FCC Seen Unlikely to Allow Cell Jamming in Prisons Despite DOJ Stance
FCC Chairman Ajit Pai is unlikely to press for rules that would allow corrections facilities to deploy cell jammers to combat contraband cellphones, despite an apparent go-ahead last week from DOJ, former commission officials said. Corrections officials pressed the FCC to allow jamming, but industry officials said there would be a huge fight from carriers. Pai has raised concerns about the flood of contraband devices reported by correctional officials.
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In March, the FCC approved an order that focused on quicker deployment of contraband interdiction systems as an alternative to jamming (see 1703230056). “No matter how this proceeding moves forward, I will not support or approve of any form of jamming technologies,” Commissioner Mike O’Rielly said then. The letter (see 1708290054) from DOJ said the Communications Act “does not necessarily preclude the Commission's authorization of justifiable law enforcement use of targeted jamming to prevent inmates from using contraband cellphones to further their illegal activities.”
“The Communications Act doesn’t permit the FCC to authorize jammers and the DOJ can’t change that,” said Fred Campbell of Tech Knowledge. “The correctional system shouldn’t have to resort to jamming to keep contraband cellphones out of prisons. If the correctional system can’t keep contraband cellphones out, how do they stop prisoners from obtaining contraband guns?”
Other former FCC officials agreed the FCC is unlikely to act on Justice’s advice. “Jamming is outright unlawful and until the act is amended, I don’t see this issue gaining steam,” said a former spectrum official.
Some corrections officials have pushed for jamming. The American Correctional Association said in a June filing in docket 13-111 it “has supported jamming systems, but it is our understanding that the FCC's position remains that jamming is banned statutorily.” Officials with groups representing corrections officers didn’t comment now.