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Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities
[June 18, 2013]

Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities


Jun 18, 2013 (Federal Communications Commission Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: In this document, the Federal Communications Commission proposes rules to encourage the development of multiple technological solutions to combat the use of contraband wireless devices in correctional facilities nationwide. Specifically, the Commission proposes rule modifications to facilitate spectrum lease agreements between wireless providers and providers or operators of managed access systems. The Commission further proposes to require wireless providers to terminate service to a contraband wireless device if an authorized correctional facility official notifies the provider of the presence of the contraband wireless device within the correctional facility. The Commission seeks comment on these proposals as well as other technological approaches for addressing the problem of contraband wireless device usage in correctional facilities.

EFFECTIVE DATE: Interested parties may file comments on or before July 18, 2013, and reply comments on or before August 2, 2013.

ADDRESSES: You may submit comments, identified by GN Docket No. 13-111, by any of the following methods: [ ] Electronic Filers: Comments may be filed electronically using the Internet by accessing the Commission's Electronic Comment Filing System (ECFS), through the Commission's Web site http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions provided on the Web site for submitting comments. For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal service mailing address, and GN Docket No. 13-111.


[ ] Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Generally if more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Note that while multiple dockets are listed in the caption, commenters are only required to file copies in GN Docket No. 13-111.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

[ ] All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

[ ] Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

[ ] U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554.

[ ] In addition, parties must serve one copy of each pleading with the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, or via email to [email protected].

For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Melissa Conway, [email protected] or (202) 418-2887, of the Wireless Telecommunications Bureau, Mobility Division.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Notice of Proposed Rulemaking (NPRM), FCC 13-58, adopted on April 29, 2013, and released on May 1, 2013, in GN Docket No. 13-111; RM-11430; ET Docket No. 08-73; WT Docket No. 10-4; PRM09WT; PRM11WT; and FCC 13-58. The full text of the NPRM and copies of any subsequently filed documents in this matter may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554. Customers may contact the Commission's duplication contractor at its Web site, www.bcpiweb.com, or by calling (202) 488-5300. Document can also be downloaded in Word or Portable Document Format (PDF) at http://www.fcc.gov/guides/cramming-unauthorized-misleading-or-deceptive-charges-placed-your-telephone-bill.

Pursuant to 47 CFR 1.1200 through 1.1216, this matter shall be treated as a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must: (1) List all persons attending or otherwise participating in the meeting at which the ex parte presentation was made; and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with section 1.1206(b) of the Commission's rules. In proceedings governed by section 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g.,.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Initial Paperwork Reduction Act of 1995 The NPRM seeks comment on potential new information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might "further reduce the information collection burden for small business concerns with fewer than 25 employees." Synopsis 1. In the NPRM, the Commission proposes measures to facilitate the development of multiple technological solutions to combat the use of contraband wireless devices in correctional facilities nationwide. Prisoners' use of contraband wireless devices to engage in criminal activity is a serious threat to the safety of prison employees, other prisoners, and the general public. The Commission proposes a series of modifications to its rules to facilitate spectrum lease agreements between wireless providers and providers or operators of managed access systems used to combat contraband wireless devices. The NPRM also seeks comment on the Commission's proposal to require wireless providers to terminate service, if technically feasible, to a contraband wireless device if an authorized correctional facility official notifies the wireless provider of the presence of the contraband wireless device within the correctional facility. While the Commission is limiting its proposals to managed access and detection solutions, the Commission nevertheless invites comment on other technological approaches for addressing the problem of contraband wireless device use in correctional facilities. For each proposal, the Commission requests specific comment regarding costs and benefits.

Streamlining Authorization of Leases for Managed Access Systems for Use in Correctional Facilities 2. Managed access systems are micro-cellular, private networks that analyze transmissions to and from wireless devices to determine whether the device is authorized or unauthorized for purposes of accessing public carrier networks. Authorized devices are allowed to communicate normally with the commercial wireless network, while transmissions to or from unauthorized devices are terminated. To date, wireless providers and managed access providers have used spectrum lease agreements to negotiate the transfer of rights for such systems and have sought approval or provided notification of such agreements under the Commission's spectrum leasing rules. Additionally, the managed access lessee typically seeks to modify its regulatory status from commercial mobile radio service (CMRS) to private mobile radio service (PMRS), which requires additional filings and results in processing delays. The Commission proposes rule and procedural changes to facilitate a streamlined application process for spectrum leases entered into exclusively to combat the use of unauthorized wireless devices in correctional facilities.

--This is a summary of a Federal Register article originally published on the page number listed below-- Proposed rule.

CFR Part: "47 CFR Parts 1 and 20" Citation: "78 FR 36469" Document Number: "GN Docket No. 13-111; RM-11430; ET Docket No. 08-73; WT Docket No. 10-4; PRM09WT; PRM11WT; FCC 13-58" Federal Register Page Number: "36469" "Proposed Rules"

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