Rule2022-09203
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
May 3, 2022
Effective
May 3, 2022
Issuing agencies
Federal Communications Commission
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 85 (Tuesday, May 3, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#622103160a1b4c350b0e0e0b030f11220401014c050d14"><span class="__cf_email__" data-cfemail="eead8f9a8697c0b9878282878f839dae888d8dc0898198">[email protected]</span></a>.
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]
BILLING CODE 6712-01-P
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