Pai May Be Considering More Action on Contraband Cellphones in Prisons

FCC Chairman Ajit Pai appears poised to make another move on contraband cellphones in prisons. Chief of Staff Matthew Berry tweeted Monday the wireless industry isn’t doing enough (see 1711130055). Berry was retweeted by Zenji Nakazawa, Pai’s public safety adviser. The agency didn’t comment. Earlier this month, Pai wrote House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., and 51 other House and Senate members, saying the FCC is “actively” communicating “with state and local law enforcement and corrections officials,” and others about “effective, efficient solutions” (see 1711070067). In March, commissioners approved an order that focused on quicker deployment of contraband interdiction systems as an alternative to jamming (see 1703230056). In September (see 1708290054), DOJ said the Communications Act “does not necessarily preclude" jamming. A former spectrum official said the FCC appears to be contemplating allowing corrections officials to jam cell signals, though industry is likely to challenge that as prohibited by the act. Since Commissioner Mike O’Rielly made clear he would oppose jamming, it’s unclear where Pai would get a third vote, even if he has the support of Commissioner Brendan Carr, the former official said. Pai "has been very vocal about wanting to address the epidemic of contraband cell phones in prisons and the crime that they facilitate,” said Jamie Barnett, former Public Safety Bureau chief, now at Venable. “Commissioner Carr also has been diligent in searching for innovative technical solutions." Berry's tweet "seems to be a signal of frustration and possibly indicates that the FCC may move forward with one or more solutions," Barnett said. "The chairman may be showing an independent streak on this issue.” The Office of Engineering and Technology recently OK'd special temporary authority for Securus to test technology aimed at curbing contraband cellphones. The STA started Tuesday and expires May 4. “Contraband cellphone use is among the highest public safety issues for the Georgia Department of Corrections (DoC) and Securus has been contracted to test and deploy Managed Access Systems (MAS),” said its application. “This STA is necessary to support expedited testing of new antennal types and locations as well as new software.” Carriers support “the goal of blocking the flow of contraband phones into prisons and denying service to those phones that do get smuggled into the hands of prisoners, while allowing 9-1-1 and legitimate calls to go through," a CTIA spokesman said. "We continue to work with all stakeholders, including government, the public safety community and technology providers, to identify and implement effective and lawful solutions."