Carriers, Public Safety Say Managed Access Proposal to Fight Contraband Cellphones Not Ready

Carriers “have been on the leading edge of efforts to deploy managed access systems that help curb the use of contraband wireless devices in correctional facilities,” said CTIA. “CTIA has supported cell detection systems as a means of combating the use of contraband cell phones in prison facilities,” the group said (http://bit.ly/154CaFq). “However, CTIA is concerned that the CellAntenna proposal implicates many complex issues that have not been fully considered by the Commission in the NPRM. If the Commission does proceed along the route proposed by CellAntenna, at a minimum the Commission will need clear, standardized requirements that apply to all solutions."

One problem, CTIA said, is CellAntenna’s proposed framework requires that carriers have accurate information about the device to be shut off. “CellAntenna has submitted that its systems can identify specific information about the device, including the service provider, electronic serial number, mobile identification number (MIN), international mobile equipment identifier (IMEI), or international mobile subscriber identity,” CTIA said. “It is unclear from the NPRM who, if anyone, would certify the accuracy of the detection systems and attendant devices to increase the likelihood that information gathered by the prison is correct.” Another unresolved problem is how to protect carriers from liability if they wrongly shut down service to a subscriber, said the association. “There is no rule that the Commission could adopt that would immunize a wireless provider from legal action -- including tort action -- at the federal or state level."

Verizon Wireless and AT&T raised similar concerns. “In Verizon Wireless’ limited experience in dealing with service termination requests for contraband devices, it has identified any number of issues and concerns that coincide with requests for comment in the Notice,” said the carrier (http://bit.ly/17qM98h). “Carriers, the Commission, and Solutions Providers need more experience and time to work through these issues before the Commission can consider the process proposed in the Notice.”

"Carriers faced with ... requests for termination are confronted with a dilemma,” AT&T said (http://bit.ly/1axHAek). “In the absence of a court order or an order from the FCC compelling them to terminate service, the carrier must, of course, investigate the request to determine whether the device appears to be contraband -- a device possessed unlawfully by an inmate or used unlawfully within a correctional institution. To the extent that the device appears to have been used recently on its network, it may be likely that the device was identified because it traveled into range of a detection system (or was captured by a managed access system), even though it might never have been used, lawfully or otherwise, within a correctional institution. In such a case, the deactivation of a legitimate account by a carrier could result in endangering the safety of a law-abiding user, not to mention engendering disputes, potential liability and reputational harm."

NENA said any managed network solution must make sure 911 calls can still get through to 911 call centers (http://bit.ly/15RNDcz). The group has “grave concern at the lack of specific and enforceable 911 service protections for consumers of wireless services in the proposals of the petitioners and the Commission’s proposed rules,” NENA said. “Although managed-access cellular systems and contraband wireless detection technologies represent a substantial tool to improve the safety of corrections officers, they also pose a direct and immediate threat to the safety and security of a populace that has come to rely on wireless service -- and wireless 911 service in particular -- for their protection in times of danger.” NENA said “operators of managed-access wireless systems should be required to undertake a consumer-impact analysis for each proposed installation, and to file with the Commission a detailed plan aimed at preventing the system from blocking the calls of legitimate wireless consumers located outside the boundaries of the correctional institution in which the system will be installed."

CellAntenna responded in advance to some of the criticisms leveled by CTIA, carriers and NENA. “The FCC requirement that CMRS providers terminate service to any device identified by a qualifying authority is essential to providing cell phone control in a facility,” said a letter to the FCC by CellAntenna CEO Howard Melamed (http://bit.ly/1aYJpEN). “If a list has been properly vetted by the authorities and provided to CMRS provider to which the device is subscribed, then the unsubscription of the cell phone, or ‘bricking’ of it should be done without question. Any cell phone unsubscribed can still make a 911 call, and, more importantly can be re-subscribed in case of error.” Melamed said issues shouldn’t concern the FCC. “We have always believed that the issue of 911 calls occurring within a facility is a non-issue,” he said. “There is no reason to allow any 911 calls. There are sufficient more reliable systems in a facility that are in place for the use of correctional officers, than cell phones. The provision of allowing a 911 call to take place in any managed access system has increased the cost of the system. It should be removed from any requirement for any cell phone control technology."