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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations approval. The application must demonstrate, at a minimum that: 1 All radio transmitters used as part of the CIS have appropriate equipment authorization pursuant to Commission rules; 2 the CIS is designed and will be configured to locate devices solely within a correctional facility; 3 the methodology to be used in analyzing data collected by the CIS is sufficiently robust to ensure that the particular wireless device is in fact located within a correctional facility, including specific data analysis benchmarks designed to ensure successful detection, such as rate of detection of contraband versus noncontraband devices, relevant sample size e.g. number of devices observed and length of observation period; 4
the CIS will secure and protect all information or data collected as part of its intended use; and 5 the CIS will not interfere with emergency 911 calls. The application must also include a description of whether the CIS requires a spectrum or network access agreement e.g., a spectrum leasing arrangement and/or roaming agreement to be authorized to operate. Finally, the application must include a proposed test plan for subsequent site-based testing of each CIS, which must include detailed descriptions and technical specifications to facilitate Commission review of whether the system satisfies its legal requirements and technically functions as anticipated.
6. Site-Based Testing and SelfCertification Requirement. In the second phase of the CIS authorization process, a CIS operatorwhich could be a CIS
solutions provider, or a DCFO or other responsible party that deploys its own CIS at a correctional facility 1seeking to use the CIS to submit qualifying requests for disabling contraband devices must test a certified CIS at each location and, thereafter, must file a selfcertification to the Bureau confirming that the testing at that specific correctional facility is complete and successful. The CIS operator must also serve notice of the testing on each of the wireless providers holding a spectrum license that includes the county within which the correctional facility is located and provide a reasonable opportunity to participate in the tests. Following the testing, and to be eligible for use in conjunction with qualifying requests for disabling, the CIS operator must submit a self-certification that: 1 Identifies the correctional facility where it seeks to deploy; 2 attests that applicable federal or state criminal statutes prohibit 1 See Appendix A, Final Rules, of the Second Report and Order adding definition to 20.3 of the Commissions rules, 47 CFR 20.3.

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possession or operation of contraband devices within the correctional facility and includes the applicable federal or state criminal statutory provision; 3
describes the results of on-site tests of the certified CIS conducted at the correctional facility; 4 attests that the on-site testing was performed consistent with the approved test plans for the certified CIS and that the CIS
deployment minimizes the risk of disabling a non-contraband device; 5
identifies whether any wireless providers participated in the testing, and provides proof that the wireless providers were given notice regarding the testing and a reasonable opportunity to participate; and 6 includes proof of any spectrum and/or network access agreement e.g., a spectrum leasing arrangement and/or roaming agreement required to be authorized to operate and/or for the system to function effectively. The self-certification submitted by a CIS operator must be accompanied by an attestation from the DCFO verifying that all information contained in the self-certification is true and accurate.
7. CIS operators must submit selfcertifications in accordance with filing procedures established by the Bureau and those certifications must also be served via electronic means on all wireless providers licensed in the geographic area occupied by the correctional facility. Wireless providers have five business days from the certification filing date to submit objections to the Bureau and to serve any such objections on the DCFO and the CIS operator. Absent objections, the DCFO may submit qualifying requests to wireless providers beginning on the sixth business day after the certification filing. If an objection is submitted, the DCFO may not submit qualifying requests until the Bureau addresses the objection.
8. Records Maintenance. To ensure the integrity and proper operation of CIS, we require CIS operators to retain records of all information supporting each request for disabling and the basis for disabling each device, for at least five years following the relevant disabling request. CIS operators of systems that have been tested and approved for use in qualifying requests must also make available all records upon request from the Bureau.
9. Recertification. In order to ensure the ongoing accuracy and reliability of a given CIS at a particular facility, at least every three years after the initial self-certification, CIS operators seeking to maintain the ability to submit qualifying requests through a DCFO to disable contraband devices must retest
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their systems and recertify them for continued CIS accuracy. Recertifications must comply with the same rules and filing instructions that apply to the initial self-certification.
10. Qualifying Requests. We required that qualifying requests to disable a contraband device include the following material: 1 A certification that a A
certified CIS was used to gather the contraband subscriber and device information populated in the qualifying request; b the certified CIS was used to identify contraband devices operating in a correctional facility where the CIS has been tested and self-certified for operational readiness and for use in qualifying requests, and the identification of contraband devices occurred within 30 days immediately prior to the date of the qualifying request submission; c the DCFO has reviewed the list of contraband devices and attests that it is accurate; and d it is a violation of applicable state or federal criminal statutes to possess or operate a contraband device in the correctional facility; 2 the name and address of each requesting correctional facility; and 3 a list of contraband devices with identifiers sufficient to uniquely describe the devices in question at both the subscription and device level.
11. Disabling Process and Timeframe for Disabling a Contraband Device. The Second Report and Order adopts the following process for disabling contraband devices. Upon receipt of a qualifying request from a DCFO through a verifiable and secure transmission method, a wireless provider must treat the request as valid. The wireless provider may only reject a request if the request fails to meet the Commissionmandated information for a qualifying request or if there are errors with respect to the device identifying information that leave the wireless provider unable to disable the device. Unless a wireless provider finds these grounds to reject the qualifying request, it must, within two business days after receipt of a qualifying request: 1 Disable the device at both the subscriber level and at the device level; and 2 take reasonable and practical steps to prevent an identified device from being accessing another wireless providers network e.g., by adding the equipment identifier to the Stolen Phone Database.
A wireless provider must inform the DCFO whether or not the request has been granted within two business days of receiving the qualifying request.
12. Reversals. A wireless provider may subsequently reverse a device disabling if it determines that the device was identified erroneously as
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