[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 251 Reported in Senate (RS)]
Calendar No. 166
111th CONGRESS
1st Session
S. 251
[Report No. 111-79]
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, Mr. DeMint, Mr. Vitter, Mr. Wicker, Mr.
Thune, Mr. Cochran, Ms. Mikulski, Mr. Lieberman, Mr. Begich, Ms.
Klobuchar, Mrs. Feinstein, Mr. Cornyn, Mr. Pryor, and Ms. Murkowski)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
September 24, 2009
Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Safe Prisons Communications
Act of 2009''.</DELETED>
<DELETED>SEC. 2. INTERFERENCE PERMITTED WITHIN PRISONS.</DELETED>
<DELETED> Section 333 of the Communications Act of 1934 (47 U.S.C.
333) is amended--</DELETED>
<DELETED> (1) by inserting ``(a) In General.--'' before ``No
person''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(b) Exception for Prisons.--</DELETED>
<DELETED> ``(1) Waiver.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Term.--A waiver granted under this
subsection shall be for a term not to exceed 10 years,
but shall be renewable by petition.</DELETED>
<DELETED> ``(C) Fee.--The Commission may not charge
a filing fee for a petition under this
paragraph.</DELETED>
<DELETED> ``(2) Notification; database.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) utilize a device--</DELETED>
<DELETED> ``(i) authorized by the
Commission; and</DELETED>
<DELETED> ``(ii) specifically approved by
the Commission for the purpose described in
paragraph (1);</DELETED>
<DELETED> ``(B) operate the device at the lowest
possible transmission power necessary to prevent, jam,
or interfere with wireless communications by inmates;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Suspension; revocation.--</DELETED>
<DELETED> ``(A) Termination or suspension of
waiver.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. DEVICE CERTIFICATION CRITERIA RULEMAKING.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) be capable of directionalized operation;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
Calendar No. 166
111th CONGRESS
1st Session
S. 251
[Report No. 111-79]
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to permit targeted interference
with mobile radio services within prison facilities.
_______________________________________________________________________
September 24, 2009
Reported with an amendment