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

111th CONGRESS
  1st Session
                                 S. 251

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2009

 Mrs. Hutchison (for herself and Mr. DeMint) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
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 PRISONS.

    Section 333 of the Communications Act of 1934 (47 U.S.C. 333) is 
amended--
            (1) by inserting ``(a) In General.--'' before ``No 
        person''; and
            (2) by adding at the end the following:
    ``(b) Exception for Prisons.--
            ``(1) Waiver.--
                    ``(A) In general.--The Director of the Federal 
                Bureau of Prisons or the chief executive officer of a 
                State (or his or her designee) may, by petition, 
                request that the Commission grant a waiver of 
                subsection (a) to permit the installation of devices 
                for the sole purpose of preventing, jamming, or 
                interfering with wireless communications within the 
                geographic boundaries of a specified prison, 
                penitentiary, or correctional facility under his or her 
                jurisdiction.
                    ``(B) Term.--A waiver granted under this subsection 
                shall be for a term not to exceed 10 years, but shall 
                be renewable by petition.
                    ``(C) Fee.--The Commission may not charge a filing 
                fee for a petition under this paragraph.
            ``(2) Notification; database.--
                    ``(A) Notification of carriers.--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 prison, penitentiary, or correctional facility to 
                which the petition applies.
                    ``(B) Database.--The Commission shall maintain an 
                electronic database containing a copy of each such 
                petition received by it and the disposition thereof. 
                The Commission shall update the database at least 
                monthly and shall make the database publicly available 
                on the Commission's Internet website and publish a copy 
                of the database in the Federal Register at least 
                quarterly.
            ``(3) Disposition of petition.--In determining whether to 
        grant a requested waiver, the Commission shall consider, among 
        other factors, whether the grant of the waiver would interfere 
        with emergency or public safety communications. The Commission 
        shall act on a request under this subsection within 60 calendar 
        days after the date on which the Commission receives the 
        petition.
            ``(4) Transfer prohibited.--A prison, penitentiary, or 
        correctional facility that receives a waiver pursuant to this 
        subsection may not transfer the ownership or right to use any 
        device authorized pursuant to the waiver to any third party for 
        use outside the area of the prison, penitentiary, or 
        correctional facility for which the waiver was granted.
            ``(5) Limitations on use.--Within 1 year after the date of 
        enactment of the Safe Prisons Communications Act of 2009, the 
        Commission shall adopt final regulations governing the use of 
        devices authorized by a waiver under this subsection that, at a 
        minimum, require that the prison, penitentiary, or correctional 
        facility--
                    ``(A) utilize a device--
                            ``(i) authorized by the Commission; and
                            ``(ii) specifically approved by the 
                        Commission for the purpose described in 
                        paragraph (1);
                    ``(B) operate the device at the lowest possible 
                transmission power necessary to prevent, jam, or 
                interfere with wireless communications by inmates; and
                    ``(C) operate the device in a manner that does not 
                interfere with wireless communications that originate 
                and terminate outside the area of the prison, 
                penitentiary, or correctional facility, by operating 
                the device on a directionalized basis, by utilizing all 
                other interference-limiting capabilities available to 
                the device, or otherwise.
            ``(6) Suspension; revocation.--
                    ``(A) Termination or suspension of waiver.--
                            ``(i) Notice from provider.--The Commission 
                        shall suspend a waiver granted under this 
                        subsection with respect to a prison, 
                        penitentiary, or 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 device by or at 
                        such prison, penitentiary, or correctional 
                        facility is interfering with commercial mobile 
                        service provided by that provider or is 
                        otherwise preventing or jamming such 
                        communications (other than within the confines 
                        of such prison, penitentiary, or correctional 
                        facility). Within 90 days after receiving such 
                        a notice and documentation, the Commission 
                        shall conclude an investigation to determine 
                        whether the device authorized for use at the 
                        prison, penitentiary, or correctional facility 
                        is causing such interference and shall issue an 
                        order reinstating, modifying, or terminating 
                        the waiver based on its findings and 
                        conclusions.
                            ``(ii) Noncompliant usage.--If the 
                        Commission has reason to believe that a prison, 
                        penitentiary, or correctional facility for 
                        which a waiver has been granted under this 
                        subsection is not in compliance with the 
                        regulations under this subsection, the 
                        Commission shall suspend the waiver until it 
                        can make a determination with respect to such 
                        compliance after notice and an opportunity for 
                        a hearing.
                    ``(B) Revocation.--The Commission may revoke a 
                waiver under this section for willful or repeated 
                violations, or failure to observe the requirements, of 
                the waiver or the regulations promulgated by the 
                Commission under this subsection.
                    ``(C) Interim usage.--If the Commission initiates a 
                suspension or a revocation proceeding under this 
                paragraph, it may prohibit use of the device to which 
                the waiver relates at the prison, penitentiary, or 
                correctional facility for which the waiver was granted 
                during the pendency of any such proceeding.''.

SEC. 3. DEVICE CERTIFICATION CRITERIA RULEMAKING.

    (a) In General.--Not later than 180 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 a waiver under section 333(b) of the 
Communications Act of 1934 (47 U.S.C. 333(b)), notwithstanding section 
302 of such Act (47 U.S.C. 302a). The regulations shall require, at a 
minimum, that any such device--
            (1) operate at the lowest technically feasible transmission 
        power that will permit prison, penitentiary, or correctional 
        staff to prevent, jam, or interfere with wireless 
        communications within the geographic boundaries of a specified 
        prison, penitentiary, or correctional facility;
            (2) be capable of directionalized operation; and
            (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.
    (b) Certification Process.--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 180 calendar days of 
receiving an application therefor.
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