[Senate Report 111-79]
[From the U.S. Government Publishing Office]
111th Congress
1st Session SENATE Report
111-79
_______________________________________________________________________
Calendar No. 166
SAFE PRISONS COMMUNICATION ACT OF 2009
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 251
September 24, 2009.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri SAM BROWNBACK, Kansas
AMY KLOBUCHAR, Minnesota GEORGE LeMIEUX, Florida
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian Hendricks, Republican Chief Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 166
111th Congress Report
SENATE
1st Session 111-79
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SAFE PRISONS COMMUNICATION ACT OF 2009
_______
September 24, 2009.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 251]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 251) to allow certain entities
that oversee correctional facilities to use wireless
communications jamming systems, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 251, the Safe Prisons Communications Act of
2009, as reported, is to establish a process by which a
supervisory authority of a correctional facility may petition
the Federal Communications Commission (FCC) for permission to
operate commercial wireless jamming equipment in order to
prevent the use of contraband cell phones in a prison.
Background and Needs
In recent years, there has been an increase in the smuggling
and use of contraband cell phones in prisons. For example, in
Texas, the number of cell phones confiscated from prisoners has
doubled over the past two years. In 2008, California prison
officials confiscated about 2,800 cell phones statewide, which
is approximately twice the number confiscated in 2007. As cell
phones get smaller, smuggling and hiding phones has become
easier.
Prison officials fear that inmates can use cell phones to
help orchestrate prison-breaks, conduct illegal activity, and
harass or intimidate former victims. According to the Council
of State Governments Justice Center, escape attempts have been
orchestrated in at least two States through the use of
contraband cell phones, and a witness to criminal activity in
Maryland was killed in an assassination orchestrated by the
suspect in the case. The suspect used a contraband cell phone
to help carry out the crime. In comments filed with the FCC,
the South Carolina Department of Corrections claimed that
inmates are using wireless technology to circumvent prison
security and aid the smuggling of contraband. In addition,
smart phones with camera, texting, Internet, and email
capabilities have increased the security risks associated with
the devices. These devices can be used to transmit pictures
from inside the prison and receive data to further illegal
activity.
To deter contraband cell phones, States have begun to
aggressively pursue smugglers and abettors of inmates and have
sought increased penalties associated with such activities. For
example, smuggling cell phones in Florida and New Jersey has
been made a felony.
States also are stepping up efforts to detect contraband
phones. Correctional officers use techniques, including metal
detectors, pat downs, and x-rays, to search prison employees,
visitors, and inmates. Numerous States such as Florida,
Virginia, California, and New Jersey, have deployed cell phone
sniffing dogs.
Correctional facilities also have explored the use of
wireless detection devices. The technology enables correction
officials to identify and locate cell phones operating in a
prison as well as the associated wireless provider. Law
enforcement also can intercept and monitor wireless
conversations in order to identify and prosecute criminal
activity.
In addition to detection and deterrence measures, some
States, including Texas, South Carolina, Louisiana, and
Maryland, have expressed an interest in exploring the use of
wireless jamming equipment in prisons. The Communications Act
of 1934 (the Communications Act), as amended, however,
prohibits the sale, marketing and use of equipment designed to
intentionally jam wireless communications. Section 333 of the
Act provides that ``[n]o person shall willfully or maliciously
interfere with or cause interference to any radio
communications of any station licensed or authorized by or
under this Act or operated by the United States
Government''.\1\ The Communications Act further prohibits the
manufacture, import, sale, marketing, or use of devices that
are not consistent with this section.\2\ The statute provides
an exception for Federal government agencies\3\ but not for
State agencies.
---------------------------------------------------------------------------
\1\ 47 U.S.C. 333.
\2\ See 47 U.S.C. 302(b).
\3\ See 47 U.S.C. 302(c).
---------------------------------------------------------------------------
In 2005, the Enforcement Bureau, Office Engineering and
Technology, and Wireless Telecommunications Bureau (WTB) issued
a joint public notice to clarify the FCC's ban on the marketing
and use of cell phone jammers.\4\ The notice stated that the
marketing, sale, or operation of jamming equipment is unlawful
and people involved in such activities were subject to fines
and possibly criminal prosecution.
---------------------------------------------------------------------------
\4\ Public Notice, ``Sale or Use of Transmitters Designed to
Prevent, Jam or Interfere with Cell Phone Communications is Prohibited
in the United States,'' No. DA-05-1776, 20 FCC Rcd. 11134 (2005).
---------------------------------------------------------------------------
On November 21, 2008, the South Carolina Department of
Corrections held a demonstration of jamming equipment.
Following the test, other States, including Texas, expressed an
interest in conducting similar demonstrations. The WTB
authorized a demonstration of wireless jamming technology by
the District of Columbia Department of Corrections (DC DOC) on
January 8, 2009. CTIA-The Wireless Association (CTIA) asked the
Commission to stay and reconsider the order alleging that it
violated Section 333 of the Communications Act. CTIA also filed
a writ of mandamus with the U.S. Court of Appeals for the
District of Columbia seeking a reversal or stay of the WTB
order. In response, the DC DOC cancelled the demonstration.
Subsequent requests for authorization of wireless jamming
tests have been filed with the FCC. The FCC has denied the
requests, finding that such actions would violate Sections 302
and 333 of the Communications Act as well as the Commission's
rules.
Summary of Provisions
S. 251, the Safe Prisons Communications Act of 2009, would
amend the Communication Act to authorize the FCC to allow
certain entities in charge of correctional facilities to
operate a wireless jamming system within such correctional
facilities. Within 180 days of enactment, the FCC, with input
from the National Telecommunications and Information
Administration (NTIA) and at least one outside body with
relevant expertise, must promulgate final regulations governing
the procedures for petitioning for use of a wireless jamming
system and for installing and operating such a system in a
correctional facility. The FCC also would establish criteria
for the approval of jamming systems and devices, and conduct
field testing of devices as appropriate before adding a device
to the list of approved jamming systems and devices. The FCC
would complete the device approval rulemaking prior to
considering any petition.
The bill would establish mechanisms for ensuring coordination
between entities seeking authority to operate a jamming system
and public safety agencies and wireless commercial providers
both before and after an entity files a petition with the FCC.
S. 251 would further require the FCC to suspend authority to
operate a jamming system upon notice from a public safety
agency or wireless commercial provider of interference
supported by affidavit. In such an instance, the FCC would be
required to investigate the notice and may reinstate, modify or
terminate the authorization based on its findings. Correctional
authorities may not operate a jamming system or device on an
interim basis.
As part of the FCC's analysis as to whether jamming
technologies may be approved, it is the intent of the Committee
that the FCC consider other technologies capable of addressing
the problem of contraband cell phones, which could achieve
similar results to signal jamming technologies in preventing
the operation of a contraband cell phone, and that would be
reasonably comparable in cost and feasibility of deployment. In
doing so, the Committee does not intend that the FCC impose new
or additional regulatory requirements on such alternative
technologies. It also is intended that, in setting up the
jamming systems for actual use, petitioners coordinate to the
maximum extent reasonably possible with the FCC, potentially
impacted public safety entities, and potentially impacted
commercial mobile service providers, and that the petitioners
continue to coordinate with the aforementioned entities on a
periodic basis to ensure that the jamming devices are
functioning properly and not causing unintended interference.
Lastly, it is the intent of the Committee that in reviewing the
potential use of jamming devices in urban areas as required in
the bill, the FCC should pay particular attention to heavily
populated urban areas and areas in which there are residences
or businesses in close proximity to a particular correctional
facility.
Legislative History
On January 15, 2009, Ranking Member Kay Bailey Hutchison
introduced S. 251, which was referred to the Committee. The
bill is cosponsored by Senators DeMint, Vitter, Wicker, Thune,
Cochran, Murkowski, Mikulski, Lieberman, Begich, Klobuchar,
Feinstein, Cornyn, and Pryor. On July 15, 2009, the Committee
held a hearing on contraband cell phones in correctional
facilities, and the potential impacts of employing cell phone
jamming technologies. The Committee heard testimony on threats
to the public and difficulties that correctional facilities are
facing as a result of contraband cell phones, and the potential
for unintended public safety and commercial wireless
communication disruptions associated with operating wireless
jamming devices.
On August 5, 2009, the Committee met in open executive
session to consider an amendment in the nature of a substitute
offered by Senator Hutchison that made several substantive
changes to the bill as introduced. The Committee adopted the
Hutchison substitute amendment to the bill by voice vote and
ordered the bill reported favorably with the amendment in the
nature of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 2, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 251, the Safe
Prisons Communications Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Leigh
Angres and Susan Willie.
Sincerely,
Douglas W. Elmendorf, Director.
Enclosure.
S. 251--Safe Prisons Communications Act of 2009
Summary: S. 251 would amend the Communications Act of 1934
to authorize certain correctional facilities to operate
technology that would interfere with cell phone signals inside
prison walls (such technology is known as a jamming system).
The bill would require the Federal Communications Commission
(FCC) to develop regulations to authorize the use of such
systems as well as a list of devices that prisons could choose
from if the agency granted authority to install a jamming
system. Under the bill, the FCC would be authorized to revoke a
prison's authority to operate such a system if public safety
authorities or providers of wireless services in the area can
prove that the system is interfering with their communications.
CBO estimates that implementing S. 251 would cost $18
million over the 2010-2014 period, assuming appropriation of
the necessary amounts. We estimate that enacting S. 251 would
not affect direct spending or revenues.
S. 251 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs to state or local governments would be incurred
voluntarily.
Estimated cost to the federal government: The estimated
budgetary impact of S. 251 is shown in the following table. The
costs of this legislation fall within budget functions 376
(commerce and housing credit) and 750 (administration of
justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 0 0 6 7 8 21
Estimated Outlays....................................... 0 0 3 7 8 18
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the start of fiscal year 2010 and
that the necessary amounts will be appropriated for each year.
Federal Communications Commission
S. 251 would require the FCC to develop regulations to
authorize prisons to install jamming systems within prison
walls. The bill would require the FCC to notify both public
safety agencies and commercial providers of cell phone service
of a prison's intent to install the technology, and to keep
those entities informed of progress at several points in the
process. The FCC also would be required to develop criteria to
certify the manufacture, sale, and interstate transport of
jamming technology for use under this program. Correctional
facilities that request authority to install the systems would
be required to use equipment that has received FCC
certification.
Based on information from the FCC, CBO estimates that
implementing S. 251 would cost about $10 million over the 2010-
2014 period, assuming appropriation of the necessary amounts,
to develop and enforce regulations for the program.
Furthermore, under current law, the FCC is authorized to
collect fees from the telecommunications industry to offset its
regulatory program. Therefore, CBO estimates that the net
budgetary impact of S. 251 on the FCC would be insignificant.
Federal Bureau of Prisons
Based on information provided by the Bureau of Prisons
(BOP), CBO assumes that all of the 115 federal prisons would
use the new authority to install jamming systems if permitted
under the new FCC regulations. Information from manufacturers
of those systems indicates that, on average, the one-time cost
for the devices would be about $150,000 per prison, plus an
additional annual cost of $15,000 a year for maintenance and
repair once the device is installed. CBO assumes that jamming
systems would be installed over a three-year period, beginning
in 2012 after the FCC's regulations and field testing are
complete.
In total, CBO estimates that the cost to purchase, set up,
and service jamming systems at all federal prisons would be
about $18 million over the 2012-2014 period. Additional amounts
would be required after 2014 for routine maintenance and
repair.
Intergovernmental and private-sector impact: S. 251
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would allow states and those in
charge of local prisons to apply to the FCC for authorization
to install jamming systems. Any costs to state or local
governments would be incurred voluntarily.
Estimate prepared by: Federal Costs: Leigh Angres (BOP),
Susan Willie (FCC); Impact on State, Local, and Tribal
Governments: Elizabeth Cove Delisle; Impact on the Private
Sector: Marin Randall.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 251 would establish a procedure by which certain entities
that oversee or manage correctional facilities could petition
the FCC for permission to use wireless jamming equipment. The
persons subject to the regulations the FCC implements under S.
251 are those entities seeking authorization to use jamming
equipment, the manufacturers, retailers, and marketers of such
equipment, and public safety agencies and commercial wireless
providers near correctional facilities where jamming equipment
is to be used.
ECONOMIC IMPACT
S. 251 would not have an adverse impact on the nation's
economy.
PRIVACY
The reported bill would have no impact on the personal
privacy of U.S. citizens.
PAPERWORK
The reported bill should not significantly increase paperwork
requirements for individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
congressionally directed spending items are contained in the
bill, as reported.
Section-by-Section Analysis
Section 1. Short title
This section would provide that the legislation may be cited
as the ``Safe Prisons Communications Act of 2009''.
Section 2. Interference permitted within correctional facilities
Section 2 would add a new Section 333A to the Communications
Act, under which the FCC may authorize the Director of the
Federal Bureau of Prisons, the chief executive officer of a
State or his or her designee, or a person in charge of a county
or local correctional facility not under State authority to
operate a wireless jamming system within a correctional
facility.
The section would establish the following procedures for
obtaining such authority. At least 30 days prior to filing a
petition to operate a jamming system, the prospective
petitioner must file notice with the FCC identifying the
facility and containing such information as the FCC requires.
The Commission then must provide written notice to public
safety agencies and commercial wireless providers in the area
of the facility. The prospective petitioner must consult with
the agencies and providers, upon their request, to determine
the types of equipment, facilities and frequencies used by such
agencies and providers. The prospective petitioner, upon
request, shall provide access to the outside of the
correctional facility for the purpose of testing the potential
interference and may solicit recommendations from such agencies
and providers regarding the selection and operation of the
jamming system. The FCC may delay the filing of a petition for
an additional 15 days to facilitate such coordination.
After completing these requirements, a petition requesting
authority to operate a jamming system may be filed with the
FCC. Upon receipt, the FCC must notify public service agencies
and wireless providers near the correctional facility, allow
public comment, and act on the petition within 60 days of
receipt of the petition. In considering whether to grant the
petition, the Commission shall consider whether emergency and
public safety and commercial wireless communication would
experience interference, address any such potential
interference, and consider whether the facility is located in
an urban area. Authority granted pursuant to a petition shall
be for a term of no more than five years, but may be renewed
upon request. Post approval, public safety agencies and
commercial providers, upon request, may coordinate with the
petitioner on the installation and configuration of the jamming
system and access the correctional facility to inspect the
system prior to its commencing operation.
The section would further provide that the FCC may revoke an
authorization for willful or repeated violations or for failure
to observe the requirements or terms of the authorization or
regulations promulgated by the Commission. In addition, the FCC
shall suspend an authorization if a public safety agency or
commercial wireless provider notifies the Commission that the
jamming system is causing interference and provides an
affidavit in support. Commercial wireless providers must
support an affidavit with actual testing and measurements near
the correctional facility. The FCC shall conduct and conclude
an investigation within 90 days of receipt of a notice and may
reinstate, modify or terminate the authorization based on its
findings.
The section would also set forth restrictions on the use of
jamming equipment, including prohibitions on the transfer of
equipment, limits on the type, operation, and location of
equipment, and controls over custody, inspection and
destruction of equipment. The FCC must maintain an electronic
database of all notices and petitions filed by supervisory
authorities of correctional facilities, which it shall make
available to public safety agencies and commercial wireless
providers on request. Finally, the section defines a number of
terms used in the bill.
Section 3. FCC rulemaking required
Section 3 would require the FCC to promulgate, within 180
days of enactment, final regulations governing the use of
wireless jamming systems in correctional facilities. In the
proceeding, the FCC must solicit and consider recommendations
from the NTIA and one or more relevant expert entities. The FCC
also must consider all available technologies capable of
preventing the operation of unauthorized wireless
communications devices in correctional facilities.
Section 4. Device certification criteria rulemaking
The section would require the FCC to adopt a final rule
within 120 days of enactment establishing the criteria for the
manufacture, sale, importation, and interstate shipment of
jamming devices for use pursuant to Section 333A. The FCC shall
consider whether such devices can effectively jam wireless
communications in a correctional facility without causing
harmful interference to public safety and commercial wireless
communications. At a minimum, the regulations shall require
devices to operate at the lowest technically feasible
transmission power, be capable of directionalized operation, be
marketed and sold only to authorized entities, be capable of
being shut off from jamming public safety communications within
a facility, and limited to approved frequencies.
The section would further require the FCC to seek public
comment on whether to establish minimum training,
certification, and eligibility requirements for technicians
working on jamming systems and authorize the FCC to establish
rules if appropriate. The FCC must conduct public field testing
of proposed jamming devices to determine whether they will
cause interference to public safety and commercial wireless
communications. After issuing a final rule, the Commission must
grant or deny an application for certification of a device
within 120 days of receipt and maintain a list of all approved
devices on its website.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COMMUNICATIONS ACT OF 1934
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
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.