Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities, 36469-36478 [2013-14405]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Proposed Rules]
[Pages 36469-36478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14405]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 20

[GN Docket No. 13-111; RM-11430; ET Docket No. 08-73; WT Docket No. 10-
4; PRM09WT; PRM11WT; FCC 13-58]


Promoting Technological Solutions to Combat Contraband Wireless 
Device Use in Correctional Facilities

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
proposes rules to encourage the development of multiple technological 
solutions to combat the use of contraband wireless devices in 
correctional facilities nationwide. Specifically, the Commission 
proposes rule modifications to facilitate spectrum lease agreements 
between wireless providers and providers or operators of managed access 
systems. The Commission further proposes to require wireless providers 
to terminate service to a contraband wireless device if an authorized 
correctional facility official notifies the provider of the presence of 
the contraband wireless device within the correctional facility. The 
Commission seeks comment on these proposals as well as other 
technological approaches for addressing the problem of contraband 
wireless device usage in correctional facilities.

DATES: Interested parties may file comments on or before July 18, 2013, 
and reply comments on or before August 2, 2013.

ADDRESSES: You may submit comments, identified by GN Docket No. 13-111, 
by any of the following methods:
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS), through the Commission's Web site https://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions 
provided on the Web site for submitting comments. For ECFS filers, in 
completing the transmittal screen, filers should include their full 
name, U.S. Postal service mailing address, and GN Docket No. 13-111.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. Generally if more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number. Note that while multiple dockets are listed in the 
caption, commenters are only required to file copies in GN Docket No. 
13-111.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    [ssquf] In addition, parties must serve one copy of each pleading 
with the Commission's duplicating contractor, Best Copy and Printing, 
Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, or via 
email to fcc@bcpiweb.com.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Melissa Conway, Melissa.Conway@fcc.gov 
or (202) 418-2887, of the Wireless Telecommunications Bureau, Mobility 
Division.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking (NPRM), FCC 13-58, adopted on April 29, 
2013, and released on May 1, 2013, in GN Docket No. 13-111; RM-11430; 
ET Docket No. 08-73; WT Docket No. 10-4; PRM09WT; PRM11WT; and FCC 13-
58. The full text of the NPRM and copies of any subsequently filed 
documents in this matter may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 
12th Street SW., Room CY-B402, Washington, DC 20554. Customers may 
contact the Commission's duplication contractor at its Web site, 
www.bcpiweb.com, or by calling (202) 488-5300. Document can also be 
downloaded in Word or Portable Document Format (PDF) at https://www.fcc.gov/guides/cramming-unauthorized-misleading-or-deceptive-charges-placed-your-telephone-bill.
    Pursuant to 47 CFR 1.1200 through 1.1216, this matter shall be 
treated as a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must: (1) List all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made; and (2) summarize all data presented and 
arguments made during the

[[Page 36470]]

presentation. If the presentation consisted in whole or in part of the 
presentation of data or arguments already reflected in the presenter's 
written comments, memoranda or other filings in the proceeding, the 
presenter may provide citations to such data or arguments in his or her 
prior comments, memoranda, or other filings (specifying the relevant 
page and/or paragraph numbers where such data or arguments can be 
found) in lieu of summarizing them in the memorandum. Documents shown 
or given to Commission staff during ex parte meetings are deemed to be 
written ex parte presentations and must be filed consistent with 
section 1.1206(b) of the Commission's rules. In proceedings governed by 
section 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).

Initial Paperwork Reduction Act of 1995

    The NPRM seeks comment on potential new information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''

Synopsis

    1. In the NPRM, the Commission proposes measures to facilitate the 
development of multiple technological solutions to combat the use of 
contraband wireless devices in correctional facilities nationwide. 
Prisoners' use of contraband wireless devices to engage in criminal 
activity is a serious threat to the safety of prison employees, other 
prisoners, and the general public. The Commission proposes a series of 
modifications to its rules to facilitate spectrum lease agreements 
between wireless providers and providers or operators of managed access 
systems used to combat contraband wireless devices. The NPRM also seeks 
comment on the Commission's proposal to require wireless providers to 
terminate service, if technically feasible, to a contraband wireless 
device if an authorized correctional facility official notifies the 
wireless provider of the presence of the contraband wireless device 
within the correctional facility. While the Commission is limiting its 
proposals to managed access and detection solutions, the Commission 
nevertheless invites comment on other technological approaches for 
addressing the problem of contraband wireless device use in 
correctional facilities. For each proposal, the Commission requests 
specific comment regarding costs and benefits.

Streamlining Authorization of Leases for Managed Access Systems for Use 
in Correctional Facilities

    2. Managed access systems are micro-cellular, private networks that 
analyze transmissions to and from wireless devices to determine whether 
the device is authorized or unauthorized for purposes of accessing 
public carrier networks. Authorized devices are allowed to communicate 
normally with the commercial wireless network, while transmissions to 
or from unauthorized devices are terminated. To date, wireless 
providers and managed access providers have used spectrum lease 
agreements to negotiate the transfer of rights for such systems and 
have sought approval or provided notification of such agreements under 
the Commission's spectrum leasing rules. Additionally, the managed 
access lessee typically seeks to modify its regulatory status from 
commercial mobile radio service (CMRS) to private mobile radio service 
(PMRS), which requires additional filings and results in processing 
delays. The Commission proposes rule and procedural changes to 
facilitate a streamlined application process for spectrum leases 
entered into exclusively to combat the use of unauthorized wireless 
devices in correctional facilities.
    3. The Commission proposes to modify its rules and procedures to 
make qualifying leases for managed access systems in correctional 
facilities subject to immediate processing and approval. The Commission 
proposes to immediately process long-term de facto lease applications 
and spectrum manager notifications for managed access systems, even in 
cases where grant of multiple lease applications would result in the 
lessee holding geographically overlapping spectrum rights or where the 
license involves spectrum subject to designated entity unjust 
enrichment provisions or entrepreneur transfer restrictions. Pursuant 
to this proposal, grant or acceptance of qualifying managed access 
leases would be indicated the following business day on the 
Commission's Universal Licensing System. The accepted lease would then 
be effective upon the date set forth by the licensee and lessee in the 
lease application or notification. The Commission seeks comment on the 
rule changes necessary to implement this proposal.
    4. Specifically, the Commission seeks comment on its proposal to 
require applications or notifications for managed access leases to meet 
the completeness standards set forth in its existing spectrum leasing 
rules. Licensees and lessees would continue to file Form 608, and would 
be required to complete all relevant fields and certifications on the 
form. If an application or notification is sufficiently complete but 
the responses or certifications raise questions regarding the lessee's 
eligibility or qualification to hold spectrum, the Commission proposes 
that the application or notification will not be eligible for immediate 
approval or processing consistent with the Commission's current 
processes. The Commission proposes to modify Form 608 to allow managed 
access providers and CMRS licensees to identify that a proposed lease 
is a managed access lease exclusively for a system in a correctional 
facility, and to require managed access providers to attach a written 
certification explaining the nature of the managed access system, 
including the location of the correctional facility, the provider's 
relationship to the facility, and the exact proposed coordinates of the 
leased spectrum boundaries. Regarding enforcement mechanisms, the 
Commission seeks comment on its proposal to continue to apply existing 
spectrum leasing rules to managed access leases, and whether these 
protections are sufficient to ensure rule compliance in the context of 
Commission authorization of managed

[[Page 36471]]

access systems deployed to combat contraband phone use, and whether any 
additional conditions or alternative mechanisms are required to further 
the public interest. The Commission also seeks comment on whether 
managed access operators should be encouraged or required to provide 
notification to households and businesses in the vicinity of the 
correctional facility in which a managed access system is installed and 
how such a process would be implemented.
    5. The Commission proposes to amend section 20.9 of its rules to 
establish that managed access services in correctional facilities 
provided on spectrum leased from CMRS providers will be presumptively 
treated as PMRS. The Commission proposes to require the lessee to 
certify on the application or notification that the leased spectrum 
will be used solely for the operation of a managed access system at a 
correctional facility. However, a managed access lessee would retain 
the option of applying for CMRS status by including an exhibit to Form 
608 demonstrating that the service meets the CMRS definition or is the 
functional equivalent of CMRS. The Commission seeks comment on this 
proposal, and also whether it should apply the Commission's 911 and 
enhanced 911 (E911) rules to managed access services that provide 
access to 911 and E911.
    6. The Commission seeks comment on its proposal to exercise 
forbearance in order to immediately process de facto leases for managed 
access systems in correctional facilities that do not raise concerns 
with use and eligibility restrictions, that do not require a waiver or 
declaratory ruling with respect to a Commission rule, but that do 
involve leases of spectrum in the same geographic area or involve 
designated entity unjust enrichment provisions and transfer 
restrictions. Specifically, the Commission proposes to forbear from the 
applicable prior public notice requirements and individualized review 
requirements of sections 308, 309, and 310(d) of the Communications Act 
(``the Act''). The Commission also seeks comment on a proposal to 
streamline the process for a managed access provider to obtain special 
temporary authority to operate a managed access system in a 
correctional facility prior to obtaining a more permanent 
authorization.
    7. The Commission also seeks comment generally on proposals 
submitted by Global Tel*Link Corp. (filed July 20, 2011), the 
Mississippi Department of Corrections (filed Aug. 21, 2009), and Tecore 
Networks (comments filed in GN Docket No. 12-52 on Apr. 30, 2012) and 
the extent to which they may be incorporated into the NPRM's lease 
processing and approval proposals.

Detection

    8. In addition to the Commission's proposals regarding streamlining 
the lease application process for managed access systems, the 
Commission seeks comment on proposals to facilitate the deployment of 
detection systems. Detection systems generally identify the location of 
a contraband wireless device through triangulation, and then 
correctional facility employees search for and physically confiscate 
the identified contraband device to terminate operations. Detection 
system operators do not require a FCC license or authorization. The 
Commission seeks comment on a proposal submitted by CellAntenna (filed 
Sept. 2, 2011) that consists of a three step plan: first, the 
correctional facility identifies unauthorized wireless devices within 
the facility; second, the warden transmits the identifying information 
of the contraband device to the appropriate CMRS provider via email or 
fax; and third, the CMRS provider sends a message to the unauthorized 
device notifying the user that the device is unauthorized and suspends 
service to the device.
    9. Consistent with CellAntenna's proposal, the Commission proposes 
to require CMRS licensees to terminate service to contraband devices 
within correctional facilities pursuant to a qualifying request from an 
authorized party. The Commission seeks comment on the specific 
information that the correctional facility must transmit to the 
provider to effectuate termination, timing for carrier termination, 
methods of authenticating a termination request, and other issues. The 
Commission also seeks specific comment on the cost burdens that a 
carrier would face in establishing the reporting mechanisms, technical 
upgrades, if any, operational enhancements, and personnel training 
necessary to handle requests for termination. In addition, to the 
extent that carriers incur such costs to support requests for 
termination, the Commission seeks comment on mechanisms by which 
carriers could recoup the initial and ongoing expense of complying with 
a requirement to terminate service to contraband devices.
    10. With regard to identifying contraband devices, according to 
CellAntenna, when a variety of unique identifying information about the 
device is transmitted to the device's CMRS provider, the CMRS provider 
can identify the device in its systems and terminate service to the 
device. The Commission seeks comment on CellAntenna's technical 
analysis and on any safeguards that may be necessary to protect against 
the unlikely event that an authorized device outside of the 
correctional facility is detected.
    11. Additionally, the Commission seeks comment on whether 
contraband wireless devices identified by CellAntenna's technology and 
other technologies, including managed access systems, have the 
requisite characteristics, including accuracy, to identify contraband 
wireless devices for purposes of service termination while avoiding 
incorrect identification of legitimate devices. Should the Commission 
establish minimum performance standards for detection systems or 
encourage voluntary commitments? How would the Commission verify that 
an entity meets such a standard? Alternatively, to the extent that 
detection equipment requires FCC certification, the Commission could 
impose technical accuracy standards through the equipment certification 
process. The Commission seeks comment on these alternatives, and on 
their costs and benefits.
    12. The Commission seeks comment on a number of issues surrounding 
the process of requesting termination of service to contraband devices. 
Specifically, would correctional facilities have greater operational 
flexibility if an authorized agent were able to make the formal 
termination request? What criteria should be used to determine the 
authorized correctional facility personnel? Would such criteria be an 
adequate safeguard against the transmission of inaccurate information 
to a carrier? Do different carriers and different wireless technologies 
require different information to identify and terminate service to a 
device? Do the requirements differ for resellers or small wireless 
providers relative to large wireless providers? Are all types of 
detection equipment and systems capable of capturing the identical 
suite of information? The Commission seeks comment on any electronic or 
other means in addition to email and fax that would be an acceptable 
way for a correctional facility to transmit a termination request.
    13. With regard to the process of terminating service to contraband 
devices, the Commission seeks comment on a variety of issues. Should 
the Commission establish set intervals or times at which a correctional 
facility or detection provider can transmit batch termination requests 
to a carrier? Is it relevant if both the carrier and correctional 
facility have automated

[[Page 36472]]

systems for requesting termination and terminating service to 
contraband wireless devices? Are there specific issues to consider with 
respect to processing termination requests by small or rural CMRS 
providers? What role could the database being developed by the wireless 
industry to identify and terminate service to stolen smartphones play 
in this process? Could participating wireless providers reduce 
implementation costs by relying on existing technologies and processes? 
The Commission seeks comment on ways that a correctional facility with 
a detection system will be able to identify the appropriate individual 
or group within a carrier to transmit termination requests. 
Alternatively, is there a common interface that could be used to 
automate the transmission and processing of the termination request? 
The Commission also seeks comment on the best means for a carrier to 
acknowledge receipt of a termination request. Could confirmation that 
termination occurred within any set timeframe be sufficient?
    14. The Commission seeks comment on the processes and costs for a 
carrier to terminate service to unauthorized devices, and the costs for 
a carrier, correctional facility, or third party detection provider to 
implement procedures and technologies to ensure that disruption of 
service to legitimate wireless users is minimized or prevented. If the 
Commission requires the carrier to send a message as CellAntenna 
proposes, would it be necessary or feasible to provide a vehicle 
through which the user of the alleged contraband device could 
demonstrate that the pending termination is in error? Are there other 
intermediary steps a carrier could take to attempt to confirm that 
service is being terminated to a contraband device and not a legal 
device? Are there any costs associated with sending such notification 
and, if so, who should bear them? CellAntenna proposes to require the 
carrier to suspend service to the device within one hour after receipt 
of notification. The Commission seeks comment on whether this interval 
is appropriate. Would some carriers, for example small or rural 
providers, require additional time relative to larger carriers? Does 
the time period affect the cost of compliance with these proposals?
    15. The Commission seeks comment on its belief that is has 
authority pursuant to section 303 of the Act to require CMRS providers 
to terminate service to contraband wireless devices. The Commission 
also seeks comment on the possible effectiveness of voluntary carrier 
participation in an industry wide effort to terminate service to 
contraband wireless devices.

Applicability of Prohibitions on Intercepting and Publishing 
Communications and on the Use of Pen Register and Trap and Trace 
Devices

    16. The Commission seeks comment on the extent to which providers 
or operators of managed access or detection systems comply with section 
705 of the Act if they divulge or publish the existence of a 
communication for the purpose of operating the system, and whether such 
providers or operators are entitled to receive communications under 
section 705 of the Act. The Commission also seeks comment on whether 
any of the proposals regarding detection and managed access systems 
would implicate the pen registers and trap and trace devices chapter of 
Title 18 of the U.S.C. and, to the extent that a proposal would 
implicate that chapter, could the consent exception nevertheless permit 
operation of a device?

Other Technological Solutions

    17. Although the Commission does not propose any measures beyond 
those designed to facilitate the use and improve the efficacy of 
managed access and detection systems for addressing the problem of 
contraband wireless devices in correctional facilities, the Commission 
invites comment on other technological solutions, whether discussed in 
previously filed documents summarized in the NPRM, or set out in 
comments filed in response to the NPRM.

Initial Regulatory Flexibility Act Analysis

    18. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in the NPRM. Written public comments are requested on the 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines indicated in the DATES section of this document. 
The Commission will send a copy of the NPRM, including this IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration.

Need for, and Objectives of, the Proposed Rules

    19. The rules proposed in the NPRM are necessary to improve the 
viability of different technologies used to combat contraband wireless 
devices in correctional facilities. Prisoners can use contraband 
wireless devices to engage in criminal activity such as arranging the 
delivery of contraband drugs or other goods, transmitting information 
on prison staff to or from non-inmates, and harassing witnesses or 
other individuals. These activities threaten the safety of prison 
employees, other prisoners, and the general public.
    20. The proposed rules seek to improve the viability of 
technologies that detect wireless devices in correctional facilities 
and that can block transmissions to or from unauthorized wireless 
devices in correctional facilities. First, the Commission proposes to 
streamline the process for approving or accepting spectrum lease 
applications or notifications for spectrum leases entered into for 
managed access systems used in correctional facilities under its 
leasing procedures in part 1 of its rules. Second, the Commission 
proposes to require CMRS providers to terminate service to contraband 
wireless devices in correctional facilities that have been identified 
by a detection system. While not proposing any rule or process changes 
with respect to other possible wireless device interdiction 
technologies, the Commission seeks comment on other possible solutions.

Legal Basis

    21. The legal basis for any action that may be taken pursuant to 
the NPRM is contained in sections 2, 4(i), 4(j), 301, 302, 303, 307, 
308, 309, 310, and 332 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 154(i), 154(j), 301, 302a, 303, 307, 308, 309, 310, 
and 332.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    22. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that will be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. Under the Small Business Act, a ``small business concern'' is one 
that: 1) is independently owned and operated; 2) is not dominant in its 
field of operation; and 3) meets any additional criteria established by 
the SBA.

[[Page 36473]]

    23. Small Businesses. Nationwide, there are a total of 
approximately 27.5 million small businesses, according to the SBA.
    24. Wired Telecommunications Carriers. The SBA has developed a 
small business size standard for Wired Telecommunications Carriers, 
which consists of all such companies having 1,500 or fewer employees. 
According to Census Bureau data for 2007, there were 3,188 firms in 
this category, total, that operated for the entire year. Of this total, 
3144 firms had employment of 999 or fewer employees, and 44 firms had 
employment of 1000 employees or more. Thus, under this size standard, 
the majority of firms can be considered small.
    25. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to interexchange services. The closest applicable size 
standard under SBA rules is for Wired Telecommunications Carriers. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees. According to Commission data, 359 companies reported 
that their primary telecommunications service activity was the 
provision of interexchange services. Of these 359 companies, an 
estimated 317 have 1,500 or fewer employees and 42 have more than 1,500 
employees. Consequently, the Commission estimates that the majority of 
interexchange service providers are small entities that may be affected 
by rules adopted pursuant to the NPRM.
    26. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees. According to Commission data, 213 carriers have reported 
that they are engaged in the provision of local resale services. Of 
these, an estimated 211 have 1,500 or fewer employees and two have more 
than 1,500 employees. Consequently, the Commission estimates that the 
majority of local resellers are small entities that may be affected by 
rules adopted pursuant to the NPRM.
    27. Toll Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. Under that 
size standard, such a business is small if it has 1,500 or fewer 
employees. According to Commission data, 881 carriers have reported 
that they are engaged in the provision of toll resale services. Of 
these, an estimated 857 have 1,500 or fewer employees and 24 have more 
than 1,500 employees. Consequently, the Commission estimates that the 
majority of toll resellers are small entities that may be affected by 
rules adopted pursuant to the NPRM.
    28. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a size standard for small businesses specifically applicable 
to Other Toll Carriers. This category includes toll carriers that do 
not fall within the categories of interexchange carriers, operator 
service providers, prepaid calling card providers, satellite service 
carriers, or toll resellers. The closest applicable size standard under 
SBA rules is for Wired Telecommunications Carriers. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 284 companies reported that their primary 
telecommunications service activity was the provision of other toll 
carriage. Of these, an estimated 279 have 1,500 or fewer employees and 
five have more than 1,500 employees. Consequently, the Commission 
estimates that most Other Toll Carriers are small entities that may be 
affected by the rules and policies adopted pursuant to the NPRM.
    29. 800 and 800-Like Service Subscribers. Neither the Commission 
nor the SBA has developed a small business size standard specifically 
for 800 and 800-like service (toll free) subscribers. The appropriate 
size standard under SBA rules is for the category Telecommunications 
Resellers. Under that size standard, such a business is small if it has 
1,500 or fewer employees. The most reliable source of information 
regarding the number of these service subscribers appears to be data 
the Commission collects on the 800, 888, 877, and 866 numbers in use. 
According to the Commission's data, as of September 2009, the number of 
800 numbers assigned was 7,860,000; the number of 888 numbers assigned 
was 5,588,687; the number of 877 numbers assigned was 4,721,866; and 
the number of 866 numbers assigned was 7,867,736. The Commission does 
not have data specifying the number of these subscribers that are not 
independently owned and operated or have more than 1,500 employees, and 
thus are unable at this time to estimate with greater precision the 
number of toll free subscribers that would qualify as small businesses 
under the SBA size standard. Consequently, the Commission estimates 
that there are 7,860,000 or fewer small entity 800 subscribers; 
5,588,687 or fewer small entity 888 subscribers; 4,721,866 or fewer 
small entity 877 subscribers; and 7,867,736 or fewer small entity 866 
subscribers.
    30. Wireless Telecommunications Carriers (except Satellite). Since 
2007, the SBA has recognized wireless firms within this new, broad, 
economic census category. Prior to that time, such firms were within 
the now-superseded categories of Paging and Cellular and Other Wireless 
Telecommunications. Under the present and prior categories, the SBA has 
deemed a wireless business to be small if it has 1,500 or fewer 
employees. For this category, census data for 2007 show that there were 
1,383 firms that operated for the entire year. Of this total, 1,368 
firms had employment of 999 or fewer employees and 15 had employment of 
1000 employees or more. Similarly, according to Commission data, 413 
carriers reported that they were engaged in the provision of wireless 
telephony, including cellular service, Personal Communications Service 
(PCS), and Specialized Mobile Radio (SMR) Telephony services. Of these, 
an estimated 261 have 1,500 or fewer employees and 152 have more than 
1,500 employees. Consequently, the Commission estimates that 
approximately half or more of these firms can be considered small. 
Thus, using available data, the Commission estimates that the majority 
of wireless firms can be considered small.
    31. Broadband Personal Communications Service. The broadband 
personal communications service (PCS) spectrum is divided into six 
frequency blocks designated A through F, and the Commission has held 
auctions for each block. The Commission defined ``small entity'' for 
Blocks C and F as an entity that has average gross revenues of $40 
million or less in the three previous calendar years. For Block F, an 
additional classification for ``very small business'' was added and is 
defined as an entity that, together with its affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years. These standards defining ``small entity'' in the 
context of broadband PCS auctions have been approved by the SBA. No 
small businesses, within the SBA-approved small business size standards 
bid successfully for licenses in Blocks A and B. There were 90 winning 
bidders that qualified as small entities in the Block C auctions. A 
total of 93 small and very small business bidders won approximately 40 
percent of the 1,479 licenses for Blocks D, E, and F. In 1999, the 
Commission re-auctioned 347 C, E, and F Block licenses. There were 48 
small business winning bidders. In

[[Page 36474]]

2001, the Commission completed the auction of 422 C and F Broadband PCS 
licenses in Auction 35. Of the 35 winning bidders in this auction, 29 
qualified as ``small'' or ``very small'' businesses. Subsequent events, 
concerning Auction 35, including judicial and agency determinations, 
resulted in a total of 163 C and F Block licenses being available for 
grant. In 2005, the Commission completed an auction of 188 C block 
licenses and 21 F block licenses in Auction 58. There were 24 winning 
bidders for 217 licenses. Of the 24 winning bidders, 16 claimed small 
business status and won 156 licenses. In 2007, the Commission completed 
an auction of 33 licenses in the A, C, and F Blocks in Auction 71. Of 
the 14 winning bidders, six were designated entities. In 2008, the 
Commission completed an auction of 20 Broadband PCS licenses in the C, 
D, E and F block licenses in Auction 78.
    32. Advanced Wireless Services. In 2008, the Commission conducted 
the auction of Advanced Wireless Services (AWS) licenses. This auction, 
which as designated as Auction 78, offered 35 licenses in the AWS 1710-
1755 MHz and 2110-2155 MHz bands (AWS-1). The AWS-1 licenses were 
licenses for which there were no winning bids in Auction 66. That same 
year, the Commission completed Auction 78. A bidder with attributed 
average annual gross revenues that exceeded $15 million and did not 
exceed $40 million for the preceding three years (``small business'') 
received a 15 percent discount on its winning bid. A bidder with 
attributed average annual gross revenues that did not exceed $15 
million for the preceding three years (``very small business'') 
received a 25 percent discount on its winning bid. A bidder that had 
combined total assets of less than $500 million and combined gross 
revenues of less than $125 million in each of the last two years 
qualified for entrepreneur status. Four winning bidders that identified 
themselves as very small businesses won 17 licenses. Three of the 
winning bidders that identified themselves as a small business won five 
licenses. Additionally, one other winning bidder that qualified for 
entrepreneur status won 2 licenses.
    33. Specialized Mobile Radio. The Commission awards small business 
bidding credits in auctions for Specialized Mobile Radio (SMR) 
geographic area licenses in the 800 MHz and 900 MHz bands to entities 
that had revenues of no more than $15 million in each of the three 
previous calendar years. The Commission awards very small business 
bidding credits to entities that had revenues of no more than $3 
million in each of the three previous calendar years. The SBA has 
approved these small business size standards for the 800 MHz and 900 
MHz SMR Services. The Commission has held auctions for geographic area 
licenses in the 800 MHz and 900 MHz bands. The 900 MHz SMR auction was 
completed in 1996. Sixty bidders claiming that they qualified as small 
businesses under the $15 million size standard won 263 geographic area 
licenses in the 900 MHz SMR band. The 800 MHz SMR auction for the upper 
200 channels was conducted in 1997. Ten bidders claiming that they 
qualified as small businesses under the $15 million size standard won 
38 geographic area licenses for the upper 200 channels in the 800 MHz 
SMR band. A second auction for the 800 MHz band was conducted in 2002 
and included 23 BEA licenses. One bidder claiming small business status 
won five licenses.
    34. The auction of the 1,053 800 MHz SMR geographic area licenses 
for the General Category channels was conducted in 2000. Eleven bidders 
won 108 geographic area licenses for the General Category channels in 
the 800 MHz SMR band qualified as small businesses under the $15 
million size standard. In an auction completed in 2000, a total of 
2,800 Economic Area licenses in the lower 80 channels of the 800 MHz 
SMR service were awarded. Of the 22 winning bidders, 19 claimed small 
business status and won 129 licenses. Thus, combining all three 
auctions, 40 winning bidders for geographic licenses in the 800 MHz SMR 
band claimed status as small business.
    35. In addition, there are numerous incumbent site-by-site SMR 
licensees and licensees with extended implementation authorizations in 
the 800 and 900 MHz bands. The Commission does not know how many firms 
provide 800 MHz or 900 MHz geographic area SMR pursuant to extended 
implementation authorizations, nor how many of these providers have 
annual revenues of no more than $15 million. One firm has over $15 
million in revenues. In addition, we do not know how many of these 
firms have 1500 or fewer employees. The Commission assumes, for 
purposes of this analysis, that all of the remaining existing extended 
implementation authorizations are held by small entities, as that small 
business size standard is approved by the SBA.
    36. Lower 700 MHz Band Licenses. The Commission previously adopted 
criteria for defining three groups of small businesses for purposes of 
determining their eligibility for special provisions such as bidding 
credits. The Commission defined a ``small business'' as an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues not exceeding $40 million for the preceding three years. 
A ``very small business'' is defined as an entity that, together with 
its affiliates and controlling principals, has average gross revenues 
that are not more than $15 million for the preceding three years. 
Additionally, the Lower 700 MHz Band had a third category of small 
business status for Metropolitan/Rural Service Area (MSA/RSA) licenses, 
identified as ``entrepreneur'' and defined as an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues that are not more than $3 million for the preceding three 
years. The SBA approved these small size standards. The Commission 
conducted an auction in 2002 of 740 Lower 700 MHz Band licenses (one 
license in each of the 734 MSAs/RSAs and one license in each of the six 
Economic Area Groupings (EAGs)). Of the 740 licenses available for 
auction, 484 licenses were sold to 102 winning bidders. Seventy-two of 
the winning bidders claimed small business, very small business or 
entrepreneur status and won a total of 329 licenses. The Commission 
conducted a second Lower 700 MHz Band auction in 2003 that included 256 
licenses: 5 EAG licenses and 476 Cellular Market Area licenses. 
Seventeen winning bidders claimed small or very small business status 
and won 60 licenses, and nine winning bidders claimed entrepreneur 
status and won 154 licenses. In 2005, the Commission completed an 
auction of 5 licenses in the Lower 700 MHz Band, designated Auction 60. 
There were three winning bidders for five licenses. All three winning 
bidders claimed small business status.
    37. In 2007, the Commission reexamined its rules governing the 700 
MHz band in the 700 MHz Second Report and Order, at 72 FR 48814, Aug. 
24, 2007. The 700 MHz Second Report and Order revised the band plan for 
the commercial (including Guard Band) and public safety spectrum, 
adopted services rules, including stringent build-out requirements, an 
open platform requirement on the C Block, and a requirement on the D 
Block licensee to construct and operate a nationwide, interoperable 
wireless broadband network for public safety users. An auction of A, B 
and E block licenses in the Lower 700 MHz band was held in 2008. Twenty 
winning bidders claimed small business status (those with

[[Page 36475]]

attributable average annual gross revenues that exceed $15 million and 
do not exceed $40 million for the preceding three years). Thirty three 
winning bidders claimed very small business status (those with 
attributable average annual gross revenues that do not exceed $15 
million for the preceding three years). In 2011, the Commission 
conducted Auction 92, which offered 16 Lower 700 MHz band licenses that 
had been made available in Auction 73 but either remained unsold or 
were licenses on which a winning bidder defaulted. Two of the seven 
winning bidders in Auction 92 claimed very small business status, 
winning a total of four licenses.
    38. Upper 700 MHz Band Licenses. In the 700 MHz Second Report and 
Order, the Commission revised its rules regarding Upper 700 MHz band 
licenses. In 2008, the Commission conducted Auction 73 in which C and D 
block licenses in the Upper 700 MHz band were available. Three winning 
bidders claimed very small business status (those with attributable 
average annual gross revenues that do not exceed $15 million for the 
preceding three years).
    39. Satellite Telecommunications. Since 2007, the SBA has 
recognized satellite firms within this revised category, with a small 
business size standard of $15 million. The most current Census Bureau 
data are from the economic census of 2007, and we will use those 
figures to gauge the prevalence of small businesses in this category. 
Those size standards are for the two census categories of ``Satellite 
Telecommunications'' and ``Other Telecommunications.'' Under the 
``Satellite Telecommunications'' category, a business is considered 
small if it had $15 million or less in average annual receipts. Under 
the ``Other Telecommunications'' category, a business is considered 
small if it had $25 million or less in average annual receipts.
    40. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2007 show that there were a total of 512 firms that 
operated for the entire year. Of this total, 464 firms had annual 
receipts of under $10 million, and 18 firms had receipts of $10 million 
to $24,999,999. Consequently, the Commission estimates that the 
majority of Satellite Telecommunications firms are small entities that 
might be affected by rules adopted pursuant to the NPRM.
    41. The second category of Other Telecommunications ``primarily 
engaged in providing specialized telecommunications services, such as 
satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from, satellite systems. Establishments providing Internet services or 
voice over Internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry.'' 
For this category, Census Bureau data for 2007 show that there were a 
total of 2,383 firms that operated for the entire year. Of this total, 
2,346 firms had annual receipts of under $25 million. Consequently, the 
Commission estimates that the majority of Other Telecommunications 
firms are small entities that might be affected by the NPRM.
    42. Other Communications Equipment Manufacturing. The Census Bureau 
defines this category to include: ``establishments primarily engaged in 
manufacturing communications equipment (except telephone apparatus, and 
radio and television broadcast, and wireless communications 
equipment).'' In this category, the SBA deems a business manufacturing 
other communications equipment to be small if it has 750 or fewer 
employees. For this category of manufacturers, Census data for 2007 
show that there were 452 establishments that operated that year. Of the 
452 establishments, 4 had 500 or greater employees. Accordingly, the 
Commission estimates that a substantial majority of the manufacturers 
of equipment used to provide interoperable and other video-conferencing 
services are small.
    43. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing which is: all such firms having 
750 or fewer employees. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. Of this total, 17 had 1,000 or more 
employees and 27 had 500 or more employees. Thus, under this size 
standard, the majority of firms can be considered small.
    44. Engineering Services. The Census Bureau defines this category 
to include: ``establishments primarily engaged in applying physical 
laws and principles of engineering in the design, development, and 
utilization of machines, materials, instruments, structures, process, 
and systems.'' The SBA deems engineering services firms to be small if 
they have $4.5 million or less in annual receipts, except military and 
aerospace equipment and military weapons engineering establishments are 
deemed small if they have $27 million or less an annual receipts. 
According to Census Bureau data for 2007, there were 58,391 
establishments in this category that operated the full year. Of the 
58,391 establishments, 5,943 had $5 million or greater in receipts and 
2,892 had $10 million or more in annual receipts. Accordingly, the 
Commission estimates that a majority of engineering service firms are 
small.
    45. Search, Detection, Navigation, Guidance, Aeronautical, and 
Nautical System Instrument Manufacturing. The Census Bureau defines 
this category to include ``establishments primarily engaged in 
manufacturing direction, navigation, guidance, aeronautical, and 
nautical systems and instruments.'' The SBA deems Search, Detection, 
Navigation, Guidance, Aeronautical, and Nautical and Instrument 
Manufacturing firms to be small if they have 750 or fewer employees. 
According to Census Bureau data for 2007, there were 647 establishments 
in operation in that year. Of the 647 establishments, 36 had 1,000 or 
more employees, and 50 had 500 or more employees. Accordingly, the 
Commission estimates that a majority of firms in this category are 
small.
    46. Security Guards and Patrol Services. The Census Bureau defines 
this category to include ``establishments primarily engaged in 
providing guard and patrol services.'' The SBA deems security guards 
and patrol services firms to be small if they have $18.5 million or 
less in annual receipts. According to

[[Page 36476]]

Census Bureau data for 2007, there were 9,198 establishments in 
operation the full year. Of the 9,198 establishments, 355 had greater 
than $10 million in annual receipts. Accordingly, the Commission 
estimates that a majority of firms in this category are small.
    47. All Other Support Services. The Census Bureau defines this 
category to include ``establishments primarily engaged in providing 
day-to-day business and other organizations support services.'' The SBA 
deems all other support services firms to be small if they have $7 
million or less in annual receipts. According to Census Bureau data for 
2007, there were 14,539 establishments in operation the full year. Of 
the 14,539 establishments, 273 had $10 million or more in annual 
receipts, and 639 had $5 million or greater in annual receipts. 
Accordingly, the Commission estimates that a majority of firms in this 
category are small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities

    48. In the NPRM, the Commission seeks comment regarding rule 
changes to improve the viability of technologies used to combat 
contraband wireless devices in correctional facilities. The rules are 
prospective in that they only apply if an entity avails itself of 
managed access or detection technologies. There are two classes of 
small entities that may be impacted; providers of wireless services, 
and providers or operators of managed access or detection systems used 
in correctional facilities.
    49. The proposed rules streamline the process for leasing spectrum 
to be used in a managed access system in correctional facilities, and 
require CMRS providers to terminate service to identified contraband 
wireless devices. With respect to rule changes to streamline the 
spectrum leasing process for managed access systems, the proposed rules 
do not directly impose any new recordkeeping requirements. To the 
extent that filing a form seeking approval or providing notification of 
a lease entered into for a managed access system is a reporting 
requirement, the proposed rules streamline reporting requirements.
    50. Under current rules, the licensee and lessee of spectrum must 
file Form 608 seeking approval or providing notification of a lease. 
Due to existing leasing rules intended to protect competition, any 
lease notification or application for a managed access system filed 
after the first will likely result in a protracted application or 
notification review, because subsequent applications or notifications 
will be for spectrum covering identical geographic areas that could be 
used to provide an interconnected mobile service.
    51. The Commission's proposed rule changes streamline the 
application review process by allowing entities to certify that the 
application or notification is for a managed access system in a state 
or local correctional facility. The proposed rules will require 
entities to attach a new certification explaining the nature of the 
managed access system, including the location of the correctional 
facility, the lessee's relationship to the correctional facility, and 
the exact coordinates of the leased spectrum boundaries. While this may 
qualify as a reporting requirement, absent the rule lessees would still 
be required to identify the specific coordinates of the leased spectrum 
area in an attachment to Form 608. Therefore, to the extent this 
qualifies as a reporting requirement, the impact is neutral, if not 
positive.
    52. The proposed rules will streamline the filing requirements for 
managed access providers that seek to modify the lease to indicate that 
the service offering is a PMRS. Under current processes, the lessee is 
presumed to be offering the same services as the licensee, and in 
managed access leases, the lessor likely provides a CMRS. Therefore, to 
modify the service offering to PMRS, the lessee must first file a lease 
application, and once the lease application is approved, it has to file 
to modify the lease to establish that the service is PMRS. Under the 
proposal in the NPRM, managed access leases would presumptively be 
PMRS, thereby eliminating the need to file a modification.
    53. The NPRM also seeks comment on whether to require the managed 
access provider to provide notice to the households or businesses 
surrounding a correctional facility prior to activating the system. If 
the Commission adopts this requirement, it would be a new obligation 
that would consume some level of resources to identify the relevant 
households or businesses, generate a notice letter, mail the letter, 
and provide staff for any possible responses to the letter.
    54. The proposed rules governing detection systems may impose new 
recordkeeping requirements and will impose new compliance requirements 
for CMRS providers and operators of detection systems. The proposed 
rules will require CMRS providers to terminate service to identified 
contraband wireless devices in correctional facilities. To the extent 
that any correctional facility installs and operates a system that can 
identify the relevant information necessary to terminate service to an 
identified contraband wireless device--therefore triggering CMRS 
providers' obligations--CMRS providers would have to implement some 
type of internal process to terminate service to the contraband 
devices. This will likely require the allocation of resources to create 
the system, including some level of additional staffing necessary to 
meet the obligations under this requirement.
    55. Additionally, the Commission seeks comment on the process for 
transmitting termination requests, including how the information that 
must be included in a termination request. It is possible that an 
outgrowth of the questions asked and responses received could result in 
specific requirements for the form in which the request is transmitted, 
including the type of information that is required. This may also 
require some level of recordkeeping to ensure that service to 
contraband devices, and not to legitimate devices, is terminated. To 
the extent the rules do impose these requirements, they will be 
necessary to ensure that legitimate wireless users are not impacted by 
operation of the system, which should be the minimum performance 
objective for any detection system. Therefore, while a specific form in 
which the termination request must be transmitted may impose some 
compliance or recordkeeping obligations, they are a necessary predicate 
for the operation of a detection system.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    56. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    57. The proposed rules govern systems and technologies that are not 
widely deployed in the marketplace. To date, only two managed access 
system that have received Commission

[[Page 36477]]

authorization or approval are operational. Similarly, while there are 
detection systems in active use in correctional facilities, there are 
no current rules that require CMRS providers to terminate service to 
contraband devices identified by detection systems.
    58. The Commission seeks comment on the impact of some of its 
proposals, specifically with respect to the proposal to require CMRS 
providers to terminate service to identified contraband wireless 
devices, on small businesses. Commenters are asked whether small 
entities face any special or unique issues with respect to terminating 
service to devices, and whether they would require additional time to 
take such action.
    59. Historically, the Commission's license applications are not 
modified for small entities, and the Commission does not propose to do 
so in the NPRM for the proposed modification of Form 608 for managed 
access leases. Sections 308, 309, and 310(d) of the Act require the 
Commission to determine whether licensing transactions are in the 
public interest. This analysis requires the same type of information 
regardless of the size of the entity.
    60. The NPRM, while it discusses at length the general design of 
managed access and detection systems, does not directly require or 
propose to require any specific design standard. However, the NPRM does 
ask whether a specific performance standard may be necessary to ensure 
the accuracy of detection systems. The NPRM asks whether the standard 
should differ between rural and urban areas, or between large and small 
detection system providers or operators.
    61. The NPRM does not propose any exemption for small entities. The 
Commission finds an overriding public interest in preventing the 
illicit use of contraband wireless devices by prisoners to perpetuate 
criminal enterprises, and a strong public interest obligation for the 
transfer of spectrum rights. Managed access providers must meet the 
necessary filing requirements for the Commission to meet its 
obligations under the Act. Further, to the extent that a small entity 
could be exempt from the proposed service termination requirement, it 
would reduce the overall effectiveness of a detection system. If 
inmates discover that a wireless provider whose service area includes 
the correctional facility does not terminate service to found devices 
within the facility, inmates will accordingly use only that service.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    62. The NPRM seeks comment on the application and relevance of 
section 705 of the Act and Title 18 of the U.S. Code.

Ordering Clauses

    63. Pursuant to the authority contained in sections 1, 2, 4(i), 
4(j), 301, 302, 303, 307, 308, 309, 310, and 332 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 301, 302a, 
303, 307, 308, 309, 310, and 332, the NPRM IS ADOPTED.
    64. Pursuant to the authority contained in sections 1, 2, 4(i), 
4(j), 301, and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 152, 154(i), 154(j), 301, 303, and sections 1.2 and 1.407 
of the Commission's rules, 47 CFR 1.2, 1.407, the petitions listed in 
the caption of the NPRM are granted to the extent indicated herein, and 
otherwise denied.
    65. The Commission's Consumer & Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the NPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Parts 1 and 20

    Administrative practice and procedure, Communications common 
carriers, Radio, Reporting and recordkeeping requirements, 
Telecommunications, Commercial mobile radio service.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1 and 20 as 
follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), and 309, Cable Landing License Act of 
1921, 47 U.S.C. 35-39, and the Middle Class Tax Relief and Job 
Creation Act of 2012, Pub. L. 112-96.
0
2. Amend Sec.  1.931 by revising paragraph (a)(1) and adding paragraph 
(a)(2)(v) to read as follows:


Sec.  1.931  Application for special temporary authority.

    (a) Wireless Telecommunications Services. (1) In circumstances 
requiring immediate or temporary use of station in the Wireless 
Telecommunications Services, carriers may request special temporary 
authority (STA) to operate new or modified equipment. Such requests 
must be filed electronically using FCC Form 601 and must contain 
complete details about the proposed operation and the circumstances 
that fully justify and necessitate the grant of STA. Such requests 
should be filed in time to be received by the Commission at least 10 
days prior to the date of proposed operation or, where an extension is 
sought, 10 days prior to the expiration date of the existing STA. 
Requests received less than 10 days prior to the desired date of 
operation may be given expedited consideration only if compelling 
reasons are given for the delay in submitting the request. Otherwise, 
such late-filed requests are considered in turn, but action might not 
be taken prior to the desired date of operation. Requests for STA for 
operation of a station used in a managed access system, as defined in 
Sec.  1.9003 (47 CFR 1.9003), may be received one day prior to the 
desired date of operation. Requests for STA must be accompanied by the 
proper filing fee.
    (2) * * *
    (v) The STA is for operation of a station used in a managed access 
system, as defined in Sec.  1.9003.
0
3. Amend Sec.  1.9003 by adding the definition Managed access system in 
alphabetical order to read as follows:


Sec.  1.9003  Definitions.

* * * * *
    Managed access system. A managed access system is a system 
comprised of one or more stations operating under a license, or lease 
arrangement entered into exclusively for the operation of such system, 
and is used in a correctional facility exclusively to prevent 
transmissions to or from unauthorized wireless devices within the 
boundaries of the facility.
* * * * *
0
4. Amend Sec.  1.9020 by revising paragraph (e)(2) introductory text, 
redesignating paragraphs (e)(2)(ii) and (e)(2)(iii) as paragraphs 
(e)(2)(iii) and (e)(2)(iv), respectively, and adding new paragraph 
(e)(2)(ii) to read as follows:


Sec.  1.9020  Spectrum manager leasing arrangements.

* * * * *
    (e) * * *
    (2) Immediate processing procedures. Notifications that meet the 
requirements of paragraph (e)(2)(i) of this section, and notifications 
for managed access systems as defined in Sec.  1.9003 that meet the 
requirements of paragraph (e)(2)(ii)

[[Page 36478]]

of this section, qualify for the immediate processing procedures.
* * * * *
    (ii) A lessee of spectrum used in a managed access system qualifies 
for these immediate processing procedures if the notification is 
sufficiently complete and contains all necessary information and 
certifications (including those relating to eligibility, basic 
qualifications, and foreign ownership) required for notifications 
processed under the general notification procedures set forth in 
paragraph (e)(1)(i) of this section, and must not require a waiver of, 
or declaratory ruling pertaining to, any applicable Commission rules.
* * * * *
0
5. Amend Sec.  1.9030 by revising paragraph (e)(2) introductory text, 
redesignating paragraphs (e)(2)(ii) and (e)(2)(iii) as paragraphs 
(e)(2)(iii) and (e)(2)(iv), respectively, and adding new paragraph 
(e)(2)(ii) to read as follows:


Sec.  1.9030  Long-term de facto transfer leasing arrangements.

* * * * *
    (e) * * *
    (2) Immediate processing procedures. Applications that meet the 
requirements of paragraph (e)(2)(i) of this section, and notifications 
for managed access systems as defined in Sec.  1.9003 that meet the 
requirements of paragraph (e)(2)(ii) of this section, qualify for the 
immediate approval procedures.
* * * * *
    (ii) A lessee of spectrum used in a managed access system qualifies 
for these immediate approval procedures if the notification is 
sufficiently complete and contains all necessary information and 
certifications (including those relating to eligibility, basic 
qualifications, and foreign ownership) required for notifications 
processed under the general notification procedures set forth in 
paragraph (e)(1)(i) of this section, and must not require a waiver of, 
or declaratory ruling pertaining to, any applicable Commission rules.
* * * * *

PART 20--COMMERCIAL MOBILE RADIO SERVICES

0
6. The authority citation for part 20 continues to read as follows:

    Authority:  47 U.S.C. 154, 160, 201, 251-254, 301, 303, 316 and 
332 unless otherwise noted. Section 20.12 is also issued under 47 
U.S.C. 1302.

0
7. Amend Sec.  20.9 by revising paragraph (b) introductory text, and 
adding paragraph (d), to read as follows:


Sec.  20.9  Commercial mobile radio service.

* * * * *
    (b) Except as set forth in paragraph (d) of this section, licensees 
of a Personal Communications Service or applicants for a Personal 
Communications Service license, and VHF Public Coast Station geographic 
area licensees or applicants, and Automated Maritime Telecommunications 
System (AMTS) licensees or applicants, proposing to use any Personal 
Communications Service, VHF Public Coast Station, or AMTS spectrum to 
offer service on a private mobile radio service basis must overcome the 
presumption that Personal Communications Service, VHF Public Coast, and 
AMTS Stations are commercial mobile radio services.
* * * * *
    (d)(1) A service provided over a managed access system, as defined 
in Sec.  1.9003 of this chapter, is presumed to be a private mobile 
radio service;
    (2) A party providing service over a managed access system, as 
defined in Sec.  1.9003 of this chapter, may seek to overcome the 
presumption that such service is a private mobile radio service by 
attaching a certification to a lease application or notification 
certifying that the mobile service in question meets the definition of 
commercial mobile radio service, or the mobile service in question is 
the functional equivalent of a service that meets the definition of a 
commercial mobile radio service. The party may also seek to overcome 
the presumption through the process set forth in paragraph (a)(14)(ii) 
of this section.
0
8. Add Sec.  20.22 to read as follows:


Sec.  20.22  Service termination upon notice of an unauthorized user.

    CMRS providers are required to terminate service to any device 
identified by a qualifying authority as unauthorized within the 
confines of a correctional facility.

[FR Doc. 2013-14405 Filed 6-17-13; 8:45 am]
BILLING CODE 6712-01-P