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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations provisions in this section apply to any person seeking certification of a CIS
authorized for use in the submission of qualifying disabling requests, whether operating a system that requires a license and is regulated as CMRS or private mobile radio service PMRS, or operating a passive system that does not require a license. The Wireless Telecommunications Bureau Bureau will establish, via public notice, the form and procedure for: CIS operators to file CIS certification applications, selfcertifications, and periodic recertification; CIS operators to serve on wireless providers notice of testing and copies of self-certification; and wireless providers to file objections to selfcertifications, including required service on CIS operators and DCFOs.
1 Application requirements. To obtain CIS certification, an applicant must submit an application to the Bureau for review and approval that:
i Demonstrates that all radio transmitters used as part of the CIS have appropriate equipment authorizations pursuant to Commission rules in part 2
of this chapter;
ii Demonstrates that the CIS is designed and will be configured to locate devices solely within a correctional facility;
iii Describes the methodology to be used in analyzing data collected by the CIS and demonstrates that such methodology is adequately robust to ensure that the particular wireless device is in fact located within a correctional facility and includes specific data analysis benchmarks designed to ensure successful detection, such as rate of detection of contraband versus non-contraband devices and relevant sample size e.g. number of devices observed and length of observation period;
iv Demonstrates that the CIS will secure and protect all information or data collected as part of its intended use;
v Demonstrates that the CIS will not interfere with emergency 911 calls;
vi Describes whether the CIS
requires a spectrum or network access agreement e.g., a spectrum leasing arrangement or roaming agreement to be authorized to operate; and vii Includes a proposed test plan for subsequent site-based testing of each CIS, that must include detailed descriptions and technical specifications to facilitate Commission review of whether the system satisfies its legal requirements and technically functions as anticipated.
2 Marketing and sales. CIS that are certified for use in qualifying requests for disabling of contraband devices may
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be marketed or sold only to correctional facilities or entities that will provide contraband interdiction services to such facilities.
3 Site-based testing and selfcertification requirementsi Sitebased testing. A CIS operator seeking to use the CIS to submit qualifying requests for disabling must test a certified CIS at each location where it intends to operate. Thereafter, the CIS
operator must file with the Bureau a self-certification that complies with paragraph b3ii of this section, confirming that the testing at that specific correctional facility is complete and successful. The CIS operator must serve notice of the testing on all relevant wireless providers prior to testing and provide such wireless providers a reasonable opportunity to participate in the tests. Relevant wireless providers include any wireless provider holding a spectrum license that:
A Authorizes operation on the frequencies on which the CIS seeks to detect contraband use; and B Authorizes service in the geographic area e.g., census tract, county, Partial Economic Area PEA, Economic Area EA, Cellular Market Area CMA, Regional Economic Area Grouping REAG within which the correctional facility is located.
ii Self-certification. Following the testing, and to be eligible for use in conjunction with qualifying requests for disabling, a CIS operator must file a selfcertification with the Bureau that:
A Identifies the correctional facility where it seeks to deploy;
B Attests that applicable Federal or state criminal statutes prohibit the possession or operation of contraband devices within the correctional facility and includes the applicable Federal or state criminal statutory provision;
C Describes the results of on-site tests of the certified CIS conducted at the correctional facility;
D 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;
E Identifies whether any relevant wireless providers participated in the testing, and provides proof that the relevant wireless providers were given notice regarding the testing and a reasonable opportunity to participate;
F 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;
G Includes proof that the selfcertification was served via electronic
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means on all relevant wireless providers; and H Includes an attestation from the DCFO verifying that all information contained in the self-certification is true and accurate.
I The self-certification must be filed in accordance with part 1, subpart F, of this chapter.
4 Submitting objections. Wireless providers may submit objections to the Bureau within five business days from the certification filing date. Any such objections must be served on the DCFO
and the CIS operator.
5 Recertification. At least every three years after the initial self-certification, CIS operators seeking to maintain the ability to submit qualifying requests through a DCFO for contraband device disabling must retest their systems and recertify them for continued CIS
accuracy. Recertifications must comply with the same rules and filing instructions that apply to the initial selfcertification.
6 Suspension of CIS eligibility. The Bureau may suspend CIS certification generally or at a particular facility if subsequent credible information calls into question a systems reliability.
7 Records maintenance. To ensure the integrity and proper operation of CISs, a CIS operator must retain records of all information supporting each request for disabling and the basis for disabling each device, including copies of all documents submitted in the qualifying request, for at least five years following the date of submission of the relevant disabling request. CIS operators of systems that have been tested and approved for use in qualifying requests must make available all records upon request from the Bureau.
c Disabling contraband wireless devices. A DCFO may request that a CMRS licensee disable a contraband wireless device that has been detected in a correctional facility by a CIS that has been certified in accordance with paragraph b of this section. Absent objections from a wireless provider, as described under paragraph b4 of this section, the DCFO may submit a qualifying request to a wireless provider beginning on the sixth business day after the later of the self-certification filing or actual service, as described under paragraph b3ii of this section.
1 DCFO list. The Commission will maintain a publicly available list of DCFOs that are authorized to transmit qualifying disabling requests.
Authorized DCFOs that seek to be recognized on the Commissions DCFO
list must send a letter to the Commissions Contraband Ombudsperson, signed by the relevant
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