Proposed Rule2021-16463
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
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 Further Notice of Proposed Rulemaking (SFNPRM) seeks further comment on the relative effectiveness, viability, and cost of additional technological solutions to combat contraband phone use in correctional facilities previously identified in the record.
Full Text
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<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Proposed Rules]
[Pages 44681-44683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16463]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[GN Docket No. 13-111; FCC 21-82; FR ID 39501]
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 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 Further Notice
of Proposed Rulemaking (SFNPRM) seeks further comment on the relative
effectiveness, viability, and cost of additional technological
solutions to combat contraband phone use in correctional facilities
previously identified in the record.
DATES: Interested parties may file comments on or before September 13,
2021, and reply comments on or before October 12, 2021.
ADDRESSES: You may submit comments, identified by GN Docket No. 13-111,
by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the Commission's Electronic Comment
Filing System (ECFS): <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> 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.
<bullet> 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.
[[Page 44682]]
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> 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. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
People with Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#f1979292c4c1c5b1979292df969e87"><span class="__cf_email__" data-cfemail="90f6f3f3a5a0a4d0f6f3f3bef7ffe6">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
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#9cd1f9f0f5efeffdb2dff3f2ebfde5dcfaffffb2fbf3ea"><span class="__cf_email__" data-cfemail="de93bbb2b7adadbff09db1b0a9bfa79eb8bdbdf0b9b1a8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Further Notice of Proposed Rulemaking in GN Docket No. 13-111, FCC 21-
82 adopted July 12, 2021 and released July 13, 2020. The full text of
this document, including all Appendices, is available 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" class="__cf_email__" data-cfemail="da9c9999efeaee9abcb9b9f4bdb5ac">[email protected]</a> or calling the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
This proceeding shall continue to be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules (47 CFR 1.1200 through 1.1216). 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 rule Sec.
1.1206(b). In proceedings governed by rule Sec. 1.49(f) 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.
Synopsis
1. In the SFNPRM, the Commission seeks comment on whether there
have been technological, economic, policy, and/or legal developments
sufficient to overcome the variety of challenges presented to the
widespread deployment of these technologies and whether and how the
Commission can further facilitate these technologies through regulatory
next steps. In doing so, the Commission contemplates various approaches
to combatting the use of contraband wireless devices in correctional
facilities that would each have their own projected reporting,
recordkeeping, and other compliance requirements. We cannot quantify
the cost of compliance with any regulatory next steps and do not know
whether small entities will have to hire professionals to comply with
any rules that we ultimately adopt. Below we discuss the projected
reporting, recordkeeping, and other compliance requirements associated
with the various approaches in the SFNPRM to combat contraband wireless
device use in correctional facilities.
2. The Commission contemplates as a potential solution the creation
of ``quiet zones'' in and around correctional facilities where wireless
communications are not authorized such that contraband wireless devices
in correctional facilities would not be able to receive service from a
wireless provider. Quiet zones would require wireless carriers and
solution providers to have appropriate engineering capabilities to
precisely define quiet zones around the borders of correctional
facilities. To understand the cost implications for small and other
entities, we seek comment on the potential costs that could be
associated with the implementation of quiet zones, including the cost
of hardware, software, network integration, engineering, and ongoing
maintenance. The Commission also seeks comment on who should bear the
cost of implementing quiet zones, and the potential alternatives to a
Commission mandate that might encourage implementation.
3. The SFNPRM seeks comments on the options of geolocation-based
denial, also known as geofencing, and a ``network-based solution.'' The
geolocation-based denial would allow for mobile device software and/or
hardware to be used to shut down contraband wireless devices that
violate a perimeter surrounding a correctional facility. A geolocation-
based solution would require adequate engineering to locate and disable
wireless contraband. Relatedly, a ``network-based solution'' would
require commercial mobile radio service (CMRS) licensees to
independently identify and disable contraband wireless devices in
correctional facilities using their own network elements. Therefore,
the Commission seeks comment on whether there have been technological
advancements in carriers' network engineering that might make it more
feasible for entities to implement and comply with network-based
geofencing. If network-based geofencing is selected as the solution for
contraband wireless devices in correctional facilities, then the
engineering required could have associated costs, including the testing
and maintenance necessary to ensure accuracy and ongoing viability. The
Commission's request for comment on additional costs that could be
associated with the implementation of network-based geofencing,
including software and network integration, should provide insight and
allow us to evaluate costs for small and other entities that will be
impacted by any future rules we adopt regarding these two potential
solutions.
4. This SFNPRM also contemplates the option of using beacon
technology to combat the issue of contraband wireless device use in
correctional facilities. The
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Commission seeks comment on the potential advancements in beacon
technology that would allow beacon software to be installed on mobile
devices remotely (e.g., through a software update). If the Commission
is found to have the authority to require entities to install the
software on devices, then this approach could require related
compliance requirements. Relatedly, the Commission seeks comment on how
beacon technology could ensure that authorized users (e.g.,
correctional officers) are still able to use their devices. This
requirement could impose recordkeeping and compliance requirements for
entities such as wireless providers and mobile device manufacturers
that must implement beacon technology via hardware and/or software
changes to mobile devices for all users. We raise inquiries and seek
information on the cost and implementation timing for beacon
technology, specifically as compared to managed access systems (MAS) or
advanced detection, and who should bear these costs. In addition, we
request information on the various types of costs for entities
associated with this type of technology, including hardware, software,
network integration, engineering, ongoing maintenance, etc., which is
germane to our analysis of any regulatory next steps and could impact
the nature and type of recordkeeping, reporting, and compliance
obligations that may result in this proceeding.
5. The Commission also seeks further comment on potential
regulatory steps that might be necessary to ensure that MAS maintains
effectiveness as wireless technology evolves from 2G to widespread 3G/
4G and ultimately 5G deployments. We note that the commenters on the
July 2020 Refresh Public Notification (85 FR 49999, August 17, 2020)
largely agree that MAS Evolved will be even more effective than
existing MAS systems. In this SFNPRM, we seek further comment on steps
the Commission could take to facilitate MAS deployments. Depending on
the comments, it is possible that the Commission could mandate roaming
agreements between wireless carriers and solutions providers in the
corrections context given the vital public safety concerns, which would
impact small entities. It is also possible that the Commission could
implement 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. Lastly, the
Commission could revise the previously streamlined leasing rules in the
correctional facility context to facilitate further Contraband
Interdiction System (CIS) deployments nationwide. Each of these
potential rule changes could require additional recordkeeping and
reporting from entities that seek to deploy MAS Evolved solutions.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2021-16463 Filed 8-12-21; 8:45 am]
BILLING CODE 6712-01-P
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