I 

111TH CONGRESS 

1ST SESSION S. 251 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2009 

Referred to the Committee on Energy and Commerce, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

AN ACT 

To amend the Communications Act of 1934 to permit targeted interference with mobile radio services within prison facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Prisons Commu5 nications Act of 2009’’. 

6 SEC. 2. INTERFERENCE PERMITTED WITHIN CORREC7 TIONAL FACILITIES. 

8 Title III of the Communications Act of 1934 (47 

9 U.S.C. 301 et seq.) is amended by inserting after section 

10 333 the following: 


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1 ‘‘SEC. 333A. JAMMING UNAUTHORIZED WIRELESS DEVICES 

2 IN CORRECTIONAL FACILITIES. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of this Act, after the Commission has promulgated 

5 final regulations under sections 3 and 4 of the Safe Pris6 ons Communications Act of 2009, the Commission may 

7 authorize the supervisory authority of a correctional facil8 ity to operate a jamming system within the correctional 

9 facility to prevent, jam, or otherwise interfere with unau10 thorized wireless communications within the facility by in11 dividuals held in the facility. In order to obtain such au12 thority, a supervisory authority shall file a notice of intent 

13 under subsection (b), file a petition for such authority 

14 under subsection (c), and comply with the requirements 

15 of this section and the regulations under this section. 

16 ‘‘(b) NOTICE OF INTENT PROCEDURE.— 

17 ‘‘(1) FILING WITH THE COMMISSION.—Not less 

18 than 30 days before filing a petition for authority to 

19 operate a jamming system under subsection (c), a 

20 correctional facility supervisory authority shall file 

21 with the Commission a notice of intent to seek such 

22 authority. The notice shall identify the correctional 

23 facility to which the authority will relate and be in 

24 such form, and contain such information, as the 

25 Commission may require. 


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1 ‘‘(2) NOTIFICATION OF PUBLIC SAFETY AGEN2 CIES AND COMMERCIAL MOBILE SERVICE PRO3 VIDERS.—Within 10 days after receiving a notice 

4 under paragraph (1), the Commission shall— 

5 ‘‘(A) notify in writing each public safety 

6 agency and each commercial mobile service pro7 vider serving the area in which the correctional 

8 facility to which the notice of intent relates is 

9 located; and 

10 ‘‘(B) provide the name and address of each 

11 such agency and provider so notified by the 

12 Commission to the supervisory authority that 

13 filed the notice of intent. 

14 ‘‘(3) CONSULTATION AND ACCESS.—Before fil15 ing a petition for jamming authority under this sec16 tion, a supervisory authority— 

17 ‘‘(A) shall consult with the public safety 

18 agencies and commercial mobile service pro19 viders identified by the Commission under para20 graph (2)(B), if such consultation is requested, 

21 to determine— 

22 ‘‘(i) the types of equipment used by 

23 those agencies and providers in the area in 

24 which the correctional facility is located; 


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1 ‘‘(ii) the locations of towers and facili2 ties containing wireless transmission equip3 ment belonging to those agencies and pro4 viders in that area, to the extent those 

5 agencies and providers voluntarily provide 

6 such information; and 

7 ‘‘(iii) the frequencies used by those 

8 agencies and providers in that area; 

9 ‘‘(B) shall provide access, upon request 

10 and in the discretion of the supervisory author11 ity, by those agencies and providers to the outer 

12 perimeter of the correctional facility for the 

13 purpose of taking measurements and con14 ducting testing to determine signal strength 

15 and the potential for interference with their 

16 transmissions or service; and 

17 ‘‘(C) may solicit recommendations from 

18 those agencies and providers on the selection, 

19 installation, and configuration of a jamming 

20 system and jamming devices. 

21 ‘‘(4) EXTENSION OF CONSULTATION PERIOD.— 

22 Upon good cause shown, the Commission may re23 quire a supervisory authority that has filed a notice 

24 of intent under this subsection to provide an addi25 tional period of up to 15 days for the activities deVerDate Nov 24 2008 03:05 Oct 07, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S251.RFH S251

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1 scribed in paragraph (3) before submitting a petition 

2 for jamming authority to the Commission. 

3 ‘‘(c) PETITION PROCEDURE.— 

4 ‘‘(1) IN GENERAL.—After completing the con5 sultation process provided under subsection (b)(3) 

6 (if such consultation was requested), a supervisory 

7 authority may file a petition with the Commission 

8 requesting authority to install and operate a jam9 ming system within a correctional facility under the 

10 supervisory authority’s jurisdiction. 

11 ‘‘(2) FEE.—The Commission may not charge a 

12 filing fee for a petition under this section. 

13 ‘‘(3) NOTIFICATION OF PUBLIC SAFETY AGEN14 CIES AND COMMERCIAL MOBILE SERVICE PRO15 VIDERS.— 

16 ‘‘(A) PUBLIC SAFETY AGENCIES.—Upon 

17 receipt of a petition under paragraph (1), the 

18 Commission shall provide a copy of the petition 

19 to each public safety agency serving the area 

20 that includes the correctional facility to which 

21 the petition applies. 

22 ‘‘(B) CMS PROVIDERS.—Upon receipt of a 

23 petition under paragraph (1), the Commission 

24 shall provide a copy of the petition to each com25 mercial mobile service provider serving the area 


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1 that includes the correctional facility to which 

2 the petition applies. 

3 ‘‘(C) CONTENT OF NOTICE.—The notice 

4 shall include a detailed description of the jam5 ming system and a list of all jamming devices, 

6 including make and model, that the supervisory 

7 authority proposes to use at the correctional fa8 cility. 

9 ‘‘(4) DISPOSITION OF PETITION.— 

10 ‘‘(A) IN GENERAL.—After the Commission 

11 has promulgated final regulations under sec12 tions 3 and 4 of the Safe Prisons Communica13 tions Act of 2009, the Commission shall act on 

14 a petition under this subsection within 60 days 

15 after the date on which the Commission receives 

16 a complete petition. 

17 ‘‘(B) DETERMINATION CONSIDER18 ATIONS.—In determining whether to grant re19 quested jamming authority, the Commission— 

20 ‘‘(i) shall consider, among other fac21 tors it deems appropriate, whether the pro22 posed jamming system would interfere with 

23 emergency or public safety agency commu24 nications and the extent to which the pro25 posed jamming system may cause harmful 


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1 interference to commercial mobile service 

2 communications outside the boundaries of 

3 the correctional facility; 

4 ‘‘(ii) shall consider whether the facility 

5 in question is located in an urban area (as 

6 defined by the Commission for purposes of 

7 this subsection); and 

8 ‘‘(iii) shall address the potential inter9 ference with public safety agency commu10 nications and commercial mobile service 

11 (as defined in section 332(d)(1)) in such 

12 area. 

13 ‘‘(C) PUBLIC COMMENT.—Before making a 

14 determination under this paragraph, the Com15 mission shall allow interested parties to submit 

16 evidence for the record regarding the inter17 ference potential of the jamming system a su18 pervisory authority proposes to use at the cor19 rectional facility. 

20 ‘‘(5) POST-PETITION COORDINATION.— 

21 ‘‘(A) FCC NOTIFICATION.—When the 

22 Commission approves a petition under this sec23 tion, the Commission shall notify each public 

24 safety agency or commercial mobile service proVerDate Nov 24 2008 03:05 Oct 07, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S251.RFH S251

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1 vider serving the area in which the correctional 

2 facility to which the petition relates is located. 

3 ‘‘(B) COORDINATION REQUEST.—When 

4 any such agency or provider is notified by the 

5 Commission under subparagraph (A), it shall 

6 immediately notify the supervisory authority of 

7 the correctional facility if it intends to partici8 pate in the coordination under subparagraph 

9 (C) or the examination under subparagraph 

10 (D). 

11 ‘‘(C) INSTALLATION AND CONFIGURA12 TION.—During the 30-day period beginning on 

13 the date on which the Commission approves a 

14 petition, the correctional facility supervising au15 thority that filed the petition shall, upon re16 quest, coordinate the installation and configura17 tion of the jamming system authorized by the 

18 Commission with any public safety agency or 

19 commercial mobile service provider serving the 

20 area in which the correctional facility is located. 

21 ‘‘(D) INSPECTION.—Except as provided in 

22 subparagraph (E), before commencing the oper23 ation of a jamming system authorized by the 

24 Commission, the correctional facility super25 visory authority that filed the petition shall, 


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1 upon request, provide access to the correctional 

2 facility to any such public safety agency or com3 mercial mobile service provider for the purpose 

4 of examining the installation or configuration of 

5 the jamming system and jamming devices. 

6 ‘‘(E) COMMENCEMENT OF OPERATIONS.— 

7 Unless otherwise directed by the Commission, a 

8 correctional facility supervisory authority au9 thorized by the Commission to operate a jam10 ming system may commence operation of the 

11 system 30 days after the date on which the 

12 Commission approves the petition filed by that 

13 authority. 

14 ‘‘(d) TERMS OF AUTHORIZATION.— 

15 ‘‘(1) TERM.—If the Commission grants a peti16 tion under this section, the authority granted pursu17 ant to that petition shall be in effect for a term 

18 specified by the Commission of not more than 5 

19 years, but shall be renewable by petition. 

20 ‘‘(2) TERMINATION OR SUSPENSION OF AU21 THORITY.— 

22 ‘‘(A) NOTICE FROM PROVIDER.—The Com23 mission shall immediately suspend authorization 

24 granted under this section with respect to a cor25 rectional facility upon receiving written notice 


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1 from a commercial mobile service provider, sup2 ported by affidavit and such documentation as 

3 the Commission may require, stating that use 

4 of a jamming device by or at such correctional 

5 facility is interfering with commercial mobile 

6 service, or is otherwise preventing or jamming 

7 such communications (other than within the 

8 correctional facility). 

9 ‘‘(B) BASIS FOR NOTICE.—In establishing 

10 the requirements for the affidavit in subpara11 graph (A) and the necessary supporting docu12 mentation, the Commission shall require, at a 

13 minimum, that the commercial mobile service 

14 provider perform actual testing and measure15 ments in the area near the correctional facility 

16 and submit the results to the Commission. No17 tice pursuant to subparagraph (A) may not be 

18 predicated exclusively on customer complaints 

19 or trouble reports unsupported by relevant tech20 nical analysis suggesting interference. 

21 ‘‘(C) NOTICE FROM PUBLIC SAFETY LI22 CENSEE.—The Commission shall immediately 

23 suspend an authorization granted under this 

24 section with respect to a correctional facility 

25 upon receiving written notice from a public 


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1 safety agency, supported by affidavit and such 

2 documentation as the Commission may require, 

3 stating that use of a device by or at such cor4 rectional facility is interfering with public safety 

5 agency communications systems or otherwise 

6 preventing or jamming communications on that 

7 system, and describing the nature of the inter8 ference. 

9 ‘‘(D) DEADLINE FOR ACTION ON NO10 TICE.—Within 90 days after receiving notice 

11 under subparagraph (A) or subparagraph (C), 

12 the Commission shall conclude an investigation 

13 to determine whether the jamming device au14 thorized for use at the correctional facility is 

15 causing such interference and, based on its 

16 findings and conclusions, may issue an order re17 instating, modifying, or terminating the author18 ization. 

19 ‘‘(E) NONCOMPLIANT USAGE.—If the 

20 Commission has reason to believe that a correc21 tional facility for which an authorization has 

22 been granted under this section is not in com23 pliance with the regulations under this section, 

24 the Commission shall immediately suspend the 

25 authorization until it can make a determination 


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1 with respect to such compliance after notice and 

2 an opportunity for a hearing. 

3 ‘‘(3) REVOCATION.—The Commission may re4 voke an authorization under this section for willful 

5 or repeated violations, or failure to observe the re6 quirements, of the terms of the authorization or the 

7 regulations promulgated by the Commission under 

8 this section. 

9 ‘‘(4) INTERIM USAGE.—If the Commission initi10 ates a suspension or a revocation proceeding under 

11 this subsection, it shall prohibit use of an authorized 

12 jamming system or device at the correctional facility 

13 during the pendency of any such proceeding. 

14 ‘‘(e) LIMITATIONS ON AUTHORIZATION.— 

15 ‘‘(1) TRANSFER PROHIBITED.—A correctional 

16 facility supervisory authority authorized by the Com17 mission to operate a jamming system may not trans18 fer the ownership or right to use the jamming sys19 tem or associated jamming devices to any third 

20 party for use inside or outside the area of the cor21 rectional facility for which the authorization was 

22 granted. 

23 ‘‘(2) LOCATION; USE BY OTHER PARTIES.—The 

24 Commission shall require any correctional facility su25 pervisory authority to prevent the use of an authorVerDate Nov 24 2008 03:05 Oct 07, 2009 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S251.RFH S251

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1 ized jamming system (including any jamming device 

2 used by the system)— 

3 ‘‘(A) in any location other than the correc4 tional facility where use of the system is au5 thorized; or 

6 ‘‘(B) by any entity other than the correc7 tional facility where use of the jamming system 

8 is authorized. 

9 ‘‘(3) LIMITATIONS ON USE.—The Commission 

10 shall require that any correctional facility super11 visory authority granted authority under this section 

12 to operate a jamming system— 

13 ‘‘(A) utilize only a jamming device— 

14 ‘‘(i) authorized by the Commission; 

15 and 

16 ‘‘(ii) specifically approved by the Com17 mission for the purposes of this section; 

18 ‘‘(B) operate the jamming device at the 

19 lowest possible transmission power necessary to 

20 prevent, jam, or interfere with wireless commu21 nications by within the facility by individuals 

22 held in the facility; 

23 ‘‘(C) operate the device on a directionalized 

24 basis, and utilizing all other reasonable inter25 ference-limiting capabilities, in a manner that 


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1 does not interfere with public safety agency 

2 communications or lawful commercial wireless 

3 communications that originate and terminate 

4 inside or outside the area of the correctional fa5 cility; 

6 ‘‘(D) operate the jamming device only in 

7 the frequencies necessary to prevent, jam, or 

8 interfere with wireless communications within 

9 the correctional facility; 

10 ‘‘(E) have a documented method of con11 trolling custody of such devices and ensure that 

12 any jamming device operated pursuant to the 

13 authority is destroyed upon expiration of the 

14 authority, or at such time as a jamming device 

15 is removed from service for any other reason, 

16 including replacement by another device; 

17 ‘‘(F) have a documented method of in18 specting the jamming system on a quarterly 

19 basis to ensure proper functioning, and a docu20 mented method to limit access to the system to 

21 personnel specifically designated by the correc22 tional facility; 

23 ‘‘(G) install the jamming system in a se24 cure area that is inaccessible to individuals held 

25 in the facility and connect the system to a perVerDate Nov 24 2008 03:05 Oct 07, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S251.RFH S251

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1 manent power supply with back-up power 

2 sources; and 

3 ‘‘(H) have a documented method of sealing 

4 or locking the jamming system so as to prevent 

5 tampering. 

6 ‘‘(4) DESTRUCTION OF UNUSED OR EXPIRED

7 JAMMING DEVICES; NOTIFICATION OF ADDITIONAL

8 JAMMING DEVICE ACQUISITIONS.—Any correctional 

9 facility supervisory authority authorized to operate a 

10 jamming system shall— 

11 ‘‘(A) destroy a jamming device within 60 

12 days after the date on which such authorization 

13 expires unless a petition is pending for renewal 

14 of the authorization; 

15 ‘‘(B) destroy any such jamming device that 

16 is permanently removed from service; 

17 ‘‘(C) certify such destruction to the Com18 mission; and 

19 ‘‘(D) notify the Commission upon the ac20 quisition of any jamming device that replaces a 

21 destroyed device. 

22 ‘‘(f) DATABASE.—The Commission shall maintain an 

23 electronic database containing a copy of each notice of in24 tent and each petition received by it under this section 

25 and the disposition thereof. The Commission shall update 


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1 the database at least monthly and, to the extent consistent 

2 with public safety and welfare, shall make the contents 

3 of the database available upon request to a commercial 

4 mobile service provider or public safety agency. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) COMMERCIAL MOBILE SERVICE PRO7 VIDER.—The term ‘commercial mobile service pro8 vider’ means a person providing commercial mobile 

9 service (as defined in section 332(d)(1)). 

10 ‘‘(2) CORRECTIONAL FACILITY.—In this sub11 section, the term ‘correctional facility’ means a jail, 

12 prison, penitentiary, or other correctional facility. 

13 ‘‘(3) JAMMING DEVICE.—The term ‘jamming 

14 device’ means a radio signal generating device used 

15 as part of a jamming system designed to disrupt, 

16 prevent, interfere with, or jam wireless communica17 tions. 

18 ‘‘(4) JAMMING SYSTEM.—The term ‘jamming 

19 system’ means a system of radio signal generating 

20 and processing equipment and antennas designed to 

21 disrupt, prevent, interfere with, or jam wireless com22 munications within a correctional facility and in23 cludes the components and functionality of the sys24 tem, such as antennas, cabling, and cable elements, 

25 the installation, interconnection, and operation of 


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1 system elements, power levels, and radio frequencies 

2 carried on the cables or fed into antennas, the radi3 ation pattern of such antennas, and the location and 

4 orientation of the antennas. 

5 ‘‘(5) PUBLIC SAFETY AGENCY.—The term ‘pub6 lic safety agency’ has the meaning given that term 

7 in section 3006(j)(1) of the Digital Television Tran8 sition and Public Safety Act of 2005 (47 U.S.C. 309 

9 note). 

10 ‘‘(6) SUPERVISORY AUTHORITY.—The term ‘su11 pervisory authority’ means the Director of the Fed12 eral Bureau of Prisons, the chief executive officer of 

13 a State (or his or her designee), or the person in 

14 charge of a county or local correctional facility not 

15 under the authority of the chief executive officer of 

16 a State.’’. 

17 SEC. 3. FCC RULEMAKING REQUIRED. 

18 Within 180 days after the date of enactment of this 

19 Act, the Federal Communications Commission shall ini20 tiate a rulemaking proceeding and shall promulgate final 

21 regulations governing the use of jamming systems in cor22 rectional facilities under section 333A of the Communica23 tions Act of 1934 (47 U.S.C. 333A). In the proceeding, 

24 the Commission shall— 


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1 (1) solicit and consider the recommendations of 

2 the National Telecommunications and Information 

3 Administration, as well as 1 or more entities with 

4 relevant technical expertise in order to develop 

5 standards and processes for such jamming systems 

6 and jamming devices (as such terms are defined in 

7 that section); and 

8 (2) consider all available technologies capable of 

9 preventing the operation of unauthorized wireless 

10 communications devices in correctional facilities, in11 cluding those devices that may evade detection by 

12 the supervisory authority of such a facility. 

13 SEC. 4. DEVICE CERTIFICATION CRITERIA RULEMAKING. 

14 (a) IN GENERAL.—Within 120 days after the date 

15 of enactment of this Act, the Federal Communications 

16 Commission shall adopt a final rule establishing criteria 

17 for certification for the manufacture, sale, importation, 

18 and interstate shipment of devices that may be used pur19 suant to authorization under section 333A of the Commu20 nications Act of 1934 (47 U.S.C. 333A), notwithstanding 

21 section 302 of such Act (47 U.S.C. 302). In carrying out 

22 the requirements of this subsection, the Commission shall 

23 consider whether such devices can effectively prevent, jam, 

24 or interfere with wireless communications within a correc25 tional facility (as defined in section 333A(g)(2) of that Act 


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1 (47 U.S.C. 333A(g)(2))) without causing harmful inter2 ference with commercial mobile services between points 

3 outside facility boundaries, or public safety agency wire4 less communications services between points inside, pursu5 ant to a public safety agency responding to an incident 

6 in a correctional facility, and outside facility boundaries. 

7 The regulations shall require, at a minimum, that any 

8 such device— 

9 (1) operate at the lowest technically feasible 

10 transmission power that will permit correctional fa11 cility staff to prevent, jam, or interfere with wireless 

12 communications within the geographic boundaries of 

13 a correctional facility by individuals held in the facil14 ity; 

15 (2) be capable of directionalized operation and 

16 limited to approved frequencies; 

17 (3) comply with any other technical standards 

18 deemed necessary or appropriate by the Commission 

19 to ensure that the device does not create interference 

20 to other than the targeted wireless communications; 

21 (4) be marketed and sold only to correctional 

22 facility supervisory authority (as defined in section 

23 333A(g) of the Communications Act of 1934 (47 

24 U.S.C. 333A(g)) authorized by the Commission 


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1 under section 333A) of that Act (47 U.S.C. 333A) 

2 to possess and operate such a device; and 

3 (5) is capable of being shut off from jamming 

4 public safety agency communications within and 

5 around a correctional facility when a public safety 

6 agency is responding to an incident at the facility, 

7 such as a fire, explosion, medical emergency, or oth8 erwise. 

9 (b) TECHNICIAN CREDENTIALING.—As part of the 

10 rulemaking proceeding required by subsection (a), the 

11 Commission shall seek public comment on whether to es12 tablish minimum training, certification, and eligibility re13 quirements for technicians qualified to work on jamming 

14 systems installed and operated by a supervisory authority. 

15 The Commission may establish such training, certification, 

16 and eligibility criteria as part of the final rule adopted 

17 under subsection (a). 

18 (c) CERTIFICATION PROCESS.—The Commission 

19 shall conduct field testing of proposed devices to determine 

20 whether they can operate without causing harmful inter21 ference with commercial mobile service communications 

22 outside the boundaries of such a correctional facility or 

23 public safety agency wireless communications inside, pur24 suant to a public safety entity responding to an incident 

25 in a correctional facility, and outside the boundaries of 


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1 such a correctional facility. The Commission shall conduct 

2 such testing through a public testing process and program. 

3 After the date on which the final rule promulgated under 

4 subsection (a) is published in the Federal Register, the 

5 Commission shall grant or deny an application for certifi6 cation of a device described in subsection (a) within 120 

7 calendar days of receiving an application therefor. 

8 (d) LIST OF DEVICES.—The Commission shall main9 tain a list of all approved devices on its web site including 

10 the make and model of each approved device and its tech11 nical specifications and operating parameters. 

Passed the Senate October 5, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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