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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
contraband. If the wireless provider chooses to reverse a disabling, however, it must promptly inform the DCFO of the mistakenly identified device. The Second Report and Order also provides wireless providers with the option to trigger the involvement of the DCFO in the reviewing the validity of a device previously identified and disabled as contraband. If the wireless provider seeks to trigger the DCFOs involvement, it must provide the DCFO with: 1 The date of the qualifying request, 2 the identifying information provided for the device, and 3 any evidence supporting the wireless providers belief that the device was erroneously identified. The Second Report and Order states that, upon receipt of such a request, the DCFO should review the qualifying request to determine whether the device in question was erroneously identified and either: 1 Confirm the validity of the identifying information contained in the qualifying request, or 2
acknowledge the error and direct the carrier to restore service to the device.
In the event the DCFO directs the wireless provider to reverse the disabling, the wireless provider must, within two business days, restore service to the device and reverse any actions taken to prevent the device from accessing other wireless provider networks e.g., by removing the phone from the Stolen Phone Database. In the event the DCFO does not respond to a request from a wireless provider for review of a qualifying request within two business days, the wireless provider may proceed with reversing the disabling action. The Second Report and Order requires the DCFO to provide notice to the Contraband Ombudsperson of the number of erroneously disabled devices on a quarterly basis at the end of any quarter during which a device disabling was reversed, and directs the Wireless Telecommunications Bureau to issue a public notice providing additional guidance regarding the appropriate method for providing such notice.
13. Transmission of the Qualifying Request. DCFOs must transmit a qualifying request to a wireless provider using a verifiable and secure transmission method, and a wireless provider must adopt a method, or utilize an existing method, for receiving secured and verified qualifying requests.
The Second Report and Order directs the Contraband Ombudsperson to work with wireless providers to develop suitable methods for securely transmitting a qualifying request.
14. Notification to CIS Operators of Wireless Provider Technical Changes.
Commercial Mobile Radio Service
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CMRS licensees leasing spectrum to managed access systems MAS must provide 90 days advance notice to MAS
operators of the following network changes occurring within 15 miles of the correctional facility, while permitting modified notice arrangements through mutual agreement: 1 Adding a new frequency band to service offerings; 2 deploying a new air interface technology or changing an existing air interface technology; and/or 3 adding, relocating, or removing a site. This limited notification requirement is necessary to deploy MAS effectively.
The Second Report and Order adopts an exception to the 90-day advance notice requirement for network technical changes within 15 miles of the facility that are required due to emergency/
disaster preparedness, but it requires CMRS licensees to provide notice of these technical changes immediately after the exigency. The Second Report and Order also requires CMRS licensee lessors and MAS operator lessees to negotiate in good faith to reach an agreement for notification for other, more localized types of network adjustments not covered bv the major network change notice requirement. The Second Report and Order further requires CMRS licensees and MAS
operators to negotiate in good faith regarding the parties treatment of confidential information contained in notifications required by rule and/or negotiated between the parties.

316, 316a, 332, 610, 615, 615a, 615b, and 615c, unless otherwise noted.

2. Amend 20.3 by adding the definitions of CIS Operator, Contraband Interdiction System, Designated Correctional Facility Official, Managed Access System in alphabetical order to read as follows:

20.3

Definitions.

PART 20COMMERCIAL MOBILE
SERVICES

CIS Operator. An operator of a CIS at a correctional facility, whether a CIS
solutions provider, or a DCFO or responsible party that deploys its own CIS at a correctional facility.

Contraband Interdiction System. A
Contraband Interdiction System CIS is any system comprised of one or more stations that is used only at a permanent correctional facility that is authorized to operate such systems pursuant to this part and that is designed exclusively to prevent transmissions to or from contraband wireless devices within the boundaries of the facility and/or to obtain identifying information from such contraband wireless devices.
Designated Correctional Facility Official. A Designated Correctional Facility Official DCFO is an official of the state, local, or Federal government responsible for administration and oversight of the relevant correctional facility where a contraband wireless device is located.
1 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.
2 In privately-run correctional facilities, this definition requires the DCFO to be a government official with responsibility for oversight of the facilitys performance through contract.

Managed Access System. A Managed Access System MAS is a Contraband Interdiction System whose operations require:
1 One or more lease agreements with CMRS operators; and 2 Real-time awareness of wireless provider spectrum use in the vicinity of the correctional facility where it is deployed.

3. Delayed indefinitely, amend 20.23
by adding paragraphs b through d to read as follows:

1. The authority citation for part 20
continues to read as follows:

20.23 Contraband wireless devices in correctional facilities.

Authority: 47 U.S.C. 151, 152a, 154i, 155, 157, 160, 201, 214, 222, 251e, 301, 302, 303, 303b, 303r, 307, 307a, 309, 309j3,

List of Subjects in 47 CFR Part 20
Administrative practice and procedure, Common carriers, Communications, Communications common carriers, Communications equipment, Environmental impact statements, Radio, Reporting and recordkeeping requirements, Satellites, Security measures, Telecommunications, Telephone.
Federal Communications Commission.
Cecilia Sigmund, Federal Register Liaison Officer, Office of the Secretary.

Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 20 as follows:

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b Contraband Interdiction System CIS authorization process. The
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