[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 [www.gpo.gov]
[FR Doc No: 2021-15748]


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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.

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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 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.
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    \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).
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    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


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