Promoting Technological Solutions to Combat Contraband Wireless Devices in Correctional Facilities, 48773-48774 [2017-22635]
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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations
prohibited by law, to identify at least
two existing regulations to be repealed
when the agency publicly proposes for
notice and comment, or otherwise
promulgates, a new regulation. In
furtherance of this requirement, section
2(c) of Executive Order 13771 requires
that the new incremental costs
associated with new regulations shall, to
the extent permitted by law, be offset by
the elimination of existing costs
associated with at least two prior
regulations. OMB’s interim guidance,
issued on April 5, 2017, https://
www.whitehouse.gov/the-press-office/
2017/04/05/memorandumimplementing-executive-order-13771titled-reducing-regulation, explains that
for Fiscal Year 2017 the above
requirements only apply to each new
‘‘significant regulatory action that
imposes costs.’’ It has been determined
that this final rule is not a ‘‘significant
regulatory action thus does not trigger
the above requirements of Executive
Order 13771.
Dated: August 24, 2017.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
List of Subjects in 42 CFR Part 493
AGENCY:
Administrative practice and
procedure, Grant programs—health,
Health facilities, Laboratories, Medicaid,
Medicare, Penalties, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services amends 42 CFR part
493 as set forth below:
PART 493—LABORATORY
REQUIREMENTS
1. The authority citation for part 493
continues to read as follows:
■
Authority: Sec. 353 of the Public Health
Service Act, secs. 1102, 1861(e), the sentence
following sections 1861(s)(11) through
1861(s)(16) of the Social Security Act (42
U.S.C. 263a, 1302, 1395x(e), the sentence
following 1395x(s)(11) through 1395x(s)(16)),
and the Pub. L. 112–202 amendments to 42
U.S.C. 263a.
2. Section 493.15 is amended by
revising paragraph (c)(2) to read as
follows:
■
§ 493.15
tests.
Laboratories performing waived
nlaroche on DSK9F9SC42PROD with RULES
*
*
*
*
*
(c) * * *
(2) Fecal occult blood-non-automated;
*
*
*
*
*
Dated: October 5, 2017.
Anne Schuchat,
RADM, U.S. Public Health Service, Principal
Deputy Director, Centers for Disease Control
and Prevention.
Dated: October 12, 2017.
Eric D. Hargan,
Acting Secretary, Department of Health and
Human Services.
[FR Doc. 2017–22813 Filed 10–19–17; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 20
[GN Docket No. 13–111; FCC 17–25]
Promoting Technological Solutions to
Combat Contraband Wireless Devices
in Correctional Facilities
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Report and Order,
FCC 17–25. This document is consistent
with the Report and Order, which stated
that the Commission would publish a
document in the Federal Register
announcing OMB approval of the
information collection requirement and
the relevant effective date of the rules.
DATES: The rule amendments to 47 CFR
1.9020(n), 1.9030(m), 1.9035(o), and
20.23(a), published at 82 FR 22742, May
18, 2017, which required OMB
approval, are effective on October 20,
2017. The rule amendments to (1) 47
CFR 1.9020(d)(8), 1.9030(d)(8),
1.9035(d)(4), and 20.18(a), which did
not require OMB approval; and (2) 47
CFR 20.18(r), which required OMB
approval, published at 82 FR 22742,
May 18, 2017, are effective on February
12, 2018.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Cathy
Williams by email at Cathy.Williams@
fcc.gov and telephone at (202) 418–
2918.
SUMMARY:
This
document announces that, on October 2,
2017, OMB approved the information
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
14:59 Oct 19, 2017
Jkt 244001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
48773
collection requirement contained in the
Commission’s Report and Order, FCC
17–25, published at 82 FR 22742, May
18, 2017. The OMB Control Number is
3060–1243. The Commission publishes
this document as an announcement of
the effective dates of the rules. Note that
the rules effective on February 12, 2018,
as listed above, are effective on that date
pursuant to the Report and Order,
paragraph 142, the date 270 days after
publication of the text or a summary
thereof in the Federal Register. If you
have any comments on the burden
estimates listed below, or how the
Commission can improve the collection
and reduce any burdens caused thereby,
please contact Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street SW., Washington,
DC 20554. Please include the OMB
Control Number 3060–1243 in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
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).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received final OMB approval on
October 2, 2017, for the information
collection requirement contained in 47
CFR 1.9020(n), 1.9030(m), 1.9035(o),
20.18, and 20.23(a), as amended in the
Commission’s Report and Order, FCC
17–25.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the Paperwork
Reduction Act that does not display a
current, valid OMB Control Number.
The OMB Control Number is 3060–
1243.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507. The total annual
reporting burdens and costs for the
respondents are as follows:
OMB Control Number: 3060–1243.
OMB Approval Date: October 2, 2017.
OMB Expiration Date: October 31,
2020.
Title: Sections 1.9020(n), 1.9030(m),
1.9035(o), Community notification
requirement for certain contraband
E:\FR\FM\20OCR1.SGM
20OCR1
nlaroche on DSK9F9SC42PROD with RULES
48774
Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations
interdiction systems; Section 20.18(r),
Contraband Interdiction System (CIS)
requirement; Section 20.23(a), good
faith negotiations.
Form Number: N/A.
Respondents: Businesses or other for
profit entities and state, local or Tribal
Governments.
Number of Respondents and
Responses: 26 respondents and 28
responses.
Estimated Time per Response: 8–16
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: There is no
obligation to respond; response required
to obtain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 152, 154(i), 154(j), 301,
302a, 303, 307, 308, 309, 310, and 332.
Total Annual Burden: 325 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act: No impact(s).
Needs and Uses: On March 24, 2017,
the Federal Communications
Commission released a Report and
Order, Promoting Technological
Solutions to Combat Contraband
Wireless Devices in Correctional
Facilities, GN Docket No. 13–111, FCC
17–25 (Report and Order), in which the
Commission took important steps to
help law enforcement combat the
serious threats posed by the illegal use
of contraband wireless devices by
inmates. Across the country, inmates
have used contraband devices to order
hits, run drug operations, operate phone
scams, and otherwise engage in criminal
activity that endangers prison
employees, other inmates, and innocent
members of the public. In the Report
and Order, the Commission streamlined
the process of deploying contraband
wireless device interdiction systems—
systems that use radio communications
signals requiring Commission
authorization—in correctional facilities.
The action will reduce the cost of
deploying solutions and ensure that
they can be deployed more quickly and
efficiently. In particular, the
Commission waived certain filing
requirements and provided for
immediate approval of the spectrum
lease applications needed to operate
these systems.
The effectiveness of Contraband
Interdiction System (CIS) deployment
requires all carriers in the relevant area
of the correctional facility to execute a
spectrum lease with the CIS provider.
Even if the major Commercial Mobile
Radio Services (CMRS) licensees
negotiate expeditiously and in good
VerDate Sep<11>2014
14:59 Oct 19, 2017
Jkt 244001
faith, if one CMRS licensee in the area
fails to engage in lease negotiations in
a reasonable time frame or at all, the CIS
solution will not be effective. The lack
of cooperation of even a single wireless
provider in a geographic area of a
correctional facility can result in
deployment of a system with
insufficient spectral coverage, subject to
abuse by inmates in possession of
contraband wireless devices operating
on frequencies not covered by a
spectrum lease agreement. While some
carriers have been cooperative, it is
imperative that all CMRS licensees be
required to engage in lease negotiations
in good faith and in a timely fashion.
Therefore, the Commission adopted a
rule requiring that CMRS licensees
negotiate in good faith with entities
seeking to deploy a CIS in a correctional
facility. If, after a 45 day period, there
is no agreement, CIS providers seeking
Special Temporary Authority (STA) to
operate in the absence of CMRS licensee
consent may file a request for STA with
the Wireless Telecommunications
Bureau (WTB), with a copy served at the
same time on the CMRS licensee,
accompanied by evidence
demonstrating its good faith, and the
unreasonableness of the CMRS
licensee’s actions, in negotiating an
agreement. The CMRS licensee may
then file a response with WTB, with a
copy served on the CIS provider at that
time, within 10 days of the filing of the
STA request.
The supplementary information
provided along with the STA
application by the CIS provider will be
used by WTB to determine whether the
CIS provider has negotiated in good
faith, yet the CMRS licensee has not
negotiated in good faith. The CMRS
licensee may use the evidence
accompanying the STA application to
craft a response. WTB will analyze the
evidence from the CIS providers and the
CMRS licensee’s response to determine
whether to issue STA to the entity
seeking to deploy the CIS.
The Commission explored whether it
should impose a requirement that the
community in the vicinity of a
correctional facility where a CIS is
installed be notified of the installation.
The Commission explained that a goal
of the proceeding is to expedite the
deployment of technological solutions
to combat the use of contraband
wireless devices, not to impose
unnecessary barriers to CIS deployment.
Consistent with that goal, the
Commission found that a flexible and
community-tailored notification
requirement for certain CISs outweighed
the minimal burden of notification and
furthered the public interest. After
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
careful consideration of the record, the
Commission imposed a rule that, 10
days prior to deploying a CIS that
prevents communications to or from
mobile devices, a lessee must notify the
community in which the correctional
facility is located, and the Commission
amended its spectrum leasing rules to
reflect this requirement. The
Commission agreed with commenters
that support notification of the
surrounding community due to the
potential for accidental call blocking
and the public safety issues involved.
The information provided in the
notification will put the houses and
businesses in the surrounding
community on notice that a CIS will be
deployed in the vicinity that has the
potential for accidental call blocking.
Acknowledging the importance of
ensuring the availability of emergency
911 calls from correctional facilities,
and the fact that delivering emergency
calls to public safety answering points
(PSAPs) facilitates public safety services
and generally serves the public interest,
the Commission amended its rules to
require that CIS providers regulated as
private mobile radio service (PMRS)
must route all 911 calls to the local
PSAP. That said, the Commission also
acknowledged the important role state
and local public safety officials play in
the administration of the 911 system.
Accordingly, although the CIS provider
is required to pass through emergency
911 calls, the PSAPs can inform the CIS
provider that they do not want to
receive calls from a given correctional
facility. By allowing the PSAPs to
decline the emergency 911 calls, the
Commission recognized the reported
increased volume of PSAP harassment
through repeated inmate fraudulent 911
calls. The information provided by the
PSAP or emergency authority will result
in the CIS provider not passing through
E911 calls from a particular correctional
facility.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017–22635 Filed 10–19–17; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 36, 42, 54, 63, and 64
[WC Docket No. 15–33; FCC 17–112]
Modernizing Common Carrier Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
E:\FR\FM\20OCR1.SGM
20OCR1
Agencies
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Rules and Regulations]
[Pages 48773-48774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22635]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 20
[GN Docket No. 13-111; FCC 17-25]
Promoting Technological Solutions to Combat Contraband Wireless
Devices in Correctional Facilities
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved, for a period of three years, the information collection
associated with the Commission's Report and Order, FCC 17-25. This
document is consistent with the Report and Order, which stated that the
Commission would publish a document in the Federal Register announcing
OMB approval of the information collection requirement and the relevant
effective date of the rules.
DATES: The rule amendments to 47 CFR 1.9020(n), 1.9030(m), 1.9035(o),
and 20.23(a), published at 82 FR 22742, May 18, 2017, which required
OMB approval, are effective on October 20, 2017. The rule amendments to
(1) 47 CFR 1.9020(d)(8), 1.9030(d)(8), 1.9035(d)(4), and 20.18(a),
which did not require OMB approval; and (2) 47 CFR 20.18(r), which
required OMB approval, published at 82 FR 22742, May 18, 2017, are
effective on February 12, 2018.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Cathy Williams by email at Cathy.Williams@fcc.gov and telephone at
(202) 418-2918.
SUPPLEMENTARY INFORMATION: This document announces that, on October 2,
2017, OMB approved the information collection requirement contained in
the Commission's Report and Order, FCC 17-25, published at 82 FR 22742,
May 18, 2017. The OMB Control Number is 3060-1243. The Commission
publishes this document as an announcement of the effective dates of
the rules. Note that the rules effective on February 12, 2018, as
listed above, are effective on that date pursuant to the Report and
Order, paragraph 142, the date 270 days after publication of the text
or a summary thereof in the Federal Register. If you have any comments
on the burden estimates listed below, or how the Commission can improve
the collection and reduce any burdens caused thereby, please contact
Cathy Williams, Federal Communications Commission, Room 1-C823, 445
12th Street SW., Washington, DC 20554. Please include the OMB Control
Number 3060-1243 in your correspondence. The Commission will also
accept your comments via email at PRA@fcc.gov.
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).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Commission is notifying the public that it received final
OMB approval on October 2, 2017, for the information collection
requirement contained in 47 CFR 1.9020(n), 1.9030(m), 1.9035(o), 20.18,
and 20.23(a), as amended in the Commission's Report and Order, FCC 17-
25.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number. No person shall be subject to any penalty for failing
to comply with a collection of information subject to the Paperwork
Reduction Act that does not display a current, valid OMB Control
Number. The OMB Control Number is 3060-1243.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total
annual reporting burdens and costs for the respondents are as follows:
OMB Control Number: 3060-1243.
OMB Approval Date: October 2, 2017.
OMB Expiration Date: October 31, 2020.
Title: Sections 1.9020(n), 1.9030(m), 1.9035(o), Community
notification requirement for certain contraband
[[Page 48774]]
interdiction systems; Section 20.18(r), Contraband Interdiction System
(CIS) requirement; Section 20.23(a), good faith negotiations.
Form Number: N/A.
Respondents: Businesses or other for profit entities and state,
local or Tribal Governments.
Number of Respondents and Responses: 26 respondents and 28
responses.
Estimated Time per Response: 8-16 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: There is no obligation to respond; response
required to obtain benefits. The statutory authority for this
collection is contained in 47 U.S.C. 151, 152, 154(i), 154(j), 301,
302a, 303, 307, 308, 309, 310, and 332.
Total Annual Burden: 325 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: On March 24, 2017, the Federal Communications
Commission released a Report and Order, Promoting Technological
Solutions to Combat Contraband Wireless Devices in Correctional
Facilities, GN Docket No. 13-111, FCC 17-25 (Report and Order), in
which the Commission took important steps to help law enforcement
combat the serious threats posed by the illegal use of contraband
wireless devices by inmates. Across the country, inmates have used
contraband devices to order hits, run drug operations, operate phone
scams, and otherwise engage in criminal activity that endangers prison
employees, other inmates, and innocent members of the public. In the
Report and Order, the Commission streamlined the process of deploying
contraband wireless device interdiction systems--systems that use radio
communications signals requiring Commission authorization--in
correctional facilities. The action will reduce the cost of deploying
solutions and ensure that they can be deployed more quickly and
efficiently. In particular, the Commission waived certain filing
requirements and provided for immediate approval of the spectrum lease
applications needed to operate these systems.
The effectiveness of Contraband Interdiction System (CIS)
deployment requires all carriers in the relevant area of the
correctional facility to execute a spectrum lease with the CIS
provider. Even if the major Commercial Mobile Radio Services (CMRS)
licensees negotiate expeditiously and in good faith, if one CMRS
licensee in the area fails to engage in lease negotiations in a
reasonable time frame or at all, the CIS solution will not be
effective. The lack of cooperation of even a single wireless provider
in a geographic area of a correctional facility can result in
deployment of a system with insufficient spectral coverage, subject to
abuse by inmates in possession of contraband wireless devices operating
on frequencies not covered by a spectrum lease agreement. While some
carriers have been cooperative, it is imperative that all CMRS
licensees be required to engage in lease negotiations in good faith and
in a timely fashion. Therefore, the Commission adopted a rule requiring
that CMRS licensees negotiate in good faith with entities seeking to
deploy a CIS in a correctional facility. If, after a 45 day period,
there is no agreement, CIS providers seeking Special Temporary
Authority (STA) to operate in the absence of CMRS licensee consent may
file a request for STA with the Wireless Telecommunications Bureau
(WTB), with a copy served at the same time on the CMRS licensee,
accompanied by evidence demonstrating its good faith, and the
unreasonableness of the CMRS licensee's actions, in negotiating an
agreement. The CMRS licensee may then file a response with WTB, with a
copy served on the CIS provider at that time, within 10 days of the
filing of the STA request.
The supplementary information provided along with the STA
application by the CIS provider will be used by WTB to determine
whether the CIS provider has negotiated in good faith, yet the CMRS
licensee has not negotiated in good faith. The CMRS licensee may use
the evidence accompanying the STA application to craft a response. WTB
will analyze the evidence from the CIS providers and the CMRS
licensee's response to determine whether to issue STA to the entity
seeking to deploy the CIS.
The Commission explored whether it should impose a requirement that
the community in the vicinity of a correctional facility where a CIS is
installed be notified of the installation. The Commission explained
that a goal of the proceeding is to expedite the deployment of
technological solutions to combat the use of contraband wireless
devices, not to impose unnecessary barriers to CIS deployment.
Consistent with that goal, the Commission found that a flexible and
community-tailored notification requirement for certain CISs outweighed
the minimal burden of notification and furthered the public interest.
After careful consideration of the record, the Commission imposed a
rule that, 10 days prior to deploying a CIS that prevents
communications to or from mobile devices, a lessee must notify the
community in which the correctional facility is located, and the
Commission amended its spectrum leasing rules to reflect this
requirement. The Commission agreed with commenters that support
notification of the surrounding community due to the potential for
accidental call blocking and the public safety issues involved. The
information provided in the notification will put the houses and
businesses in the surrounding community on notice that a CIS will be
deployed in the vicinity that has the potential for accidental call
blocking.
Acknowledging the importance of ensuring the availability of
emergency 911 calls from correctional facilities, and the fact that
delivering emergency calls to public safety answering points (PSAPs)
facilitates public safety services and generally serves the public
interest, the Commission amended its rules to require that CIS
providers regulated as private mobile radio service (PMRS) must route
all 911 calls to the local PSAP. That said, the Commission also
acknowledged the important role state and local public safety officials
play in the administration of the 911 system. Accordingly, although the
CIS provider is required to pass through emergency 911 calls, the PSAPs
can inform the CIS provider that they do not want to receive calls from
a given correctional facility. By allowing the PSAPs to decline the
emergency 911 calls, the Commission recognized the reported increased
volume of PSAP harassment through repeated inmate fraudulent 911 calls.
The information provided by the PSAP or emergency authority will result
in the CIS provider not passing through E911 calls from a particular
correctional facility.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017-22635 Filed 10-19-17; 8:45 am]
BILLING CODE 6712-01-P