Rule2021-15748
Promoting Technological Solutions To Combat Contraband Wireless Device Use in Correctional Facilities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 13, 2021
Effective
September 13, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) takes further steps to facilitate the deployment and viability of technological solutions used to combat contraband wireless devices in correctional facilities. The Second Report and Order adopts a framework requiring the disabling of contraband wireless devices detected in correctional facilities upon satisfaction of certain criteria, and we address issues involving oversight, wireless provider liability, and treatment of 911 calls. The Second Report and Order further adopts rules requiring advance notice of certain wireless provider network changes to promote and maintain contraband interdiction system effectiveness.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44635-44641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15748]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[GN Docket No. 13-111; FCC 21-82; FR ID 39494]
Promoting Technological Solutions To Combat Contraband Wireless
Device Use in Correctional Facilities
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) takes further steps to facilitate the deployment
and viability of technological solutions used to combat contraband
wireless devices in correctional facilities. The Second Report and
Order adopts a framework requiring the disabling of contraband wireless
devices detected in correctional facilities upon satisfaction of
certain criteria, and we address issues involving oversight, wireless
provider liability, and treatment of 911 calls. The Second Report and
Order further adopts rules requiring advance notice of certain wireless
provider network changes to promote and maintain contraband
interdiction system effectiveness.
DATES: This final rule is effective September 13, 2021, with the
exception of the revisions to Sec. 20.23, which are delayed. The
Commission will publish a document in the Federal Register announcing
the effective date for those revisions.
FOR FURTHER INFORMATION CONTACT: Melissa Conway of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-2887 or
<a href="/cdn-cgi/l/email-protection#246941484d5757450a674b4a53455d644247470a434b52"><span class="__cf_email__" data-cfemail="9cd1f9f0f5efeffdb2dff3f2ebfde5dcfaffffb2fbf3ea">[email protected]</span></a>. For information regarding the Paperwork
Reduction Act of 1995 (PRA) information collection requirements
contained in this document, contact Cathy Williams, Office of Managing
Director, at (202) 418-2918 or <a href="/cdn-cgi/l/email-protection#bffcdecbd7c691e8d6d3d3d6ded2ccffd9dcdc91d8d0c9"><span class="__cf_email__" data-cfemail="f1b290859988dfa6989d9d98909c82b1979292df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order in GN Docket No. 13-111, FCC 21-82 adopted July 12,
2021 and released July 13, 2020. The full text of the Second Report and
Order, including all Appendices, is available
[[Page 44636]]
for inspection and copying during normal business hours in the FCC
Reference Center, 45 L Street NE, Washington, DC 20554, or available
for viewing via the Commission's ECFS website by entering the docket
number, GN Docket No. 13-111. Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format), by sending an email to <a href="/cdn-cgi/l/email-protection#286e6b6b1d181c684e4b4b064f475e"><span class="__cf_email__" data-cfemail="d0969393e5e0e490b6b3b3feb7bfa6">[email protected]</span></a> or calling the Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
The Commission will send a copy of this Second Report and Order in
a report to be sent to Congress and the Government Accountability
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA) requires that an agency
prepare a regulatory flexibility analysis for notice and comment
rulemakings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' Accordingly, the Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA) concerning the possible impact
of the rule changes contained in this Second Report and Order on small
entities. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Further Notice of Proposed Rulemaking (FNPRM)
released in March 2017 in this proceeding (82 FR 22780, May 18, 2017).
The Commission sought written public comment on the proposals in the
FNPRM, including comments on the IRFA. No comments were filed
addressing the IRFA. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
Paperwork Reduction Act
The requirements in Sec. 20.23(b) through (d) include new or
modified collections subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. They will be submitted to the Office of
Management and Budget (OMB) for review under Section 3507(d) of the
PRA. OMB, the general public, and other Federal agencies will be
invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, the Commission
notes that, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought, but did not receive, specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees. The Commission
describes impacts that might affect small businesses, which includes
more businesses with fewer than 25 employees, in the Final Regulatory
Flexibility Analysis.
Congressional Review Act
The Commission will send a copy of this Second Report and Order to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). In addition, the
Commission will send a copy of the Second Report and Order, including
this FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). A copy of the Second Report and Order, and FRFA
(or summaries thereof) will also be published in the Federal Register.
Synopsis
1. The Second Report and Order adopts new or additional reporting
or recordkeeping and compliance obligations for small entities as well
as other applicants and licensees. Small entities may have to hire
attorneys, engineers, consultants, or other professionals in order to
meet the reporting, recordkeeping or compliance obligations in the
Second Report and Order, however, the Commission cannot quantify the
cost of compliance with the requirements. To minimize burdens, we have
adopted processes and procedures where possible to allow direct
interaction between the Designated Correctional Facility Officials
(DCFOs) and the wireless providers and avoided interjecting the
Commission and additional regulations into the process. In our
approach, we sought to provide small and other entities flexible
options such as giving DCFOs and wireless providers the flexibility to
structure the format of the qualifying requests in a way that meets the
unique needs of the parties rather than adopting a standardized form.
We also adopted minimum requirements for information to be included in
a qualifying request to disable a contraband device and allowed for
self-certification to meet the certification requirements. Below we
discuss reporting, recordkeeping, and/or compliance requirements
adopted in the Second Report and Order.
2. Designated Correctional Facility Official Requirements. The
Second Report and Order requires that a DCFO satisfy certain
requirements in order to submit qualifying requests to wireless
providers. Specifically, qualifying disabling requests must be
submitted by a DCFO, which we define as an official of the state,
local, or Federal government with responsibility for oversight of the
relevant facility. In government-run correctional facilities, this
definition requires the DCFO to be, at a minimum, the official with
responsibility for oversight of the relevant facility (e.g., the
warden) or higher ranking official; in privately-run correctional
facilities, the DCFO must be a government official with responsibility
for oversight of the facility's performance through a contract.
3. The Second Report and Order also adopts a process for
certification of DCFOs that will provide certainty to wireless
providers that disabling requests are duly authorized by the relevant
Federal, state, or local government entities. The Commission will
maintain a publicly available list of DCFOs that are authorized to
transmit qualifying disabling requests. Authorized individuals that
wish to be recognized on the Commission's DCFO list must send a letter
to the Commission's Contraband Ombudsperson, signed by the relevant
state attorney general, providing the individual's name, official
government position, and a list of correctional facilities over which
the individual has oversight and management authority.
4. Authorization of CISs. The Second Report and Order establishes a
two-phase authorization process for Contraband Interdiction System
(CIS) applicants seeking to deploy CISs that will provide the requisite
information necessary for DCFOs to submit qualifying requests to
disable contraband devices at qualifying correctional facilities. In
phase one, CIS applicants will submit applications to the Wireless
Telecommunications Bureau (the Bureau) describing their legal and
technical qualifications of the systems. The Bureau will review the
applications and approve--at a system level--those CISs that meet the
requirements. In phase two, CIS applicants will perform on-site testing
of approved CISs at individual qualifying correctional facilities.
After both phases are complete, DCFOs will be authorized to submit
qualifying requests to disable contraband devices using approved CISs
at each approved correctional facility.
5. CIS Certification Process. The Second Report and Order adopts a
CIS certification process for detection systems to be used in
qualifying requests. To obtain CIS certification, a CIS applicant must
submit an application to the Bureau for review and
[[Page 44637]]
approval. The application must demonstrate, at a minimum that: (1) All
radio transmitters used as part of the CIS have appropriate equipment
authorization pursuant to Commission rules; (2) the CIS is designed and
will be configured to locate devices solely within a correctional
facility; (3) the methodology to be used in analyzing data collected by
the CIS is sufficiently robust to ensure that the particular wireless
device is in fact located within a correctional facility, including
specific data analysis benchmarks designed to ensure successful
detection, such as rate of detection of contraband versus non-
contraband devices, relevant sample size (e.g. number of devices
observed and length of observation period); (4) the CIS will secure and
protect all information or data collected as part of its intended use;
and (5) the CIS will not interfere with emergency 911 calls. The
application must also include a description of whether the CIS requires
a spectrum or network access agreement (e.g., a spectrum leasing
arrangement and/or roaming agreement) to be authorized to operate.
Finally, the application must include a proposed test plan for
subsequent site-based testing of each CIS, which must include detailed
descriptions and technical specifications to facilitate Commission
review of whether the system satisfies its legal requirements and
technically functions as anticipated.
6. Site-Based Testing and Self-Certification Requirement. In the
second phase of the CIS authorization process, a CIS operator--which
could be a CIS solutions provider, or a DCFO or other responsible party
that deploys its own CIS at a correctional facility \1\--seeking to use
the CIS to submit qualifying requests for disabling contraband devices
must test a certified CIS at each location and, thereafter, must file a
self-certification to the Bureau confirming that the testing at that
specific correctional facility is complete and successful. The CIS
operator must also serve notice of the testing on each of the wireless
providers holding a spectrum license that includes the county within
which the correctional facility is located and provide a reasonable
opportunity to participate in the tests. Following the testing, and to
be eligible for use in conjunction with qualifying requests for
disabling, the CIS operator must submit a self-certification that: (1)
Identifies the correctional facility where it seeks to deploy; (2)
attests that applicable federal or state criminal statutes prohibit
possession or operation of contraband devices within the correctional
facility (and includes the applicable federal or state criminal
statutory provision); (3) describes the results of on-site tests of the
certified CIS conducted at the correctional facility; (4) attests that
the on-site testing was performed consistent with the approved test
plans for the certified CIS and that the CIS deployment minimizes the
risk of disabling a non-contraband device; (5) identifies whether any
wireless providers participated in the testing, and provides proof that
the wireless providers were given notice regarding the testing and a
reasonable opportunity to participate; and (6) includes proof of any
spectrum and/or network access agreement (e.g., a spectrum leasing
arrangement and/or roaming agreement) required to be authorized to
operate and/or for the system to function effectively. The self-
certification submitted by a CIS operator must be accompanied by an
attestation from the DCFO verifying that all information contained in
the self-certification is true and accurate.
---------------------------------------------------------------------------
\1\ See Appendix A, Final Rules, of the Second Report and Order
(adding definition to Sec. 20.3 of the Commission's rules, 47 CFR
20.3).
---------------------------------------------------------------------------
7. CIS operators must submit self-certifications in accordance with
filing procedures established by the Bureau and those certifications
must also be served via electronic means on all wireless providers
licensed in the geographic area occupied by the correctional facility.
Wireless providers have five business days from the certification
filing date to submit objections to the Bureau and to serve any such
objections on the DCFO and the CIS operator. Absent objections, the
DCFO may submit qualifying requests to wireless providers beginning on
the sixth business day after the certification filing. If an objection
is submitted, the DCFO may not submit qualifying requests until the
Bureau addresses the objection.
8. Records Maintenance. To ensure the integrity and proper
operation of CIS, we require CIS operators to retain records of all
information supporting each request for disabling and the basis for
disabling each device, for at least five years following the relevant
disabling request. CIS operators of systems that have been tested and
approved for use in qualifying requests must also make available all
records upon request from the Bureau.
9. Recertification. In order to ensure the ongoing accuracy and
reliability of a given CIS at a particular facility, at least every
three years after the initial self-certification, CIS operators seeking
to maintain the ability to submit qualifying requests through a DCFO to
disable contraband devices must retest their systems and recertify them
for continued CIS accuracy. Recertifications must comply with the same
rules and filing instructions that apply to the initial self-
certification.
10. Qualifying Requests. We required that qualifying requests to
disable a contraband device include the following material: (1) A
certification that (a) A certified CIS was used to gather the
contraband subscriber and device information populated in the
qualifying request; (b) the certified CIS was used to identify
contraband devices operating in a correctional facility where the CIS
has been tested and self-certified for operational readiness and for
use in qualifying requests, and the identification of contraband
devices occurred within 30 days immediately prior to the date of the
qualifying request submission; (c) the DCFO has reviewed the list of
contraband devices and attests that it is accurate; and (d) it is a
violation of applicable state or federal criminal statutes to possess
or operate a contraband device in the correctional facility; (2) the
name and address of each requesting correctional facility; and (3) a
list of contraband devices with identifiers sufficient to uniquely
describe the devices in question at both the subscription and device
level.
11. Disabling Process and Timeframe for Disabling a Contraband
Device. The Second Report and Order adopts the following process for
disabling contraband devices. Upon receipt of a qualifying request from
a DCFO through a verifiable and secure transmission method, a wireless
provider must treat the request as valid. The wireless provider may
only reject a request if the request fails to meet the Commission-
mandated information for a qualifying request or if there are errors
with respect to the device identifying information that leave the
wireless provider unable to disable the device. Unless a wireless
provider finds these grounds to reject the qualifying request, it must,
within two business days after receipt of a qualifying request: (1)
Disable the device at both the subscriber level and at the device
level; and (2) take reasonable and practical steps to prevent an
identified device from being accessing another wireless provider's
network (e.g., by adding the equipment identifier to the Stolen Phone
Database). A wireless provider must inform the DCFO whether or not the
request has been granted within two business days of receiving the
qualifying request.
12. Reversals. A wireless provider may subsequently reverse a
device disabling if it determines that the device was identified
erroneously as
[[Page 44638]]
contraband. If the wireless provider chooses to reverse a disabling,
however, it must promptly inform the DCFO of the mistakenly identified
device. The Second Report and Order also provides wireless providers
with the option to trigger the involvement of the DCFO in the reviewing
the validity of a device previously identified and disabled as
contraband. If the wireless provider seeks to trigger the DCFO's
involvement, it must provide the DCFO with: (1) The date of the
qualifying request, (2) the identifying information provided for the
device, and (3) any evidence supporting the wireless provider's belief
that the device was erroneously identified. The Second Report and Order
states that, upon receipt of such a request, the DCFO should review the
qualifying request to determine whether the device in question was
erroneously identified and either: (1) Confirm the validity of the
identifying information contained in the qualifying request, or (2)
acknowledge the error and direct the carrier to restore service to the
device. In the event the DCFO directs the wireless provider to reverse
the disabling, the wireless provider must, within two business days,
restore service to the device and reverse any actions taken to prevent
the device from accessing other wireless provider networks (e.g., by
removing the phone from the Stolen Phone Database). In the event the
DCFO does not respond to a request from a wireless provider for review
of a qualifying request within two business days, the wireless provider
may proceed with reversing the disabling action. The Second Report and
Order requires the DCFO to provide notice to the Contraband
Ombudsperson of the number of erroneously disabled devices on a
quarterly basis at the end of any quarter during which a device
disabling was reversed, and directs the Wireless Telecommunications
Bureau to issue a public notice providing additional guidance regarding
the appropriate method for providing such notice.
13. Transmission of the Qualifying Request. DCFOs must transmit a
qualifying request to a wireless provider using a verifiable and secure
transmission method, and a wireless provider must adopt a method, or
utilize an existing method, for receiving secured and verified
qualifying requests. The Second Report and Order directs the Contraband
Ombudsperson to work with wireless providers to develop suitable
methods for securely transmitting a qualifying request.
14. Notification to CIS Operators of Wireless Provider Technical
Changes. Commercial Mobile Radio Service (CMRS) licensees leasing
spectrum to managed access systems (MAS) must provide 90 days advance
notice to MAS operators of the following network changes occurring
within 15 miles of the correctional facility, while permitting modified
notice arrangements through mutual agreement: (1) Adding a new
frequency band to service offerings; (2) deploying a new air interface
technology or changing an existing air interface technology; and/or (3)
adding, relocating, or removing a site. This limited notification
requirement is necessary to deploy MAS effectively. The Second Report
and Order adopts an exception to the 90-day advance notice requirement
for network technical changes within 15 miles of the facility that are
required due to emergency/disaster preparedness, but it requires CMRS
licensees to provide notice of these technical changes immediately
after the exigency. The Second Report and Order also requires CMRS
licensee lessors and MAS operator lessees to negotiate in good faith to
reach an agreement for notification for other, more localized types of
network adjustments not covered bv the major network change notice
requirement. The Second Report and Order further requires CMRS
licensees and MAS operators to negotiate in good faith regarding the
parties' treatment of confidential information contained in
notifications required by rule and/or negotiated between the parties.
List of Subjects in 47 CFR Part 20
Administrative practice and procedure, Common carriers,
Communications, Communications common carriers, Communications
equipment, Environmental impact statements, Radio, Reporting and
recordkeeping requirements, Satellites, Security measures,
Telecommunications, Telephone.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 20 as follows:
PART 20--COMMERCIAL MOBILE SERVICES
0
1. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a), 154(i), 155, 157, 160, 201,
214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309,
309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, and 615c, unless
otherwise noted.
0
2. Amend Sec. 20.3 by adding the definitions of ``CIS Operator,''
``Contraband Interdiction System,'' ``Designated Correctional Facility
Official,'' ``Managed Access System'' in alphabetical order to read as
follows:
Sec. 20.3 Definitions.
* * * * *
CIS Operator. An operator of a CIS at a correctional facility,
whether a CIS solutions provider, or a DCFO or responsible party that
deploys its own CIS at a correctional facility.
* * * * *
Contraband Interdiction System. A Contraband Interdiction System
(CIS) is any system comprised of one or more stations that is used only
at a permanent correctional facility that is authorized to operate such
systems pursuant to this part and that is designed exclusively to
prevent transmissions to or from contraband wireless devices within the
boundaries of the facility and/or to obtain identifying information
from such contraband wireless devices.
Designated Correctional Facility Official. A Designated
Correctional Facility Official (DCFO) is an official of the state,
local, or Federal government responsible for administration and
oversight of the relevant correctional facility where a contraband
wireless device is located.
(1) In government-run correctional facilities, this definition
requires the DCFO to be, at a minimum, the official with responsibility
for oversight of the relevant facility (e.g., the warden) or higher
ranking official.
(2) In privately-run correctional facilities, this definition
requires the DCFO to be a government official with responsibility for
oversight of the facility's performance through contract.
* * * * *
Managed Access System. A Managed Access System (MAS) is a
Contraband Interdiction System whose operations require:
(1) One or more lease agreements with CMRS operators; and
(2) Real-time awareness of wireless provider spectrum use in the
vicinity of the correctional facility where it is deployed.
* * * * *
0
3. Delayed indefinitely, amend Sec. 20.23 by adding paragraphs (b)
through (d) to read as follows:
Sec. 20.23 Contraband wireless devices in correctional facilities.
* * * * *
(b) Contraband Interdiction System (CIS) authorization process. The
[[Page 44639]]
provisions in this section apply to any person seeking certification of
a CIS authorized for use in the submission of qualifying disabling
requests, whether operating a system that requires a license and is
regulated as CMRS or private mobile radio service (PMRS), or operating
a passive system that does not require a license. The Wireless
Telecommunications Bureau (Bureau) will establish, via public notice,
the form and procedure for: CIS operators to file CIS certification
applications, self-certifications, and periodic re-certification; CIS
operators to serve on wireless providers notice of testing and copies
of self-certification; and wireless providers to file objections to
self-certifications, including required service on CIS operators and
DCFOs.
(1) Application requirements. To obtain CIS certification, an
applicant must submit an application to the Bureau for review and
approval that:
(i) Demonstrates that all radio transmitters used as part of the
CIS have appropriate equipment authorizations pursuant to Commission
rules in part 2 of this chapter;
(ii) Demonstrates that the CIS is designed and will be configured
to locate devices solely within a correctional facility;
(iii) Describes the methodology to be used in analyzing data
collected by the CIS and demonstrates that such methodology is
adequately robust to ensure that the particular wireless device is in
fact located within a correctional facility and includes specific data
analysis benchmarks designed to ensure successful detection, such as
rate of detection of contraband versus non-contraband devices and
relevant sample size (e.g. number of devices observed and length of
observation period);
(iv) Demonstrates that the CIS will secure and protect all
information or data collected as part of its intended use;
(v) Demonstrates that the CIS will not interfere with emergency 911
calls;
(vi) Describes whether the CIS requires a spectrum or network
access agreement (e.g., a spectrum leasing arrangement or roaming
agreement) to be authorized to operate; and
(vii) Includes a proposed test plan for subsequent site-based
testing of each CIS, that must include detailed descriptions and
technical specifications to facilitate Commission review of whether the
system satisfies its legal requirements and technically functions as
anticipated.
(2) Marketing and sales. CIS that are certified for use in
qualifying requests for disabling of contraband devices may be marketed
or sold only to correctional facilities or entities that will provide
contraband interdiction services to such facilities.
(3) Site-based testing and self-certification requirements--(i)
Site-based testing. A CIS operator seeking to use the CIS to submit
qualifying requests for disabling must test a certified CIS at each
location where it intends to operate. Thereafter, the CIS operator must
file with the Bureau a self-certification that complies with paragraph
(b)(3)(ii) of this section, confirming that the testing at that
specific correctional facility is complete and successful. 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. Relevant wireless
providers include any wireless provider holding a spectrum license
that:
(A) Authorizes operation on the frequencies on which the CIS seeks
to detect contraband use; and
(B) Authorizes service in the geographic area (e.g., census tract,
county, Partial Economic Area (PEA), Economic Area (EA), Cellular
Market Area (CMA), Regional Economic Area Grouping (REAG)) within which
the correctional facility is located.
(ii) Self-certification. Following the testing, and to be eligible
for use in conjunction with qualifying requests for disabling, a CIS
operator must file a self-certification with the Bureau that:
(A) Identifies the correctional facility where it seeks to deploy;
(B) Attests that applicable Federal or state criminal statutes
prohibit the possession or operation of contraband devices within the
correctional facility (and includes the applicable Federal or state
criminal statutory provision);
(C) Describes the results of on-site tests of the certified CIS
conducted at the correctional facility;
(D) Attests that the on-site testing was performed consistent with
the approved test plans for the certified CIS and that the CIS
deployment minimizes the risk of disabling a non-contraband device;
(E) Identifies whether any relevant wireless providers participated
in the testing, and provides proof that the relevant wireless providers
were given notice regarding the testing and a reasonable opportunity to
participate;
(F) Includes proof of any spectrum and/or network access agreement
(e.g., a spectrum leasing arrangement and/or roaming agreement)
required to be authorized to operate and/or for the system to function
effectively;
(G) Includes proof that the self-certification was served via
electronic means on all relevant wireless providers; and
(H) Includes an attestation from the DCFO verifying that all
information contained in the self-certification is true and accurate.
(I) The self-certification must be filed in accordance with part 1,
subpart F, of this chapter.
(4) Submitting objections. Wireless providers may submit objections
to the Bureau within five business days from the certification filing
date. Any such objections must be served on the DCFO and the CIS
operator.
(5) Recertification. At least every three years after the initial
self-certification, CIS operators seeking to maintain the ability to
submit qualifying requests through a DCFO for contraband device
disabling must retest their systems and recertify them for continued
CIS accuracy. Recertifications must comply with the same rules and
filing instructions that apply to the initial self-certification.
(6) Suspension of CIS eligibility. The Bureau may suspend CIS
certification generally or at a particular facility if subsequent
credible information calls into question a system's reliability.
(7) Records maintenance. To ensure the integrity and proper
operation of CISs, a CIS operator must retain records of all
information supporting each request for disabling and the basis for
disabling each device, including copies of all documents submitted in
the qualifying request, for at least five years following the date of
submission of the relevant disabling request. CIS operators of systems
that have been tested and approved for use in qualifying requests must
make available all records upon request from the Bureau.
(c) Disabling contraband wireless devices. A DCFO may request that
a CMRS licensee disable a contraband wireless device that has been
detected in a correctional facility by a CIS that has been certified in
accordance with paragraph (b) of this section. Absent objections from a
wireless provider, as described under paragraph (b)(4) of this section,
the DCFO may submit a qualifying request to a wireless provider
beginning on the sixth business day after the later of the self-
certification filing or actual service, as described under paragraph
(b)(3)(ii) of this section.
(1) DCFO list. The Commission will maintain a publicly available
list of DCFOs that are authorized to transmit qualifying disabling
requests. Authorized DCFOs that seek to be recognized on the
Commission's DCFO list must send a letter to the Commission's
Contraband Ombudsperson, signed by the relevant
[[Page 44640]]
state attorney general or the relevant Bureau of Prisons Regional
Director and providing:
(i) The individual's name;
(ii) The individual's official government position; and
(iii) A list of correctional facilities over which the individual
has oversight and management authority.
(2) Qualifying request. A qualifying request must be made in
writing, contain the certifications in paragraph (c)(2)(i) of this
section and the device and correctional facility identifying
information in paragraph (c)(2)(ii) of this section, and be signed by
the appropriate DCFO. The DCFO must transmit a qualifying request to a
CMRS licensee using a secure communication means that will provide
certainty regarding the identity of both the sending and receiving
parties. A CMRS licensee must adopt a method, or use an existing
method, for receiving secured and verified qualifying requests.
(i) Certifications. A qualifying request must include the following
certifications by the DCFO:
(A) A CIS that has been certified in accordance with paragraph (b)
of this section was used to gather the contraband subscriber and device
information populated in the qualifying request;
(B) The certified CIS was used to identify contraband wireless
devices operating in a correctional facility where the CIS has been
tested and self-certified for operational readiness and for use in
qualifying requests, and the identification of contraband wireless
devices occurred within 30 days immediately prior to the date of the
qualifying request submission;
(C) The DCFO has reviewed the list of contraband wireless devices
and attests that it is accurate; and
(D) It is a violation of applicable state or Federal criminal
statutes to possess or operate a contraband device in the correctional
facility.
(ii) Device and correctional facility identifying information. The
qualifying request must identify the contraband wireless device to be
disabled and the correctional facility by providing the following
information:
(A) Identifiers sufficient to:
(1) Identify the applicable wireless service provider;
(2) Uniquely describe each of the contraband wireless devices in
question at the subscription level; and
(3) Uniquely describe each of the contraband wireless devices in
question at the device-level;
(B) Name of the correctional facility at which the contraband
wireless device(s) were identified; and
(C) Street address of the correctional facility at which the
contraband wireless device(s) were identified.
(3) Licensee actions upon receipt of a qualifying request. Upon
receiving a request from a DCFO to disable a contraband wireless
device, a licensee providing CMRS service must verify that the request
contains the required information for a qualifying request, as defined
in paragraph (c)(2) of this section.
(i) Disabling upon receipt of a qualifying request and timing. If
the qualifying request contains the required information, and does not
contain an error in the device identifying information preventing the
licensee from being able to disable the device, a licensee must, within
two business days of receipt of the qualifying request, disable the
contraband wireless device from using the wireless provider's network
at both the device and subscriber level and take reasonable and
practical steps to prevent the contraband wireless device from being
used on another wireless provider's network.
(ii) Rejection of a qualifying request and timing. A licensee may
reject a qualifying request within two business days of receipt of a
qualifying request if it does not include the information required for
a qualifying request or, with respect to a relevant device, the request
contains an error in the device-identifying information preventing the
licensee from being able to disable the device.
(iii) Customer outreach. A licensee may immediately disable a
contraband wireless device without any customer outreach, or a licensee
may contact the customer of record through any available means to
notify them that the device will be disabled, but any such notice does
not modify the licensee's obligation to comply with paragraphs
(c)(3)(i) and (ii) of this section.
(iv) Notification to the Designated Correctional Facility Official.
Within two business days of receiving a qualifying request from a DCFO,
a licensee must inform the DCFO whether the request has been granted or
rejected.
(4) Reversals. A licensee may reverse a disabled wireless device if
it determines that the wireless device was identified erroneously as
contraband. The licensee must promptly inform the DCFO of the
erroneously identified wireless device.
(i) DCFO involvement. Prior to reversing a disabling action, a
wireless provider that determines that a device may have been
erroneously identified as contraband may request that the DCFO review
and confirm the information provided in a qualifying request pursuant
to which the device was previously disabled. To trigger DCFO
involvement, the wireless provider must provide the DCFO with:
(A) The date of the qualifying request;
(B) The identifying information provided for the device; and
(C) Any evidence supporting the wireless provider's belief that the
device was erroneously identified.
(ii) DCFO response. Upon receipt of a request from a wireless
provider, the DCFO should review the qualifying request and determine
whether the device in question was erroneously identified and either
confirm the validity of the identifying information contained in the
qualifying request or acknowledge the error and direct the carrier to
restore service to the device.
(iii) Restoration of service. In the event the DCFO directs the
wireless provider to reverse the disabling, the wireless provider must,
within two business days, restore service to the device and reverse any
actions taken to prevent the device from accessing other wireless
provider networks.
(iv) Wireless provider action in absence of timely DCFO response.
In the event the DCFO does not respond to a request from a wireless
provider for review of a qualifying request within two business days,
the wireless provider may proceed with reversing the disabling action.
(v) Notice of reversals. The DCFO must provide notice to the
Contraband Ombudsperson of the number of erroneously disabled devices
on a quarterly basis at the end of any quarter during which a device
disabling was reversed.
(d) Notification to Managed Access System (MAS) operators of
wireless provider technical changes--(1) Notification requirements.
CMRS licensees leasing spectrum to MAS operators must provide 90 days'
advance notice to MAS operators of the following network changes
occurring within 15 miles of the correctional facility, unless parties
modify notification arrangements through mutual agreement:
(i) Adding a new frequency band to service offerings;
(ii) Deploying a new air interface technology or changing an
existing air interface technology; and/or
(iii) Adding, relocating, or removing a site.
(2) Good faith negotiations. CMRS licensee lessors and MAS operator
lessees must negotiate in good faith to reach an agreement for
notification for other types of network adjustments not covered by the
notice requirement set
[[Page 44641]]
forth in paragraph (d)(1) of this section and for the parties'
treatment of confidential information contained in notifications
required pursuant to this section and/or negotiated between the
parties.
(3) Emergency network changes exception. CMRS licensees leasing
spectrum to managed access systems (MAS) operators are not required to
provide 90 days' advance notice to MAS operators of network technical
changes occurring within 15 miles of the correctional facility that are
required due to emergency and disaster preparedness. CMRS licensees
must provide notice of these technical changes immediately after the
exigency.
[FR Doc. 2021-15748 Filed 8-12-21; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 13, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.