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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
for inspection and copying during normal business hours in the FCC
Reference Center, 45 L Street NE, Washington, DC 20554, or available for viewing via the Commissions ECFS
website by entering the docket number, GN Docket No. 13111. Alternative formats are available for people with disabilities Braille, large print, electronic files, audio format, by sending an email to FCC504@fcc.gov or calling the Consumer and Governmental Affairs Bureau at 202 4180530
voice, 202 4180432 TTY.
The Commission will send a copy of this Second Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801a1A.

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Final Regulatory Flexibility Analysis The Regulatory Flexibility Act RFA
requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. Accordingly, the Commission has prepared a Final Regulatory Flexibility Analysis FRFA
concerning the possible impact of the rule changes contained in this Second Report and Order on small entities. As required by the Regulatory Flexibility Act of 1980, as amended RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in the Further Notice of Proposed Rulemaking FNPRM released in March 2017 in this proceeding 82 FR 22780, May 18, 2017. The Commission sought written public comment on the proposals in the FNPRM, including comments on the IRFA. No comments were filed addressing the IRFA. This present Final Regulatory Flexibility Analysis FRFA
conforms to the RFA.
Paperwork Reduction Act The requirements in 20.23b through d include new or modified collections subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413. They will be submitted to the Office of Management and Budget OMB for review under Section 3507d of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, the Commission notes that, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C.
3506c4, the Commission previously sought, but did not receive, specific
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comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees.
The Commission describes impacts that might affect small businesses, which includes more businesses with fewer than 25 employees, in the Final Regulatory Flexibility Analysis.
Congressional Review Act The Commission will send a copy of this Second Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. See 5 U.S.C.
801a1A. In addition, the Commission will send a copy of the Second Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration SBA. A copy of the Second Report and Order, and FRFA or summaries thereof will also be published in the Federal Register.
Synopsis 1. The Second Report and Order adopts new or additional reporting or recordkeeping and compliance obligations for small entities as well as other applicants and licensees. Small entities may have to hire attorneys, engineers, consultants, or other professionals in order to meet the reporting, recordkeeping or compliance obligations in the Second Report and Order, however, the Commission cannot quantify the cost of compliance with the requirements. To minimize burdens, we have adopted processes and procedures where possible to allow direct interaction between the Designated Correctional Facility Officials DCFOs and the wireless providers and avoided interjecting the Commission and additional regulations into the process.
In our approach, we sought to provide small and other entities flexible options such as giving DCFOs and wireless providers the flexibility to structure the format of the qualifying requests in a way that meets the unique needs of the parties rather than adopting a standardized form. We also adopted minimum requirements for information to be included in a qualifying request to disable a contraband device and allowed for self-certification to meet the certification requirements. Below we discuss reporting, recordkeeping, and/or compliance requirements adopted in the Second Report and Order.
2. Designated Correctional Facility Official Requirements. The Second Report and Order requires that a DCFO
satisfy certain requirements in order to submit qualifying requests to wireless providers. Specifically, qualifying
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disabling requests must be submitted by a DCFO, which we define as an official of the state, local, or Federal government with responsibility for oversight of the relevant facility. In government-run correctional facilities, this definition requires the DCFO to be, at a minimum, the official with responsibility for oversight of the relevant facility e.g., the warden or higher ranking official; in privately-run correctional facilities, the DCFO must be a government official with responsibility for oversight of the facilitys performance through a contract.
3. The Second Report and Order also adopts a process for certification of DCFOs that will provide certainty to wireless providers that disabling requests are duly authorized by the relevant Federal, state, or local government entities. The Commission will maintain a publicly available list of DCFOs that are authorized to transmit qualifying disabling requests.
Authorized individuals that wish to be recognized on the Commissions DCFO
list must send a letter to the Commissions Contraband Ombudsperson, signed by the relevant state attorney general, providing the individuals name, official government position, and a list of correctional facilities over which the individual has oversight and management authority.
4. Authorization of CISs. The Second Report and Order establishes a twophase authorization process for Contraband Interdiction System CIS
applicants seeking to deploy CISs that will provide the requisite information necessary for DCFOs to submit qualifying requests to disable contraband devices at qualifying correctional facilities. In phase one, CIS
applicants will submit applications to the Wireless Telecommunications Bureau the Bureau describing their legal and technical qualifications of the systems. The Bureau will review the applications and approveat a system levelthose CISs that meet the requirements. In phase two, CIS
applicants will perform on-site testing of approved CISs at individual qualifying correctional facilities. After both phases are complete, DCFOs will be authorized to submit qualifying requests to disable contraband devices using approved CISs at each approved correctional facility.
5. CIS Certification Process. The Second Report and Order adopts a CIS
certification process for detection systems to be used in qualifying requests. To obtain CIS certification, a CIS applicant must submit an application to the Bureau for review and
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