[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Proposed Rules]
[Pages 49998-50001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17335]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[GN Docket No. 13-111, DA 20-791, FRS 16977]


Promoting Technological Solutions To Combat Contraband Wireless 
Device Use in Correctional Facilities

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Wireless Telecommunications Bureau 
(Bureau) seeks to refresh the record on the proposals and questions 
raised in the Further Notice of Proposed Rulemaking (Further Notice) in 
GN Docket No. 13-111, FCC 17-25, released on March 24, 2017, and invite 
additional comment on the successes and ongoing challenges of currently 
employed solutions and those under further review and development.

DATES: Interested parties may file comments on or before September 16, 
2020; and reply comments on or before October 1, 2020.

ADDRESSES: You may submit comments, identified by GN Docket No. 13-111, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19.

[[Page 49999]]

See FCC Announces Closure of FCC Headquarters Open Window and Change in 
Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), 
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

FOR FURTHER INFORMATION CONTACT:  Melissa Conway, 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-2887.

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Public 
Notice in Docket No. 13-111, DA 20-791, released July 28, 2020. The 
complete text of the document is available for viewing via the 
Commission's ECFS website by entering the docket number, GN Docket No. 
13-111.

Ex Parte Rules

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must: (1) List all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made; and (2) summarize all data presented and arguments made during 
the presentation.
    If the presentation consisted in whole or in part of the 
presentation of data or arguments already reflected in the presenter's 
written comments, memoranda, or other filings in the proceeding, the 
presenter may provide citations to such data or arguments in his or her 
prior comments, memoranda, or other filings (specifying the relevant 
page and/or paragraph numbers where such data or arguments can be 
found) in lieu of summarizing them in the memorandum. Documents shown 
or given to Commission staff during ex parte meetings are deemed to be 
written ex parte presentations and must be filed consistent with 
section 1.1206(b) of the Commission's rules. In proceedings governed by 
section 1.49(f) of the rules or for which the Commission has made 
available a method of electronic filing, written ex parte presentations 
and memoranda summarizing oral ex parte presentations, and all 
attachments thereto, must be filed through the electronic comment 
filing system available for that proceeding, and must be filed in their 
native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants 
in this proceeding should familiarize themselves with the Commission's 
ex parte rules.
    In the document, the Bureau seeks to refresh the record in this 
proceeding that addresses the serious threat of contraband wireless 
device use by inmates in correctional facilities. Developing a more 
comprehensive and current record will facilitate an evaluation of 
potential next steps necessary to eliminate this challenging public 
safety problem. Through its March 2017 Further Notice (82 FR 22780) and 
Report and Order (R&O), the Commission streamlined the authorization 
process for contraband wireless device interdiction systems in 
correctional facilities by eliminating certain filing requirements and 
providing for immediate approval of lease applications filed to operate 
these systems. In the Further Notice, the Commission sought further 
comment on a process for wireless providers to disable wireless devices 
identified as contraband, on whether to require advanced notice of 
wireless provider network changes to solutions providers to maintain 
system effectiveness, and on the viability of other technological 
solutions.
    Since the release of the R&O and Further Notice, the Commission has 
conducted substantial outreach and encouraged stakeholder cooperation 
in deploying effective technologies. Evolving wireless technologies and 
wireless provider networks have necessitated adjustments in the 
deployment and maintenance of contraband interdiction systems. 
Stakeholders, including wireless providers, contraband device 
interdiction solutions providers, and corrections officials, have 
gained meaningful experience using various tools to combat contraband 
wireless devices. The Bureau's goal is to leverage these experiences to 
better facilitate the nationwide deployment of legal and cost-effective 
contraband interdiction systems. The Bureau encourages commenters to be 
as specific as possible when addressing the below issues.
    First, the Bureau seeks to refresh the record on all aspects of the 
proposed Commission process that would require the disabling of 
contraband wireless devices by wireless providers following 
identification. As contraband wireless device use in correctional 
facilities continues to be a threat to public safety, despite continued 
voluntary efforts to mitigate the problem, would adoption of a rule-
based disabling approach be a more effective, wide-scale solution? The 
Bureau seeks additional comment on the specifics of the proposed 
disabling rules. CTIA, the Wireless Association (CTIA), recently 
reported to the Commission that it has been working successfully, along 
with its members companies, on processes in various states using a 
model court order, and that wireless providers are in fact ceasing 
service to contraband devices pursuant to court orders they have 
obtained. Therefore, the Bureau also seeks additional comment on 
specific successes and failures associated with obtaining and executing 
court orders in the various states where this approach has been 
pursued. How many contraband devices have been disabled pursuant to 
court orders, and in what jurisdictions? Has the process been overly 
burdensome or costly and are there jurisdictions where court orders 
cannot be obtained and why not? CTIA also claims that the approach of 
disabling contraband devices added to the Stolen Phone Database is 
working. The Bureau invites comment from all stakeholders on the 
effectiveness of using this database to disable contraband wireless 
devices and render them unusable across multiple wireless provider 
networks. The Bureau would welcome comment on specific advantages or 
disadvantages associated with this approach.
    Second, the Bureau seeks to refresh the record on requiring 
notification to solutions providers of wireless provider system 
technical changes, recognizing that lack of timely notice of wireless 
provider system upgrades can render contraband interdiction systems 
ineffective. What is the current state of communications between 
wireless providers seeking to upgrade networks and solutions providers 
that must react to network changes? Have increased coordination efforts 
substantially improved the ability of solutions providers to ensure 
effective contraband interdiction system deployments, or is Commission 
action appropriate to facilitate enhanced communications? CTIA 
indicates it has developed a Managed Access System Stakeholder 
Checklist that emphasizes the need for vendors, corrections officials, 
and wireless providers to establish points of contact to enhance 
stakeholder

[[Page 50000]]

communication and coordination on the deployment of future spectrum 
bands. Are stakeholders using the Checklist and taking into 
consideration, in particular, the technical recommendations? If not, 
why not? Are financial considerations a factor? Are there additional 
issues that should be added to the Checklist, and is there any action 
the Commission could take to facilitate its implementation? Would 
further standardization of best practices involving notification of 
network changes be beneficial? If so, what type of notice, and what 
additional best practices should be included? Relatedly, the Bureau 
also seeks comment on the ability of wireless providers to configure 
their networks and make system changes to avoid the need for major 
contraband interdiction system upgrades. If these network 
configurations are achievable, the Bureau seeks comment on whether 
wireless providers would, as a matter of best practices, implement them 
in areas proximate to correctional facilities or, alternatively, 
compensate solutions providers to make contraband interdiction systems 
upgrades required to adjust to wireless provider network technical 
changes that significantly impact contraband interdiction system 
effectiveness. The Bureau understands that this approach has been 
adopted internationally and seeks specific comment on whether it has 
been successful.
    Third, the Bureau invites further comment on other technological 
solutions addressed in the Further Notice, including quiet zones, 
network-based solutions, and beacon technology. The Bureau seeks to 
refresh the record on any developments for these and any other 
technological solutions, and the regulatory steps the Commission should 
take to facilitate the development and deployment of these new 
technologies. The Bureau requests focused comment on the state of 
carrier network solutions, or the concept of ``geofencing'' in the 
contraband wireless device context. The Bureau seeks to update the 
record on whether there have been technical developments making such an 
approach a feasible solution to identifying the location of, and 
ultimately terminating, contraband wireless devices. The Bureau seeks 
comment on whether the Commission should require wireless providers to 
not exceed a specific signal strength in the proximity of a 
correctional facility, or to minimize or remove service-quality signals 
entirely in the proximity of a facility. For example, should the 
Commission require a wireless provider to treat the walls of a 
correctional facility (or some subset of such facilities) the same as 
the edge of the license areas? The Bureau also seeks to refresh the 
record on what network modifications, if any, would be required to 
track and identify contraband devices on carrier networks to a 
sufficient degree of location accuracy, and at what cost. Should the 
Commission require wireless carriers to use existing and future network 
capabilities to accomplish detection and disabling of contraband 
devices? What advances in location technology could enable carriers to 
accurately locate contraband devices in correctional facilities for 
disabling? Are there technical, privacy, legal, or other considerations 
that are relevant to this approach?
    Fourth, the Bureau notes that the evolution of wireless technology 
from 2G to widespread 3G/4G and ultimately 5G deployments requires 
continued managed access system upgrades to maintain long-term 
effectiveness. The Bureau understands that many managed access system 
solutions depend largely on forcing contraband devices from 3G/4G to 2G 
services, which carriers are rapidly phasing out, and current network 
security issues can prevent these systems from capturing calls made 
from 5G phones. In April 2019, CTIA and the Association of State 
Correctional Administrators submitted a Task Force Status Report that 
described next generation managed access system solutions as ``MAS 
Evolved.'' The report recommended that wireless providers establish 
roaming agreements with solutions providers for network security 
reasons to enable newer generation services on managed access system 
networks. The Bureau understands that a key feature of a MAS Evolved 
solution involves use of roaming agreements allowing a MAS Evolved 
system to block calls by preventing authentication on the network, and 
enabling newer generation services on managed access system networks 
where calls are captured without forcing the devices down to 2G.
    The Bureau seeks comment on how this approach can be more 
effective, less complex, easier to manage, and less costly to implement 
when compared to a more traditional managed access system deployment. 
If full roaming partners, can solutions providers leverage their small 
cell deployments to create a virtual fence and enhance the ability to 
identify and block contraband phones? Would this approach lead to a 
greater diversity in types and areas of contraband interdiction system 
deployments? What steps can the Commission take to facilitate the 
widespread implementation of MAS Evolved as a solution? The Bureau 
seeks comment on how the wireless providers are working with vendors to 
promote MAS Evolved and how the Commission can support these efforts. 
Would a standardized template roaming agreement improve the 
effectiveness of MAS deployments and encourage expansion? The Bureau 
seeks focused comment on the status of the development and execution of 
roaming agreements in order to promote MAS Evolved solutions. The 
Bureau requests that commenters be specific regarding how many states 
and how many correctional facilities have been involved in testing or 
deploying MAS Evolved solutions. In addition to the execution of 
roaming agreements, are there other approaches that could be developed 
by the wireless providers and/or the vendors to add features or 
services and help defray the cost of MAS deployments and operations? 
Are there specific approaches or other examples of which the Commission 
should be aware? How can the Commission further support these efforts? 
Are there specific steps the Commission can take to help coordinate 
stakeholder efforts? Are there other voluntary actions that 
stakeholders have taken in order to promote MAS Evolved?
    Fifth, given the development of newer technologies and applications 
for addressing contraband device use, the Bureau seeks comment on 
whether the leasing rules adopted in 2017 remain effective in 
facilitating spectrum use agreements between wireless providers and 
solutions providers. Should the Commission revise these rules or 
implement further streamlining initiatives in its secondary markets 
processes? The Bureau recognizes that, for budgetary reasons, some 
correctional facilities are seeking more mobile solutions with less 
reliance on permanent fixed deployments. Should the Commission amend 
its rules or update its licensing policies/databases to better 
accommodate these newer solutions and if so, how?
    Sixth, the Bureau notes that the Commission has not pursued 
regulatory action on jamming technologies by state or local entities 
given the prohibition against willful or malicious interference in 
section 333 of the Communications Act, as amended. The Bureau 
recognizes that limited testing of jamming technologies has occurred 
with federal oversight, consistent with the statute, and the Commission 
continues to support efforts to obtain more data on this type of 
solution when tested in authorized environments. As a

[[Page 50001]]

substantial number of corrections officials continue to seek a 
``jamming'' solution or its equivalent, the Bureau does seek comment, 
however, on the potential for wireless providers to voluntarily deploy 
base stations in the vicinity of a correctional facility that would, in 
effect, result in the blocking of their own signals in all or part of a 
correctional facility, thereby not resulting in a violation of section 
333. Would such a solution be feasible in certain areas of the country 
and at what cost? Wireless providers presumably have all relevant 
information about the radiofrequency signal environment surrounding a 
correctional facility they serve. Accordingly, would this type of 
wireless provider-driven approach alleviate concerns regarding 
difficulties in coordinating communications with third party solutions 
providers and the associated need for contraband interdiction system 
upgrades?

Federal Communications Commission.
Amy Brett,
Chief of Staff, Competition and Infrastructure Policy Division, 
Wireless Telecommunications Bureau.
[FR Doc. 2020-17335 Filed 8-14-20; 8:45 am]
BILLING CODE 6712-01-P