Revised Cellphone Jamming Bill Heads to Markup
Legislation (S-251) allowing targeted jamming of cellphone signals in prisons is scheduled for markup at an Aug. 5 Senate Commerce Committee meeting. The bill has been revised several times to address concerns raised at a July 15 hearing (CD July 16 p2) over interference with emergency communications and commercial calls in an area that would use jamming technology. The bill calls for a study not only to gauge interference likelihood, but also a review of other blocking technologies preventing inmates’ illegal use of phones inside prisons.
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Correctional facilities, the Fraternal Order of Police and state government groups support the bill, said a statement from Sen. Kay Bailey Hutchison of Texas, bill sponsor and committee ranking member. The bill would require an FCC rulemaking to create rules for approval of jamming systems, and set up a system for reviewing requests for waivers. A new addition to the bill would require the FCC to consider all available technologies capable of preventing use of unauthorized wireless communications in prisons, Senate staffers said.
The bill would require the commission to conduct field tests of all devices submitted for approval, identifying the potential for interference. The latest draft adds a requirement that the devices could be shut off from a remote location, in cases where the jamming equipment is lost or stolen. The revised draft also clarifies that devices and systems approved by the commission may only be sold or operated by approved correctional facilities. The bill has 12 co-sponsors.
“Regrettably, prisons are barred from jamming cell phones under the Federal Communications Act,” said Chuck Canterbury, National President of the Fraternal Order of Police. The Hutchison bill would solve the problem with its proposed waivers within the boundaries of the prison, he said. Traditional security has proven ineffective in detecting and apprehending smuggled cellphones, Hutchison said. “I have been working with law enforcement officers and corrections professionals to address this problem.”
“We appreciate the senator’s efforts to work with industry,” an industry source said of the Hutchison bill, adding that consultations with Senate staff are expected to be ongoing. CTIA did not have a comment on the draft, a spokeswoman said. AT&T Executive Vice President Tim McKone said the company welcomed efforts “to bring attention to this troubling issue with legislation that seeks to balance the right mix of technologies and guidelines and that will ensure public safety as well as everyday access to wireless communications.” McKone said AT&T will continue working with Hutchison and other members on the bill.
The latest draft of the bill would set up a two-tier process allowing industry and public safety to coordinate efforts on testing equipment for interference potential. Thirty days before a waiver is filed, the correctional facility seeking to use the equipment would notify the FCC of its plans so testing could be conducted among interested parties in a coordinated effort. Should a waiver be granted, a second period of coordinated testing among interested parties would take place before the devices would be powered on. After the equipment is up and running, if interference is demonstrated, the waiver would be revoked.
The public safety community is still wary of potential interference problems. “We appreciation that they are willing to work on the legislation,” said Brian Fontes, CEO of the National Emergency Number Association, who said he was traveling and had not been able to review the latest changes. But he said he was aware that Senate staff has tried hard to accommodate concerns from public safety as it works on the bill.