[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Rules and Regulations]
[Pages 26139-26141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09203]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[GN Docket No. 13-111; FCC 21-82; FR ID 84137]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved the information collection 
requirements under OMB Control Number 3060-1299 associated with the 
Commission's rules adopted in the Second Report and Order, FCC 21-82, 
governing the disabling of contraband wireless devices detected in 
correctional facilities upon satisfaction of certain criteria, and the 
advance notice of certain wireless provider network changes to promote 
and maintain contraband interdiction system effectiveness, and that 
compliance with

[[Page 26140]]

these rules is now required. This document is consistent with the 
Second Report and Order, which states that the Commission will publish 
a document in the Federal Register announcing the effective date for 
these revised rule sections and revise the rules accordingly.

DATES: Instruction 3 amending 47 CFR 20.23 by adding paragraphs (b) 
through (d), in the final rule published at 86 FR 44635 on August 13, 
2021, is effective May 3, 2022.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, Office of the Managing 
Director, Federal Communications Commission, at (202) 418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements in 47 CFR 20.23 on February 3, 
2022. This rule section was adopted in the Second Report and Order, FCC 
21-82. The Commission publishes this document as an announcement of the 
immediate effective date for these revised rules.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received final 
OMB approval on February 3, 2022, for the information collection 
requirements contained in 47 CFR 20.23. Under 5 CFR part 1320, an 
agency may not conduct or sponsor a collection of information unless it 
displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number for the information collection requirements in 47 CFR 
20.23 is 3060-1299.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1299.
    OMB Approval Date: February 3, 2022.
    OMB Expiration Date: February 28, 2025.
    Title: Section 20.23(b)(1), (3)-(5), (7); (c)(1)-(2), (3), 
(3)(iii)-(iv), (4)(i)-(ii), (v); and (d), Contraband wireless devices 
in correctional facilities.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, and state, 
local or tribal governments.
    Estimated Number of Respondents and Responses: 531 respondents and 
16,389 responses.
    Estimated Time per Response: 1 hour-10 hours.
    Frequency of Response: One-time application and self-certification 
response, one-time DCFO authorization request response, on occasion 
qualifying request response, on occasion reversal response, 
recordkeeping requirement, third party notification requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for the currently approved information collection 
is contained in sections 1, 2, 4(i), 4(j), 301, 302, 303, 307, 308, 
309, 310, and 332 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 152, 154(i), 154(j), 301, 302a, 303, 307, 308, 309, 310, 
and 332.
    Estimated Total Annual Burden: 142,568 hours.
    Total Annual Cost: No costs.
    Needs and Uses: On July 13, 2021, the Commission released a Second 
Report and Order and Second Further Notice of Proposed Rulemaking, 
Promoting Technological Solutions to Combat Contraband Wireless Devices 
in Correctional Facilities, GN Docket No. 13-111, in which the 
Commission took further steps to facilitate the deployment and 
viability of technological solutions used to combat contraband wireless 
devices in correctional facilities. In the Second Report and Order, the 
Commission adopted a framework requiring the disabling of contraband 
wireless devices detected in correctional facilities upon satisfaction 
of certain criteria. The Commission further addressed issues involving 
oversight, wireless provider liability, and treatment of 911 calls. 
Finally, the Commission adopted rules requiring advance notice of 
certain wireless provider network changes to promote and maintain 
contraband interdiction system effectiveness.
    In establishing rules requiring wireless providers to disable 
contraband wireless devices in correctional facilities and adopting a 
framework to enable designated correctional facility officials (DCFOs) 
relying on an authorized Contraband Interdiction System (CIS) to submit 
qualifying requests to wireless providers to disable contraband 
wireless devices in qualifying correctional facilities, the Commission 
found that a rules-based process will provide a valuable additional 
tool for departments of corrections to address contraband wireless 
device use. The framework includes a two-phase authorization process: 
(1) CIS applicants will submit applications to the Wireless 
Telecommunications Bureau (Bureau) describing the legal and technical 
qualifications of the systems; and (2) CIS applicants will perform on-
site testing of approved CISs at individual correctional facilities and 
file a self-certification with the Commission. After both phases are 
complete, DCFOs will be authorized to submit qualifying requests to 
wireless providers to disable contraband devices using approved CISs at 
each correctional facility. In addition, the Commission adopted rules 
requiring wireless providers to notify certain types of CIS operators 
of major technical changes to ensure that CIS effectiveness is 
maintained. The Commission found that these rules will provide law 
enforcement with the tools necessary to disable contraband wireless 
devices, which, in turn, will help combat the serious threats posed by 
the illegal use of such devices.
    The new information collection in 47 CFR 20.23(b)(1) regarding the 
application to obtain new CIS certification will be used by the Bureau 
to determine whether to certify a system and ensure that the systems 
are designed to support operational readiness and minimize the risk of 
disabling a non-contraband device, and ensure, to the greatest extent 
possible, that only devices that are in fact contraband will be 
identified for disabling. Bureau certification will also enable 
targeted industry review of solutions by allowing interested 
stakeholders to provide feedback on the application for certification, 
including the proposed test plan.
    The new collections in 47 CFR 20.23(b)(3) include the requirement 
that the CIS operator must file with the Bureau a self-certification 
that complies with paragraph (b)(3)(ii) of section 20.23, confirming 
that the testing at that specific correctional facility is complete and 
successful, and the CIS operator must serve notice of the testing on 
all relevant wireless providers prior to testing and provide such 
wireless providers a reasonable opportunity to participate in the 
tests. Self-certification will help the Bureau to ensure that 
qualifying requests identify contraband wireless devices accurately and 
in accordance with legal requirements. In addition to being used by the 
Bureau, the self-certification will be relied upon by the DCFO in 
conjunction with qualifying requests for disabling at a particular 
correctional facility. The serving of notice to the wireless providers 
will give them awareness and an opportunity to participate in the 
process.

[[Page 26141]]

    The new information collections in 47 CFR 20.23(b)(4) afford 
wireless providers an opportunity to object to the certification filing 
made after individual site-testing is complete, while requiring 
objections to be served on the DCFO and the CIS operator. Section 
20.23(b)(5) requires that CIS operators retest and recertify their 
systems at least every three years and comply with the same 
requirements as for initial self-certification. This requirement will 
enable the Bureau to ensure the ongoing accuracy and reliability of a 
given CIS at a particular facility. Section 20.23(b)(7) requires that a 
CIS operator retain records for at least five years and provide them 
upon request to the Bureau, which will support the Bureau's efforts to 
identify issues with CIS operations, resolve interference issues, and 
resolve complaints related to misidentification of contraband devices.
    The new collections in 47 CFR 20.23(c)(1)-(2) include the 
requirement that individuals that seek to be recognized on the 
Commission's DCFO list must send a letter to the Contraband 
Ombudsperson in order for the Commission to approve that person for the 
qualified DCFO list and provide certainty to wireless providers that 
disabling requests are made by duly authorized individuals. Qualifying 
requests that include the required information will be used by wireless 
carriers to prevent use of contraband devices on their network and on 
other wireless provider networks.
    The new collections in 47 CFR 20.23(c)(3) and (c)(3)(iii)-(iv) 
provide that, upon receiving a disabling request from a DCFO, the 
wireless provider must verify the request, may conduct customer 
outreach, either reject or grant the request and must notify the DCFO 
whether it is accepting or rejecting the request. This process ensures 
that a wireless provider responds to a DCFO within a reasonable 
timeframe--while giving the provider an opportunity to determine if 
there is an error--and to give the DCFO time to respond quickly if the 
request has been rejected. The wireless provider may contact the 
customer of record to notify them of the disabling and involve them in 
the process.
    The new collections in 47 CFR 20.23(c)(4) provide that a wireless 
provider may reverse a disabled device where it determines that the 
device was erroneously identified as contraband, and the wireless 
provider must notify the DCFO of the reversal. The wireless provider 
may choose to involve the DCFO in the review and reversal process. The 
DCFO must also provide notice to the Contraband Ombudsperson of the 
number of erroneously disabled devices. This process ensures the 
integrity of the contraband device disabling process by giving the 
wireless provider the opportunity to reverse a disabled device--with 
the ability to extend review to the DCFO--and by creating safeguards to 
make sure that the process is efficient and reliable.
    The new collections in 47 CFR 20.23(d) regarding notification from 
CMRS licensees to MAS operators of technical changes to their network 
are required so that MAS operators are given sufficient time to make 
necessary adjustments to maintain the effectiveness of their 
interdiction systems. In order to ensure that issues regarding 
notification to solutions providers of more frequent, localized 
wireless provider network changes are appropriately considered, CMRS 
licensees and MAS operators must negotiate in good faith to reach an 
agreement for notification for those types of network adjustments not 
covered by the notice requirement. CMRS licensees must provide notice 
of technical changes associated with an emergency immediately after the 
exigency to ensure that MAS operators continue to be notified of 
network changes that could impact MAS effectiveness.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-09203 Filed 5-2-22; 8:45 am]
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