From the article:
"The debate has received widespread attention this week in hearings conducted by the U.S. Senate Commerce Committee."
Posted on 08/08/2009 10:43:51 PM PDT by Cindy
Senate Seeks FCC Approval To Jam Prison Cell Phones
Legislation aims to stop organized-crime members from using smuggled cell phones to conduct criminal activities from prison.
By W. David Gardner InformationWeek July 15, 2008 04:00 AM
With strong bipartisan support to permit the jamming of cell phone signals in prisons, the issue will head to the Federal Communications Commission, which has had longtime jurisdiction over wireless jamming and interference measures.
The debate has received widespread attention this week in hearings conducted by the U.S. Senate Commerce Committee. The Safe Prisons Communications Act, co-sponsored by Senator Kay Bailey Hutchison (R-Texas) and Senator Barbara A. Mikulski (D-Md.), calls for the FCC to give correctional facilities a waiver to operate cell phone signal jamming devices at their prisons.
The hearings produced several horror stories of prisoners using contraband cell phones to order assassinations and harass state legislators from death row.
Senator Mikulski discussed how organized-crime members in prisons used smuggled cell phones to conduct criminal activities.
(Excerpt) Read more at informationweek.com ...
Note: The following text is a quote:
http://www.govtrack.us/congress/billtext.xpd?bill=s111-251
Text of S. 251: Safe Prisons Communications Act of 2009
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This version: Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill available on this website.
S 251 IS
111th CONGRESS
1st Session
S. 251
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 and Mr. DEMINT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To amend the Communications Act of 1934 to permit targeted interference with mobile radio services within prison facilities.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Safe Prisons Communications Act of 2009’.
SEC. 2. INTERFERENCE PERMITTED WITHIN PRISONS.
Section 333 of the Communications Act of 1934 (47 U.S.C. 333) is amended—
(1) by inserting ‘(a) IN GENERAL- ’ before ‘No person’; and
(2) by adding at the end the following:
‘(b) EXCEPTION FOR PRISONS-
‘(1) Waiver-
‘(A) IN GENERAL- The Director of the Federal Bureau of Prisons or the chief executive officer of a State (or his or her designee) may, by petition, request that the Commission grant a waiver of subsection (a) to permit the installation of devices for the sole purpose of preventing, jamming, or interfering with wireless communications within the geographic boundaries of a specified prison, penitentiary, or correctional facility under his or her jurisdiction.
‘(B) TERM- A waiver granted under this subsection shall be for a term not to exceed 10 years, but shall be renewable by petition.
‘(C) FEE- The Commission may not charge a filing fee for a petition under this paragraph.
‘(2) Notification; database-
‘(A) NOTIFICATION OF CARRIERS- Upon receipt of a petition under paragraph (1), the Commission shall provide a copy of the petition to each commercial mobile service provider serving the area that includes the prison, penitentiary, or correctional facility to which the petition applies.
‘(B) DATABASE- The Commission shall maintain an electronic database containing a copy of each such petition received by it and the disposition thereof. The Commission shall update the database at least monthly and shall make the database publicly available on the Commission’s Internet website and publish a copy of the database in the Federal Register at least quarterly.
‘(3) DISPOSITION OF PETITION- In determining whether to grant a requested waiver, the Commission shall consider, among other factors, whether the grant of the waiver would interfere with emergency or public safety communications. The Commission shall act on a request under this subsection within 60 calendar days after the date on which the Commission receives the petition.
‘(4) TRANSFER PROHIBITED- A prison, penitentiary, or correctional facility that receives a waiver pursuant to this subsection may not transfer the ownership or right to use any device authorized pursuant to the waiver to any third party for use outside the area of the prison, penitentiary, or correctional facility for which the waiver was granted.
‘(5) LIMITATIONS ON USE- Within 1 year after the date of enactment of the Safe Prisons Communications Act of 2009, the Commission shall adopt final regulations governing the use of devices authorized by a waiver under this subsection that, at a minimum, require that the prison, penitentiary, or correctional facility—
‘(A) utilize a device—
‘(i) authorized by the Commission; and
‘(ii) specifically approved by the Commission for the purpose described in paragraph (1);
‘(B) operate the device at the lowest possible transmission power necessary to prevent, jam, or interfere with wireless communications by inmates; and
‘(C) operate the device in a manner that does not interfere with wireless communications that originate and terminate outside the area of the prison, penitentiary, or correctional facility, by operating the device on a directionalized basis, by utilizing all other interference-limiting capabilities available to the device, or otherwise.
‘(6) Suspension; revocation-
‘(A) TERMINATION OR SUSPENSION OF WAIVER-
‘(i) NOTICE FROM PROVIDER- The Commission shall suspend a waiver granted under this subsection with respect to a prison, penitentiary, or correctional facility upon receiving written notice from a commercial mobile service provider, supported by affidavit and such documentation as the Commission may require, stating that use of a device by or at such prison, penitentiary, or correctional facility is interfering with commercial mobile service provided by that provider or is otherwise preventing or jamming such communications (other than within the confines of such prison, penitentiary, or correctional facility). Within 90 days after receiving such a notice and documentation, the Commission shall conclude an investigation to determine whether the device authorized for use at the prison, penitentiary, or correctional facility is causing such interference and shall issue an order reinstating, modifying, or terminating the waiver based on its findings and conclusions.
‘(ii) NONCOMPLIANT USAGE- If the Commission has reason to believe that a prison, penitentiary, or correctional facility for which a waiver has been granted under this subsection is not in compliance with the regulations under this subsection, the Commission shall suspend the waiver until it can make a determination with respect to such compliance after notice and an opportunity for a hearing.
‘(B) REVOCATION- The Commission may revoke a waiver under this section for willful or repeated violations, or failure to observe the requirements, of the waiver or the regulations promulgated by the Commission under this subsection.
‘(C) INTERIM USAGE- If the Commission initiates a suspension or a revocation proceeding under this paragraph, it may prohibit use of the device to which the waiver relates at the prison, penitentiary, or correctional facility for which the waiver was granted during the pendency of any such proceeding.’.
SEC. 3. DEVICE CERTIFICATION CRITERIA RULEMAKING.
(a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall adopt a final rule establishing criteria for certification for the manufacture, sale, importation, and interstate shipment of devices that may be used pursuant to a waiver under section 333(b) of the Communications Act of 1934 (47 U.S.C. 333(b)), notwithstanding section 302 of such Act (47 U.S.C. 302a). The regulations shall require, at a minimum, that any such device—
(1) operate at the lowest technically feasible transmission power that will permit prison, penitentiary, or correctional staff to prevent, jam, or interfere with wireless communications within the geographic boundaries of a specified prison, penitentiary, or correctional facility;
(2) be capable of directionalized operation; and
(3) comply with any other technical standards deemed necessary or appropriate by the Commission to ensure that the device does not create interference to other than the targeted wireless communications.
(b) CERTIFICATION PROCESS- After the date on which the final rule promulgated under subsection (a) is published in the Federal Register, the Commission shall grant or deny an application for certification of a device described in subsection (a) within 180 calendar days of receiving an application therefor.
What a bloody clever idea! I never would have thought of that! I wonder if the @#$@ing senate will allow them to do their job and block the #$@#ing cell phones?
This is one of those ‘no brainer’ issues. I find it odd they need FCC approval to do this.
Why is the FCC needed to enforce local prison regulation?
I am suprised that the ol' Barbara Mikulski is co-sponsoring this bill. It should fly through the senate.
I’m not aware of ‘the right to a cellphone frequency in prison’ in any legal statute in this country. I could be wrong.
Federal courthouse in Baltimore in recent months had a high profile case where the murder of a witness was ordered from a prison cellphone.
Its a curious thing. Restaurants in NYC already jam cellphone coverage within their property. A number of theaters already jam. There are intelligence-related government agencies which do this. And finally, you would have to imagine that the White House ought to be doing if they aren’t already.
Oh, one more way - via messages passed via one's lawyer ...
The trend of remote bombs being detonated by cellphones has made jamming relatively commonplace for leaders worldwide. Like you said, it’s relatively common in private enterprise as well. Why they need permission to use the technology in prisons escapes me.
I would think jamming certain frequencies for a certain distance would require FCC approval.
This is one of those ‘no brainer’ issues. I find it odd they need FCC approval to do this.I could be mistaken, but seeing as we are a 'rule by law country', and seeing as how there are laws presently on the books preventing the uncoordinated and unlicensed emission of Radio Frequency (RF) energy (except as presently allowed in the rules and regs) then laws, rules and regulations need to be drawn up and allowed to stand for commet (if drawn up by the FCC and not by the congress) before they may be made effective.
Rule by law.
Not decree. But this may change(ing) as we speak ...
From the article:
"The debate has received widespread attention this week in hearings conducted by the U.S. Senate Commerce Committee."
Why are there cell phones in a prison... in the first place?
Lets keep it simple and to/within the LAW... if we can't control LAW within a PRISON, where are we headed?
No need to jam all the cell frequencies.
All that is needed is a set of receivers on the prison grounds that can detect and locate cell transmissions.
Any transmission that comes from the prison itself can be selectively jammed. It will not cause interference even to someone walking by the front of the prison who is using their cell phone.
Not an engineering miracle, just simple application of existing equipment.
Oh, and the esn of prison employees can be selectively allowed too operate normally.
www.ladyada.net
Consficate cell phones
18 months Solitary confinement for ANY prisoner using a cell phone.
Next problem, please
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