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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
state attorney general or the relevant Bureau of Prisons Regional Director and providing:
i The individuals name;
ii The individuals official government position; and iii A list of correctional facilities over which the individual has oversight and management authority.
2 Qualifying request. A qualifying request must be made in writing, contain the certifications in paragraph c2i of this section and the device and correctional facility identifying information in paragraph c2ii of this section, and be signed by the appropriate DCFO. The DCFO must transmit a qualifying request to a CMRS
licensee using a secure communication means that will provide certainty regarding the identity of both the sending and receiving parties. A CMRS
licensee must adopt a method, or use an existing method, for receiving secured and verified qualifying requests.
i Certifications. A qualifying request must include the following certifications by the DCFO:
A A CIS that has been certified in accordance with paragraph b of this section was used to gather the contraband subscriber and device information populated in the qualifying request;
B The certified CIS was used to identify contraband wireless devices operating in a correctional facility where the CIS has been tested and selfcertified for operational readiness and for use in qualifying requests, and the identification of contraband wireless devices occurred within 30 days immediately prior to the date of the qualifying request submission;
C The DCFO has reviewed the list of contraband wireless 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.
ii Device and correctional facility identifying information. The qualifying request must identify the contraband wireless device to be disabled and the correctional facility by providing the following information:
A Identifiers sufficient to:
1 Identify the applicable wireless service provider;
2 Uniquely describe each of the contraband wireless devices in question at the subscription level; and 3 Uniquely describe each of the contraband wireless devices in question at the device-level;
B Name of the correctional facility at which the contraband wireless devices were identified; and
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C Street address of the correctional facility at which the contraband wireless devices were identified.
3 Licensee actions upon receipt of a qualifying request. Upon receiving a request from a DCFO to disable a contraband wireless device, a licensee providing CMRS service must verify that the request contains the required information for a qualifying request, as defined in paragraph c2 of this section.
i Disabling upon receipt of a qualifying request and timing. If the qualifying request contains the required information, and does not contain an error in the device identifying information preventing the licensee from being able to disable the device, a licensee must, within two business days of receipt of the qualifying request, disable the contraband wireless device from using the wireless providers network at both the device and subscriber level and take reasonable and practical steps to prevent the contraband wireless device from being used on another wireless providers network.
ii Rejection of a qualifying request and timing. A licensee may reject a qualifying request within two business days of receipt of a qualifying request if it does not include the information required for a qualifying request or, with respect to a relevant device, the request contains an error in the deviceidentifying information preventing the licensee from being able to disable the device.
iii Customer outreach. A licensee may immediately disable a contraband wireless device without any customer outreach, or a licensee may contact the customer of record through any available means to notify them that the device will be disabled, but any such notice does not modify the licensees obligation to comply with paragraphs c3i and ii of this section.
iv Notification to the Designated Correctional Facility Official. Within two business days of receiving a qualifying request from a DCFO, a licensee must inform the DCFO whether the request has been granted or rejected.
4 Reversals. A licensee may reverse a disabled wireless device if it determines that the wireless device was identified erroneously as contraband.
The licensee must promptly inform the DCFO of the erroneously identified wireless device.
i DCFO involvement. Prior to reversing a disabling action, a wireless provider that determines that a device may have been erroneously identified as contraband may request that the DCFO
review and confirm the information
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provided in a qualifying request pursuant to which the device was previously disabled. To trigger DCFO
involvement, the wireless provider must provide the DCFO with:
A The date of the qualifying request;
B The identifying information provided for the device; and C Any evidence supporting the wireless providers belief that the device was erroneously identified.
ii DCFO response. Upon receipt of a request from a wireless provider, the DCFO should review the qualifying request and determine whether the device in question was erroneously identified and either confirm the validity of the identifying information contained in the qualifying request or acknowledge the error and direct the carrier to restore service to the device.
iii Restoration of service. 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.
iv Wireless provider action in absence of timely DCFO response. 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.
v Notice of reversals. The DCFO
must 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.
d Notification to Managed Access System MAS operators of wireless provider technical changes1
Notification requirements. CMRS
licensees leasing spectrum to MAS
operators must provide 90 days advance notice to MAS operators of the following network changes occurring within 15 miles of the correctional facility, unless parties modify notification arrangements through mutual agreement:
i Adding a new frequency band to service offerings;
ii Deploying a new air interface technology or changing an existing air interface technology; and/or iii Adding, relocating, or removing a site.
2 Good faith negotiations. CMRS
licensee lessors and MAS operator lessees must negotiate in good faith to reach an agreement for notification for other types of network adjustments not covered by the notice requirement set
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