for certification of a 
device described in subsection (a) within 120 calendar days of 
receiving an application therefor.
    (d) List of Devices.--The Commission shall maintain a list of all 
approved devices on its web site including the make and model of each 
approved device and its technical specifications and operating 
parameters.

            Passed the Senate October 5, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                 S. 251

_______________________________________________________________________

                                 AN ACT

To amend the Communications Act of 1934 to permit targeted interference 
          with mobile radio services within prison facilities.