[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

======================================================================




                 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
----------------------------------------------------------------------------------------------------------------
                                  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.

                                  
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