May 30, 2017–The FCC should seek comment in the further notice of proposed rulemaking in its contraband cellphone proceeding on the use of “surgical jamming technology,” according to the Association of State Correctional Administrators (ASCA). In an ex parte filing in GN docket 13-111 commenting on the item adopted in March (TR Daily, March 23),  Leann Bertsch, president of ASCA and director of the North Dakota Department of Corrections and Rehabilitation, noted that state correctional administrators and others have failed to get legislation through Congress to permit states to use jamming technology. The Communications Act bars the use of jamming by non-federal government entities, the FCC has noted.

“I am writing today to ask that you amend your proposed rule to include surgical jamming technology, and to provide stringent measures to ensure carrier cooperation with beacon technology, managed access technology and future technologies,” the filing said. “While there are some risks to uncontrolled or unmonitored use of some jamming devices, those risks can easily be mitigated. Section 333 of the Federal Communications Act does not prevent the FCC from authorizing the use of jamming illegal wireless device signals. Section 333 merely prohibits the ‘willful or malicious interference to authorized radio communications.’ Since cell phones are contraband within correctional facilities, their use constitutes unauthorized communications; jamming those illegal signals could not violate Section 333. Additionally, I am hopeful that you will consider requiring that wireless carriers cooperate and participate in the development of beacon technology, as referenced in your proposed rule. It is my understanding that this technology would use software embedded in phones to provide a 100% solution, while allowing ‘whitelisting’ by correctional agencies as appropriate.

“Finally, as we have learned from multiple deployments of managed access technology, all technological solutions require meaningful carrier action and cooperation; not mere lip-service,” Ms. Bertsch stressed. “As the history of this issue demonstrates, your regulated carriers have proven largely disinterested in solving this critical public safety problem: apparently only the FCC or congressional action will compel meaningful cooperation in the wireless industry.”- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily

May 25, 2071–Parties are calling for the FCC to take a number of actions as part of its Connect2Health initiative, including making more spectrum available for broadband services, streamlining infrastructure deployment, and modernizing its Rural Health Care Program. The comments were filed in response to a 25-page public notice released in April that solicited views on ways in which the FCC can further the seven objectives of the initiative, as well as on the source of authority for FCC action in these areas (TR Daily April 24). FCC Chairman Ajit Pai announced in March that the Connect2HealthFCC Task Force, which was established by former Chairman Tom Wheeler in 2014, would continue its work during his chairmanship, and that Commissioner Mignon L. Clyburn would continue to lead the effort (TR Daily, March 16).

The objectives outlined in the April 24 public notice are “promoting effective policy and regulatory solutions that encourage broadband adoption and promote health IT”; “identifying regulatory barriers (and incentives) to the deployment of radio frequency (RF)-enabled advanced health care technologies and devices”; “strengthening the nation’s telehealth infrastructure through the FCC’s Rural Health Care Program and other initiatives”; “raising consumer awareness about the value proposition of broadband in the health care sector and its potential for addressing health care disparities”; “enabling the development of broadband-enabled health technologies that are designed to be fully accessible to people with disabilities”; “highlighting effective telehealth projects, broadband-enabled health technologies, and mHealth applications across the country and abroad—to identify lessons learned, best practices, and regulatory challenges”; and “engaging a diverse array of traditional and non-traditional stakeholders to identify emerging issues and opportunities in the broadband health space.” Continue reading →