[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 560 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 560
To amend the Communications Act of 1934 to permit targeted interference
with mobile radio services within prison facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2009
Mr. Brady of Texas (for himself, Mr. Poe of Texas, Mr. Sessions, and
Mr. Smith of Texas) introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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.
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