II 

Calendar No. 166 

111TH CONGRESS 

1ST SESSION S. 251 

[Report No. 111–79] 

To amend the Communications Act of 1934 to permit targeted interference 

with mobile radio services within prison facilities. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2009 

Mrs. HUTCHISON (for herself, Mr. DEMINT, Mr. VITTER, Mr. WICKER, Mr. 

THUNE, Mr. COCHRAN, Ms. MIKULSKI, Mr. LIEBERMAN, Mr. BEGICH, 

Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. CORNYN, Mr. PRYOR, and Ms. 

MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

SEPTEMBER 24, 2009 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

A BILL 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safe Prisons Commu3 nications Act of 2009’’. 

4 SEC. 2. INTERFERENCE PERMITTED WITHIN PRISONS. 

5 Section 333 of the Communications Act of 1934 (47 

6 U.S.C. 333) is amended— 

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

8 ‘‘No person’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(b) EXCEPTION FOR PRISONS.— 

11 ‘‘(1) Waiver.— 

12 ‘‘(A) IN GENERAL.—The Director of the 

13 Federal Bureau of Prisons or the chief execu14 tive officer of a State (or his or her designee) 

15 may, by petition, request that the Commission 

16 grant a waiver of subsection (a) to permit the 

17 installation of devices for the sole purpose of 

18 preventing, jamming, or interfering with wire19 less communications within the geographic 

20 boundaries of a specified prison, penitentiary, 

21 or correctional facility under his or her jurisdic22 tion. 

23 ‘‘(B) TERM.—A waiver granted under this 

24 subsection shall be for a term not to exceed 10 

25 years, but shall be renewable by petition. 


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1 ‘‘(C) FEE.—The Commission may not 

2 charge a filing fee for a petition under this 

3 paragraph. 

4 ‘‘(2) NOTIFICATION; DATABASE.— 

5 ‘‘(A) NOTIFICATION OF CARRIERS.—Upon 

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

7 Commission shall provide a copy of the petition 

8 to each commercial mobile service provider serv9 ing the area that includes the prison, peniten10 tiary, or correctional facility to which the peti11 tion applies. 

12 ‘‘(B) DATABASE.—The Commission shall 

13 maintain an electronic database containing a 

14 copy of each such petition received by it and the 

15 disposition thereof. The Commission shall up16 date the database at least monthly and shall 

17 make the database publicly available on the 

18 Commission’s Internet website and publish a 

19 copy of the database in the Federal Register at 

20 least quarterly. 

21 ‘‘(3) DISPOSITION OF PETITION.—In deter22 mining whether to grant a requested waiver, the 

23 Commission shall consider, among other factors, 

24 whether the grant of the waiver would interfere with 

25 emergency or public safety communications. The 


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1 Commission shall act on a request under this sub2 section within 60 calendar days after the date on 

3 which the Commission receives the petition. 

4 ‘‘(4) TRANSFER PROHIBITED.—A prison, peni5 tentiary, or correctional facility that receives a waiv6 er pursuant to this subsection may not transfer the 

7 ownership or right to use any device authorized pur8 suant to the waiver to any third party for use out9 side the area of the prison, penitentiary, or correc10 tional facility for which the waiver was granted. 

11 ‘‘(5) LIMITATIONS ON USE.—Within 1 year 

12 after the date of enactment of the Safe Prisons 

13 Communications Act of 2009, the Commission shall 

14 adopt final regulations governing the use of devices 

15 authorized by a waiver under this subsection that, at 

16 a minimum, require that the prison, penitentiary, or 

17 correctional facility— 

18 ‘‘(A) utilize a device— 

19 ‘‘(i) authorized by the Commission; 

20 and 

21 ‘‘(ii) specifically approved by the Com22 mission for the purpose described in para23 graph (1); 

24 ‘‘(B) operate the device at the lowest pos25 sible transmission power necessary to prevent, 


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1 jam, or interfere with wireless communications 

2 by inmates; and 

3 ‘‘(C) operate the device in a manner that 

4 does not interfere with wireless communications 

5 that originate and terminate outside the area of 

6 the prison, penitentiary, or correctional facility, 

7 by operating the device on a directionalized 

8 basis, by utilizing all other interference-limiting 

9 capabilities available to the device, or otherwise. 

10 ‘‘(6) SUSPENSION; REVOCATION.— 

11 ‘‘(A) TERMINATION OR SUSPENSION OF

12 WAIVER.— 

13 ‘‘(i) NOTICE FROM PROVIDER.—The 

14 Commission shall suspend a waiver grant15 ed under this subsection with respect to a 

16 prison, penitentiary, or correctional facility 

17 upon receiving written notice from a com18 mercial mobile service provider, supported 

19 by affidavit and such documentation as the 

20 Commission may require, stating that use 

21 of a device by or at such prison, peniten22 tiary, or correctional facility is interfering 

23 with commercial mobile service provided by 

24 that provider or is otherwise preventing or 

25 jamming such communications (other than 


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1 within the confines of such prison, peniten2 tiary, or correctional facility). Within 90 

3 days after receiving such a notice and doc4 umentation, the Commission shall conclude 

5 an investigation to determine whether the 

6 device authorized for use at the prison, 

7 penitentiary, or correctional facility is 

8 causing such interference and shall issue 

9 an order reinstating, modifying, or termi10 nating the waiver based on its findings and 

11 conclusions. 

12 ‘‘(ii) NONCOMPLIANT USAGE.—If the 

13 Commission has reason to believe that a 

14 prison, penitentiary, or correctional facility 

15 for which a waiver has been granted under 

16 this subsection is not in compliance with 

17 the regulations under this subsection, the 

18 Commission shall suspend the waiver until 

19 it can make a determination with respect 

20 to such compliance after notice and an op21 portunity for a hearing. 

22 ‘‘(B) REVOCATION.—The Commission may 

23 revoke a waiver under this section for willful or 

24 repeated violations, or failure to observe the re25 quirements, of the waiver or the regulations 


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1 promulgated by the Commission under this sub2 section. 

3 ‘‘(C) INTERIM USAGE.—If the Commission 

4 initiates a suspension or a revocation pro5 ceeding under this paragraph, it may prohibit 

6 use of the device to which the waiver relates at 

7 the prison, penitentiary, or correctional facility 

8 for which the waiver was granted during the 

9 pendency of any such proceeding.’’. 

10 SEC. 3. DEVICE CERTIFICATION CRITERIA RULEMAKING. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of enactment of this Act, the Federal Communica13 tions Commission shall adopt a final rule establishing cri14 teria for certification for the manufacture, sale, importa15 tion, and interstate shipment of devices that may be used 

16 pursuant to a waiver under section 333(b) of the Commu17 nications Act of 1934 (47 U.S.C. 333(b)), notwithstanding 

18 section 302 of such Act (47 U.S.C. 302a). The regulations 

19 shall require, at a minimum, that any such device— 

20 (1) operate at the lowest technically feasible 

21 transmission power that will permit prison, peniten22 tiary, or correctional staff to prevent, jam, or inter23 fere with wireless communications within the geo24 graphic boundaries of a specified prison, peniten25 tiary, or correctional facility; 


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1 (2) be capable of directionalized operation; and 

2 (3) comply with any other technical standards 

3 deemed necessary or appropriate by the Commission 

4 to ensure that the device does not create interference 

5 to other than the targeted wireless communications. 

6 (b) CERTIFICATION PROCESS.—After the date on 

7 which the final rule promulgated under subsection (a) is 

8 published in the Federal Register, the Commission shall 

9 grant or deny an application for certification of a device 

10 described in subsection (a) within 180 calendar days of 

11 receiving an application therefor. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Safe Prisons Commu14 nications Act of 2009’’. 

15 SEC. 2. INTERFERENCE PERMITTED WITHIN CORREC16 TIONAL FACILITIES. 

17 Title III of the Communications Act of 1934 (47 

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

19 333 the following: 

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

21 IN CORRECTIONAL FACILITIES. 

22 ‘‘(a) IN GENERAL.—Notwithstanding any other provi23 sion of this Act, after the Commission has promulgated 

24 final regulations under sections 3 and 4 of the Safe Prisons 

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1 ize the supervisory authority of a correctional facility to 

2 operate a jamming system within the correctional facility 

3 to prevent, jam, or otherwise interfere with unauthorized 

4 wireless communications within the facility by individuals 

5 held in the facility. In order to obtain such authority, a 

6 supervisory authority shall file a notice of intent under sub7 section (b), file a petition for such authority under sub8 section (c), and comply with the requirements of this section 

9 and the regulations under this section. 

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

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

12 than 30 days before filing a petition for authority to 

13 operate a jamming system under subsection (c), a cor14 rectional facility supervisory authority shall file with 

15 the Commission a notice of intent to seek such author16 ity. The notice shall identify the correctional facility 

17 to which the authority will relate and be in such 

18 form, and contain such information, as the Commis19 sion may require. 

20 ‘‘(2) NOTIFICATION OF PUBLIC SAFETY AGENCIES

21 AND COMMERCIAL MOBILE SERVICE PROVIDERS.— 

22 Within 10 days after receiving a notice under para23 graph (1), the Commission shall— 

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

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1 vider serving the area in which the correctional 

2 facility to which the notice of intent relates is lo3 cated; and 

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

5 such agency and provider so notified by the 

6 Commission to the supervisory authority that 

7 filed the notice of intent. 

8 ‘‘(3) CONSULTATION AND ACCESS.—Before filing 

9 a petition for jamming authority under this section, 

10 a supervisory authority— 

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

12 agencies and commercial mobile service providers 

13 identified by the Commission under paragraph 

14 (2)(B), if such consultation is requested, to deter15 mine— 

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

17 those agencies and providers in the area in 

18 which the correctional facility is located; 

19 ‘‘(ii) the locations of towers and facili20 ties containing wireless transmission equip21 ment belonging to those agencies and pro22 viders in that area, to the extent those agen23 cies and providers voluntarily provide such 

24 information; and 


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1 ‘‘(iii) the frequencies used by those 

2 agencies and providers in that area; 

3 ‘‘(B) shall provide access, upon request and 

4 in the discretion of the supervisory authority, by 

5 those agencies and providers to the outer perim6 eter of the correctional facility for the purpose of 

7 taking measurements and conducting testing to 

8 determine signal strength and the potential for 

9 interference with their transmissions or service; 

10 and 

11 ‘‘(C) may solicit recommendations from 

12 those agencies and providers on the selection, in13 stallation, and configuration of a jamming sys14 tem and jamming devices. 

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

16 Upon good cause shown, the Commission may require 

17 a supervisory authority that has filed a notice of in18 tent under this subsection to provide an additional 

19 period of up to 15 days for the activities described in 

20 paragraph (3) before submitting a petition for jam21 ming authority to the Commission. 

22 ‘‘(c) PETITION PROCEDURE.— 

23 ‘‘(1) IN GENERAL.—After completing the con24 sultation process provided under subsection (b)(3) (if 

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1 thority may file a petition with the Commission re2 questing authority to install and operate a jamming 

3 system within a correctional facility under the super4 visory authority’s jurisdiction. 

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

6 filing fee for a petition under this section. 

7 ‘‘(3) NOTIFICATION OF PUBLIC SAFETY AGENCIES

8 AND COMMERCIAL MOBILE SERVICE PROVIDERS.— 

9 ‘‘(A) PUBLIC SAFETY AGENCIES.—Upon re10 ceipt of a petition under paragraph (1), the 

11 Commission shall provide a copy of the petition 

12 to each public safety agency serving the area that 

13 includes the correctional facility to which the pe14 tition applies. 

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

16 petition under paragraph (1), the Commission 

17 shall provide a copy of the petition to each com18 mercial mobile service provider serving the area 

19 that includes the correctional facility to which 

20 the petition applies. 

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

22 shall include a detailed description of the jam23 ming system and a list of all jamming devices, 

24 including make and model, that the supervisory 


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1 authority proposes to use at the correctional fa2 cility. 

3 ‘‘(4) DISPOSITION OF PETITION.— 

4 ‘‘(A) In general.—After the Commission has 

5 promulgated final regulations under sections 3 

6 and 4 of the Safe Prisons Communications Act 

7 of 2009, the Commission shall act on a petition 

8 under this subsection within 60 days after the 

9 date on which the Commission receives a com10 plete petition. 

11 ‘‘(B) DETERMINATION CONSIDERATIONS.— 

12 In determining whether to grant requested jam13 ming authority, the Commission— 

14 ‘‘(i) shall consider, among other factors 

15 it deems appropriate, whether the proposed 

16 jamming system would interfere with emer17 gency or public safety agency communica18 tions and the extent to which the proposed 

19 jamming system may cause harmful inter20 ference to commercial mobile service com21 munications outside the boundaries of the 

22 correctional facility; 

23 ‘‘(ii) shall consider whether the facility 

24 in question is located in an urban area (as 


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1 defined by the Commission for purposes of 

2 this subsection); and 

3 ‘‘(iii) shall address the potential inter4 ference with public safety agency commu5 nications and commercial mobile service (as 

6 defined in section 332(d)(1)) in such area. 

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

8 determination under this paragraph, the Com9 mission shall allow interested parties to submit 

10 evidence for the record regarding the interference 

11 potential of the jamming system a supervisory 

12 authority proposes to use at the correctional fa13 cility. 

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

15 ‘‘(A) FCC NOTIFICATION.—When the Com16 mission approves a petition under this section, 

17 the Commission shall notify each public safety 

18 agency or commercial mobile service provider 

19 serving the area in which the correctional facil20 ity to which the petition relates is located. 

21 ‘‘(B) COORDINATION REQUEST.—When any 

22 such agency or provider is notified by the Com23 mission under subparagraph (A), it shall imme24 diately notify the supervisory authority of the 

25 correctional facility if it intends to participate 


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1 in the coordination under subparagraph (C) or 

2 the examination under subparagraph (D). 

3 ‘‘(C) INSTALLATION AND CONFIGURATION.— 

4 During the 30-day period beginning on the date 

5 on which the Commission approves a petition, 

6 the correctional facility supervising authority 

7 that filed the petition shall, upon request, coordi8 nate the installation and configuration of the 

9 jamming system authorized by the Commission 

10 with any public safety agency or commercial 

11 mobile service provider serving the area in which 

12 the correctional facility is located. 

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

14 subparagraph (E), before commencing the oper15 ation of a jamming system authorized by the 

16 Commission, the correctional facility supervisory 

17 authority that filed the petition shall, upon re18 quest, provide access to the correctional facility 

19 to any such public safety agency or commercial 

20 mobile service provider for the purpose of exam21 ining the installation or configuration of the 

22 jamming system and jamming devices. 

23 ‘‘(E) COMMENCEMENT OF OPERATIONS.— 

24 Unless otherwise directed by the Commission, a 

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1 thorized by the Commission to operate a jam2 ming system may commence operation of the sys3 tem 30 days after the date on which the Commis4 sion approves the petition filed by that author5 ity. 

6 ‘‘(d) TERMS OF AUTHORIZATION.— 

7 ‘‘(1) TERM.—If the Commission grants a peti8 tion under this section, the authority granted pursu9 ant to that petition shall be in effect for a term speci10 fied by the Commission of not more than 5 years, but 

11 shall be renewable by petition. 

12 ‘‘(2) TERMINATION OR SUSPENSION OF AUTHOR13 ITY.— 

14 ‘‘(A) NOTICE FROM PROVIDER.—The Com15 mission shall immediately suspend authorization 

16 granted under this section with respect to a cor17 rectional facility upon receiving written notice 

18 from a commercial mobile service provider, sup19 ported by affidavit and such documentation as 

20 the Commission may require, stating that use of 

21 a jamming device by or at such correctional fa22 cility is interfering with commercial mobile serv23 ice, or is otherwise preventing or jamming such 

24 communications (other than within the correc25 tional facility). 


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

2 the requirements for the affidavit in subpara3 graph (A) and the necessary supporting docu4 mentation, the Commission shall require, at a 

5 minimum, that the commercial mobile service 

6 provider perform actual testing and measure7 ments in the area near the correctional facility 

8 and submit the results to the Commission. Notice 

9 pursuant to subparagraph (A) may not be predi10 cated exclusively on customer complaints or trou11 ble reports unsupported by relevant technical 

12 analysis suggesting interference. 

13 ‘‘(C) NOTICE FROM PUBLIC SAFETY LI14 CENSEE.—The Commission shall immediately 

15 suspend an authorization granted under this sec16 tion with respect to a correctional facility upon 

17 receiving written notice from a public safety 

18 agency, supported by affidavit and such docu19 mentation as the Commission may require, stat20 ing that use of a device by or at such correc21 tional facility is interfering with public safety 

22 agency communications systems or otherwise 

23 preventing or jamming communications on that 

24 system, and describing the nature of the inter25 ference. 


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1 ‘‘(D) DEADLINE FOR ACTION ON NOTICE.— 

2 Within 90 days after receiving notice under sub3 paragraph (A) or subparagraph (C), the Com4 mission shall conclude an investigation to deter5 mine whether the jamming device authorized for 

6 use at the correctional facility is causing such 

7 interference and, based on its findings and con8 clusions, may issue an order reinstating, modi9 fying, or terminating the authorization. 

10 ‘‘(E) NONCOMPLIANT USAGE.—If the Com11 mission has reason to believe that a correctional 

12 facility for which an authorization has been 

13 granted under this section is not in compliance 

14 with the regulations under this section, the Com15 mission shall immediately suspend the author16 ization until it can make a determination with 

17 respect to such compliance after notice and an 

18 opportunity for a hearing. 

19 ‘‘(3) REVOCATION.—The Commission may revoke 

20 an authorization under this section for willful or re21 peated violations, or failure to observe the require22 ments, of the terms of the authorization or the regula23 tions promulgated by the Commission under this sec24 tion. 


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1 ‘‘(4) INTERIM USAGE.—If the Commission initi2 ates a suspension or a revocation proceeding under 

3 this subsection, it shall prohibit use of an authorized 

4 jamming system or device at the correctional facility 

5 during the pendency of any such proceeding. 

6 ‘‘(e) LIMITATIONS ON AUTHORIZATION.— 

7 ‘‘(1) TRANSFER PROHIBITED.—A correctional fa8 cility supervisory authority authorized by the Com9 mission to operate a jamming system may not trans10 fer the ownership or right to use the jamming system 

11 or associated jamming devices to any third party for 

12 use inside or outside the area of the correctional facil13 ity for which the authorization was granted. 

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

15 Commission shall require any correctional facility su16 pervisory authority to prevent the use of an author17 ized jamming system (including any jamming device 

18 used by the system)— 

19 ‘‘(A) in any location other than the correc20 tional facility where use of the system is author21 ized; or 

22 ‘‘(B) by any entity other than the correc23 tional facility where use of the jamming system 

24 is authorized. 


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

2 shall require that any correctional facility super3 visory authority granted authority under this section 

4 to operate a jamming system— 

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

6 ‘‘(i) authorized by the Commission; 

7 and 

8 ‘‘(ii) specifically approved by the Com9 mission for the purposes of this section; 

10 ‘‘(B) operate the jamming device at the low11 est possible transmission power necessary to pre12 vent, jam, or interfere with wireless communica13 tions by within the facility by individuals held 

14 in the facility; 

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

16 basis, and utilizing all other reasonable inter17 ference-limiting capabilities, in a manner that 

18 does not interfere with public safety agency com19 munications or lawful commercial wireless com20 munications that originate and terminate inside 

21 or outside the area of the correctional facility; 

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

23 frequencies necessary to prevent, jam, or interfere 

24 with wireless communications within the correc25 tional facility; 


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1 ‘‘(E) have a documented method of control2 ling custody of such devices and ensure that any 

3 jamming device operated pursuant to the author4 ity is destroyed upon expiration of the authority, 

5 or at such time as a jamming device is removed 

6 from service for any other reason, including re7 placement by another device; 

8 ‘‘(F) have a documented method of inspect9 ing the jamming system on a quarterly basis to 

10 ensure proper functioning, and a documented 

11 method to limit access to the system to personnel 

12 specifically designated by the correctional facil13 ity; 

14 ‘‘(G) install the jamming system in a secure 

15 area that is inaccessible to individuals held in 

16 the facility and connect the system to a perma17 nent power supply with back-up power sources; 

18 and 

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

20 or locking the jamming system so as to prevent 

21 tampering. 

22 ‘‘(4) DESTRUCTION OF UNUSED OR EXPIRED

23 JAMMING DEVICES; NOTIFICATION OF ADDITIONAL

24 JAMMING DEVICE ACQUISITIONS.—Any correctional 


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1 facility supervisory authority authorized to operate a 

2 jamming system shall— 

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

4 days after the date on which such authorization 

5 expires unless a petition is pending for renewal 

6 of the authorization; 

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

8 is permanently removed from service; 

9 ‘‘(C) certify such destruction to the Commis10 sion; and 

11 ‘‘(D) notify the Commission upon the acqui12 sition of any jamming device that replaces a de13 stroyed device. 

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

15 electronic database containing a copy of each notice of in16 tent and each petition received by it under this section and 

17 the disposition thereof. The Commission shall update the 

18 database at least monthly and, to the extent consistent with 

19 public safety and welfare, shall make the contents of the 

20 database available upon request to a commercial mobile 

21 service provider or public safety agency. 

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

23 ‘‘(1) COMMERCIAL MOBILE SERVICE PROVIDER.— 

24 The term ‘commercial mobile service provider’ means 


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1 a person providing commercial mobile service (as de2 fined in section 332(d)(1)). 

3 ‘‘(2) CORRECTIONAL FACILITY.—In this sub4 section, the term ‘correctional facility’ means a jail, 

5 prison, penitentiary, or other correctional facility. 

6 ‘‘(3) JAMMING DEVICE.—The term ‘jamming de7 vice’ means a radio signal generating device used as 

8 part of a jamming system designed to disrupt, pre9 vent, interfere with, or jam wireless communications. 

10 ‘‘(4) JAMMING SYSTEM.—The term ‘jamming sys11 tem’ means a system of radio signal generating and 

12 processing equipment and antennas designed to dis13 rupt, prevent, interfere with, or jam wireless commu14 nications within a correctional facility and includes 

15 the components and functionality of the system, such 

16 as antennas, cabling, and cable elements, the installa17 tion, interconnection, and operation of system ele18 ments, power levels, and radio frequencies carried on 

19 the cables or fed into antennas, the radiation pattern 

20 of such antennas, and the location and orientation of 

21 the antennas. 

22 ‘‘(5) PUBLIC SAFETY AGENCY.—The term ‘public 

23 safety agency’ has the meaning given that term in 

24 section 3006(j)(1) of the Digital Television Transition 

25 and Public Safety Act of 2005 (47 U.S.C. 309 note). 


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1 ‘‘(6) SUPERVISORY AUTHORITY.—The term ‘su2 pervisory authority’ means the Director of the Federal 

3 Bureau of Prisons, the chief executive officer of a 

4 State (or his or her designee), or the person in charge 

5 of a county or local correctional facility not under the 

6 authority of the chief executive officer of a State.’’. 

7 SEC. 3. FCC RULEMAKING REQUIRED. 

8 Within 180 days after the date of enactment of this 

9 Act, the Federal Communications Commission shall initiate 

10 a rulemaking proceeding and shall promulgate final regula11 tions governing the use of jamming systems in correctional 

12 facilities under section 333A of the Communications Act of 

13 1934 (47 U.S.C. 333A). In the proceeding, the Commission 

14 shall— 

15 (1) solicit and consider the recommendations of 

16 the National Telecommunications and Information 

17 Administration, as well as 1 or more entities with 

18 relevant technical expertise in order to develop stand19 ards and processes for such jamming systems and 

20 jamming devices (as such terms are defined in that 

21 section); and 

22 (2) consider all available technologies capable of 

23 preventing the operation of unauthorized wireless 

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1 cluding those devices that may evade detection by the 

2 supervisory authority of such a facility. 

3 SEC. 4. DEVICE CERTIFICATION CRITERIA RULEMAKING. 

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

5 enactment of this Act, the Federal Communications Com6 mission shall adopt a final rule establishing criteria for cer7 tification for the manufacture, sale, importation, and inter8 state shipment of devices that may be used pursuant to au9 thorization under section 333A of the Communications Act 

10 of 1934 (47 U.S.C. 333A), notwithstanding section 302 of 

11 such Act (47 U.S.C. 302). In carrying out the requirements 

12 of this subsection, the Commission shall consider whether 

13 such devices can effectively prevent, jam, or interfere with 

14 wireless communications within a correctional facility (as 

15 defined in section 333A(g)(2) of that Act (47 U.S.C. 

16 333A(g)(2))) without causing harmful interference with 

17 commercial mobile services between points outside facility 

18 boundaries, or public safety agency wireless communica19 tions services between points inside, pursuant to a public 

20 safety agency responding to an incident in a correctional 

21 facility, and outside facility boundaries. The regulations 

22 shall require, at a minimum, that any such device— 

23 (1) operate at the lowest technically feasible 

24 transmission power that will permit correctional fa25 cility staff to prevent, jam, or interfere with wireless 


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26 

•S 251 RS 

1 communications within the geographic boundaries of 

2 a correctional facility by individuals held in the facil3 ity; 

4 (2) be capable of directionalized operation and 

5 limited to approved frequencies; 

6 (3) comply with any other technical standards 

7 deemed necessary or appropriate by the Commission 

8 to ensure that the device does not create interference 

9 to other than the targeted wireless communications; 

10 (4) be marketed and sold only to correctional fa11 cility supervisory authority (as defined in section 

12 333A(g) of the Communications Act of 1934 (47 

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

14 section 333A) of that Act (47 U.S.C. 333A) to possess 

15 and operate such a device; and 

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

17 public safety agency communications within and 

18 around a correctional facility when a public safety 

19 agency is responding to an incident at the facility, 

20 such as a fire, explosion, medical emergency, or other21 wise. 

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

23 rulemaking proceeding required by subsection (a), the Com24 mission shall seek public comment on whether to establish 

25 minimum training, certification, and eligibility requireVerDate Nov 24 2008 02:42 Sep 25, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S251.RS S251

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27 

•S 251 RS 

1 ments for technicians qualified to work on jamming systems 

2 installed and operated by a supervisory authority. The 

3 Commission may establish such training, certification, and 

4 eligibility criteria as part of the final rule adopted under 

5 subsection (a). 

6 (c) CERTIFICATION PROCESS.—The Commission shall 

7 conduct field testing of proposed devices to determine wheth8 er they can operate without causing harmful interference 

9 with commercial mobile service communications outside the 

10 boundaries of such a correctional facility or public safety 

11 agency wireless communications inside, pursuant to a pub12 lic safety entity responding to an incident in a correctional 

13 facility, and outside the boundaries of such a correctional 

14 facility. The Commission shall conduct such testing through 

15 a public testing process and program. After the date on 

16 which the final rule promulgated under subsection (a) is 

17 published in the Federal Register, the Commission shall 

18 grant or deny an application for certification of a device 

19 described in subsection (a) within 120 calendar days of re20 ceiving an application therefor. 

21 (d) LIST OF DEVICES.—The Commission shall main22 tain a list of all approved devices on its web site including 

23 the make and model of each approved device and its tech24 nical specifications and operating parameters. 


wwoods2 on DSK1DXX6B1PROD with BILLS
Calendar No. 166 

111TH CONGRESS 

1ST SESSION S. 251 

[Report No. 111–79] 

A BILL 

To amend the Communications Act of 1934 to perices within prison facilities. mit targeted interference with mobile radio servSEPTEMBER 24, 2009 

Reported with an amendment 


wwoods2 on DSK1DXX6B1PROD with BILLS