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FCC Establishes 'Rules-Based' Framework on Contraband Devices

The FCC released an order and Further NPRM Tuesday requiring the disabling of contraband wireless devices detected in correctional facilities. The order addresses oversight, carrier liability and how 911 calls are handled. It was OK’d 4-0 Monday. It establishes a…

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two-phase process for authorizing contraband interdiction systems (CISs) to detect contraband devices and establishes a “rule-based process” for disabling contraband devices. “Although wireless providers continue to prefer a court order process, more recently they acknowledged certain jurisdictions don't have the time or resources to issue court orders and that a rule-based framework could be designed in a way that is efficient, straightforward, and that replicates the accuracy and accountability of the court order process,” the order said. The framework provides rules for certifying CIS providers and for testing systems. The FCC said it decided against reporting requirements for stakeholders: “The two-step certification process we adopt … will provide the Commission with a substantial amount of information on the general operating design of CISs as well as the specific deployment plans for particular correctional facilities.” The FCC said carriers won't be reimbursed for disabling devices, as had been urged by T-Mobile, saying the costs should be minimal. The FNPRM asked about “quiet zones” in and around prisons “in which wireless communications are not authorized such that contraband wireless devices in correctional facilities would not receive service.” It asked about geofencing. It asked about the efficacy of using beacon systems to disable contraband devices. “Addressing this problem is not easy,” said acting Chairwoman Jessica Rosenworcel: “The incentive to bring these devices into prisons and jails will not simply go away with better contraband interdiction." Commissioner Brendan Carr told reporters he witnessed “truckloads” of contraband devices pulled out of one prison. “Any time we’re making even any progress," he said, "it’s something that gets my support.” The wireless industry "has a longstanding commitment to collaborating with all stakeholders to find effective solutions," a CTIA spokesperson emailed. "An FCC process for terminating service to contraband phones can further that goal.”