PART 20—COMMERCIAL MOBILE SERVICES Authority: 47 U.S.C. 151, 152(a), 154(i), 155, 157, 160, 201, 214, 222, 251(e), 301, 302a, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, and 615c, unless otherwise noted. Source: 59 FR 18495, Apr. 19, 1994, unless otherwise noted. §§ 20.1-20.2 [Reserved] § 20.3 Definitions. Automatic Roaming. CIS Operator. Commercial mobile data service. (i) Provided for profit; and (ii) Available to the public or to such classes of eligible users as to be effectively available to the public. (2) Commercial mobile data service includes services provided by Mobile Satellite Services and Ancillary Terrestrial Component providers to the extent the services provided meet this definition. Commercial mobile radio service. (1)(i) Provided for profit, i.e., (ii) An interconnected service; and (iii) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or (2) The functional equivalent of such a mobile service described in paragraph (1) of this definition. (3) A variety of factors may be evaluated to make a determination whether the mobile service in question is the functional equivalent of a commercial mobile radio service, including: Consumer demand for the service to determine whether the service is closely substitutable for a commercial mobile radio service; whether changes in price for the service under examination, or for the comparable commercial mobile radio service, would prompt customers to change from one service to the other; and market research information identifying the targeted market for the service under review. (4) Unlicensed radio frequency devices under part 15 of this chapter are excluded from this definition of commercial mobile radio service. Consumer Signal Booster. Contraband Interdiction System. Designated Correctional Facility Official. (1) In government-run correctional facilities, this definition requires the DCFO to be, at a minimum, the official with responsibility for oversight of the relevant facility ( e.g., (2) In privately-run correctional facilities, this definition requires the DCFO to be a government official with responsibility for oversight of the facility's performance through contract. Fixed Consumer Signal Booster. Host Carrier. Incumbent Wide Area SMR Licensees. Industrial Signal Booster: Interconnection or Interconnected. Interconnected service. (1) That is interconnected with the public switched network, or interconnected with the public switched network through an interconnected service provider, that gives subscribers the capability to communicate to or receive communication from all other users on the public switched network; or (2) For which a request for such interconnection is pending pursuant to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B). A mobile service offers interconnected service even if the service allows subscribers to access the public switched network only during specified hours of the day, or if the service provides general access to points on the public switched network but also restricts access in certain limited ways. Interconnected service does not include any interface between a licensee's facilities and the public switched network exclusively for a licensee's internal control purposes. Managed Access System. (1) One or more lease agreements with CMRS operators; and (2) Real-time awareness of wireless provider spectrum use in the vicinity of the correctional facility where it is deployed. Manual Roaming. Mobile Consumer Signal Booster. Mobile Service. (a) Both one-way and two-way radio communications services; (b) A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and (c) Any service for which a license is required in a personal communications service under part 24 of this chapter. Non-individual. Private mobile radio service. (a) Not-for-profit land mobile radio and paging services that serve the licensee's internal communications needs as defined in part 90 of this chapter. Shared-use, cost-sharing, or cooperative arrangements, multiple licensed systems that use third party managers or users combining resources to meet compatible needs for specialized internal communications facilities in compliance with the safeguards of § 90.179 of this chapter are presumptively private mobile radio services; (b) Mobile radio service offered to restricted classes of eligible users. This includes entities eligible in the Public Safety Radio Pool and Radiolocation service. (c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring systems (part 90 of this chapter) that do not offer interconnected service or that are not-for-profit; and (d) Personal Radio Services under part 95 of this chapter (General Mobile Services, Radio Control Radio Services, and Citizens Band Radio Services); Maritime Service Stations (excluding Public Coast stations) (part 80 of this chapter); and Aviation Service Stations (part 87 of this chapter). Provider-Specific Consumer Signal Boosters. Public switched network. Signal booster. Signal booster operator. Wideband Consumer Signal Boosters. [59 FR 18495, Apr. 19, 1994] Editorial Note: For Federal Register § 20.5 Citizenship. (a) This rule implements section 310 of the Communications Act, 47 U.S.C. 310, regarding the citizenship of licensees in the commercial mobile radio services. Commercial mobile radio service authorizations may not be granted to or held by: (1) Any foreign government or any representative thereof; (2) Any alien or the representative of any alien; (3) Any corporation organized under the laws of any foreign government; (4) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; or (5) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. (b) The limits listed in paragraph (a) of this section may be exceeded by eligible individuals who held ownership interests on May 24, 1993, pursuant to the waiver provisions established in section 332(c)(6) of the Communications Act. Transfers of ownership to any other person in violation of paragraph (a) of this section are prohibited. [59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996] §§ 20.6-20.9 [Reserved] § 20.11 Interconnection to facilities of local exchange carriers. (a) A local exchange carrier must provide the type of interconnection reasonably requested by a mobile service licensee or carrier, within a reasonable time after the request, unless such interconnection is not technically feasible or economically reasonable. Complaints against carriers under section 208 of the Communications Act, 47 U.S.C. 208, alleging a violation of this section shall follow the requirements of §§ 1.711-1.734 of this chapter, 47 CFR 1.711-1.734. (b) Local exchange carriers and commercial mobile radio service providers shall exchange Non-Access Telecommunications Traffic, as defined in § 51.701 of this chapter, under a bill-and-keep arrangement, as defined in § 51.713 of this chapter, unless they mutually agree otherwise. (c) Local exchange carriers and commercial mobile radio service providers shall also comply with applicable provisions of part 51 of this chapter. (d) Local exchange carriers may not impose compensation obligations for traffic not subject to access charges upon commercial mobile radio service providers pursuant to tariffs. (e) An incumbent local exchange carrier may request interconnection from a commercial mobile radio service provider and invoke the negotiation and arbitration procedures contained in section 252 of the Act. A commercial mobile radio service provider receiving a request for interconnection must negotiate in good faith and must, if requested, submit to arbitration by the state commission. [59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996; 70 FR 16145, Mar. 30, 2005; 76 FR 73852, Nov. 29, 2011; 77 FR 1640, Jan. 11, 2012] § 20.12 Resale and roaming. (a)(1) Scope of manual roaming and resale. Paragraph (c) of this section is applicable to providers of Broadband Personal Communications Services (part 24, subpart E of this chapter), Cellular Radio Telephone Service (part 22, subpart H of this chapter), Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included in part 90, subpart S of this chapter), and 900 MHz Broadband Service (included in part 27, subpart P of this chapter) if such providers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in-network switching facility that enables the provider to re-use frequencies and accomplish seamless hand-offs of subscriber calls. The scope of paragraph (b) of this section, concerning the resale rule, is further limited so as to exclude from the requirements of that paragraph those Broadband Personal Communications Services C, D, E, and F block licensees that do not own and control and are not owned and controlled by firms also holding cellular A or B block licenses. (2) Scope of automatic roaming. (3) Scope of offering roaming arrangements for commercial mobile data services. (b) [Reserved] (c) Manual roaming. (d) Automatic roaming. (e) Offering roaming arrangements for commercial mobile data services. (i) Providers may negotiate the terms of their roaming arrangements on an individualized basis; (ii) It is reasonable for a provider not to offer a data roaming arrangement to a requesting provider that is not technologically compatible; (iii) It is reasonable for a provider not to offer a data roaming arrangement where it is not technically feasible to provide roaming for the particular data service for which roaming is requested and any changes to the host provider's network necessary to accommodate roaming for such data service are not economically reasonable; (iv) It is reasonable for a provider to condition the effectiveness of a roaming arrangement on the requesting provider's provision of mobile data service to its own subscribers using a generation of wireless technology comparable to the technology on which the requesting provider seeks to roam. (2) A party alleging a violation of this section may file a formal or informal complaint pursuant to the procedures in §§ 1.716 through 1.718, 1.720, 1.721, and 1.723 through 1.735 of this chapter, which sections are incorporated herein. For purposes of § 20.12(e), references to a “carrier” or “common carrier” in the formal and informal complaint procedures incorporated herein will mean a provider of commercial mobile data services. The Commission will resolve such disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented in each case. The remedy of damages shall not be available in connection with any complaint alleging a violation of this section. Whether the appropriate procedural vehicle for a dispute is a complaint under this paragraph or a petition for declaratory ruling under § 1.2 of this chapter may vary depending on the circumstances of each case. [64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000; 72 FR 50074, Aug. 30, 2007; 75 FR 22276, Apr. 28, 2010; 76 FR 26220, May 6, 2011; 85 FR 43134, July 16, 2020; 90 FR 57704, Dec. 12, 2025] § 20.13 State petitions for authority to regulate rates. (a) States may petition for authority to regulate the intrastate rates of any commercial mobile radio service. The petition must include the following: (1) Demonstrative evidence that market conditions in the state for commercial mobile radio services do not adequately protect subscribers to such services from unjust and unreasonable rates or rates that are unjustly or unreasonably discriminatory. Alternatively, a state's petition may include demonstrative evidence showing that market conditions for commercial mobile radio services do not protect subscribers adequately from unjust and unreasonable rates, or rates that are unjustly or unreasonably discriminatory, and that a substantial portion of the commercial mobile radio service subscribers in the state or a specified geographic area have no alternative means of obtaining basic telephone service. This showing may include evidence of the range of basic telephone service alternatives available to consumers in the state. (2) The following is a non-exhaustive list of examples of the types of evidence, information, and analysis that may be considered pertinent to determine market conditions and consumer protection by the Commission in reviewing any petition filed by a state under this section: (i) The number of commercial mobile radio service providers in the state, the types of services offered by commercial mobile radio service providers in the state, and the period of time that these providers have offered service in the state; (ii) The number of customers of each commercial mobile radio service provider in the state; trends in each provider's customer base during the most recent annual period or other data covering another reasonable period if annual data is unavailable; and annual revenues and rates of return for each commercial mobile radio service provider; (iii) Rate information for each commercial mobile radio service provider, including trends in each provider's rates during the most recent annual period or other data covering another reasonable period if annual data is unavailable; (iv) An assessment of the extent to which services offered by the commercial mobile radio service providers the state proposes to regulate are substitutable for services offered by other carriers in the state; (v) Opportunities for new providers to enter into the provision of competing services, and an analysis of any barriers to such entry; (vi) Specific allegations of fact (supported by affidavit of person with personal knowledge) regarding anti-competitive or discriminatory practices or behavior by commercial mobile radio service providers in the state; (vii) Evidence, information, and analysis demonstrating with particularity instances of systematic unjust and unreasonable rates, or rates that are unjust or unreasonably discriminatory, imposed upon commercial mobile radio service subscribers. Such evidence should include an examination of the relationship between rates and costs. Additionally, evidence of a pattern of such rates, that demonstrates the inability of the commercial mobile radio service marketplace in the state to produce reasonable rates through competitive forces will be considered especially probative; and (viii) Information regarding customer satisfaction or dissatisfaction with services offered by commercial mobile radio service providers, including statistics and other information about complaints filed with the state regulatory commission. (3) Petitions must include a certification that the state agency filing the petition is the duly authorized state agency responsible for the regulation of telecommunication services provided in the state. (4) Petitions must identify and describe in detail the rules the state proposes to establish if the petition is granted. (5) States have the burden of proof. Interested parties may file comments in support or in opposition to the petition within 30 days after public notice of the filing of a petition by a state under this section. Any interested party may file a reply within 15 days after the expiration of the filing period for comments. No additional pleadings may be filed. Except for § 1.45 of this chapter, practice and procedure rules contained in §§ 1.42-1.52 of this chapter shall apply. The provisions of §§ 1.771-1.773 of this chapter do not apply. (6) The Commission shall act upon any petition filed by a state under this paragraph not later than the end of the nine-month period after the filing of the petition. (7) If the Commission grants the petition, it shall authorize the state to regulate rates for commercial mobile radio services in the state during a reasonable period of time, as specified by the Commission. The period of time specified by the Commission will be that necessary to ensure that rates are just and reasonable, or not unjustly or unreasonably discriminatory. (b) States that regulated rates for commercial mobile services as of June 1, 1993, may petition the Commission under this section before August 10, 1994, to extend this authority. (1) The petition will be acted upon by the Commission in accordance with the provisions of paragraphs (a)(1) through (a)(5) of this section. (2) The Commission shall act upon the petition (including any reconsideration) not later than the end of the 12-month period following the date of the filing of the petition by the state involved. Commercial mobile radio service providers offering such service in the state shall comply with the existing regulations of the state until the petition and any reconsideration of the petition are acted upon by the Commission. (3) The provisions of paragraph (a)(7) of this section apply to any petition granted by the Commission under this paragraph. (c) No sooner than 18 months from grant of authority by the Commission under this section for state rate regulations, any interested party may petition the Commission for an order to discontinue state authority for rate regulation. (1) Petitions to discontinue state authority for rate regulation must be based on recent empirical data or other significant evidence demonstrating that the exercise of rate authority by a state is no longer necessary to ensure that the rates for commercial mobile are just and reasonable or not unjustly or unreasonably discriminatory. (2) Any interested party may file comments in support of or in opposition to the petition within 30 days after public notice of the filing of the petition. Any interested party may file a reply within 15 days after the time for filing comments has expired. No additional pleadings may be filed. Except for 1.45 of this chapter, practice and procedure rules contained in § 1.42-1.52 of this chapter apply. The provisions of §§ 1.771-1.773 of this chapter do not apply. (3) The Commission shall act upon any petition filed by any interested party under this paragraph within nine months after the filing of the petition. § 20.15 Requirements under Title II of the Communications Act. (a) Commercial mobile radio services providers, to the extent applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 of this chapter, 47 CFR part 68; and §§ 1.701-1.748, and 1.815 of this chapter, 47 CFR 1.701-1.748, 1.815. (b) Commercial mobile radio service providers are not required to: (1) File with the Commission copies of contracts entered into with other carriers or comply with other reporting requirements, or with §§ 1.781 through 1.814 and 43.21 of this chapter; except that commercial radio service providers that are facilities-based providers of broadband service or facilities-based providers of mobile telephony service, as described in § 1.7001(b)(1) and (3) of this chapter, are required to file reports pursuant to §§ 1.7000-1.7002 of this chapter. For purposes of this section, mobile telephony (2) Seek authority for interlocking directors (section 212 of the Communications Act); (3) Submit applications for new facilities or discontinuance of existing facilities (section 214 of the Communications Act). (c) Commercial mobile radio service providers shall not file tariffs for international and interstate service to their customers, interstate access service, or international and interstate operator service. Sections 1.771 through 1.773 and part 61 of this chapter are not applicable to international and interstate services provided by commercial mobile radio service providers. Commercial mobile radio service providers shall cancel tariffs for international and interstate service to their customers, interstate access service, and international and interstate operator service. (d) Except as specified as in paragraphs (d)(1) and (2), nothing in this section shall be construed to modify the Commission's rules and policies on the provision of international service under part 63 of this chapter. (1) Notwithstanding the provisions of § 63.21(c) of this chapter, a commercial mobile radio service provider is not required to comply with § 42.10 of this chapter. (2) A commercial mobile radio service (CMRS) provider that is classified as dominant under § 63.10 of this chapter due to an affiliation with a foreign carrier is required to comply with § 42.11 of this chapter if the affiliated foreign carrier collects settlement payments from U.S. carriers for terminating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider is not required to comply with § 42.11, however, if it provides service on the affiliated route solely through the resale of an unaffiliated facilities-based provider's international switched services. (3) For purposes of paragraphs (d)(1) and (2) of this section, affiliated foreign carrier (e) For obligations of commercial mobile radio service providers to provide local number portability, see § 52.1 of this chapter. [59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654, Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001; 69 FR 77938, Dec. 29, 2004; ; 85 FR 838, Jan. 8, 2020] § 20.18 [Reserved] § 20.19 Hearing loss compatible wireless handsets. (a) Definitions. 2007 ANSI standard 2011 ANSI standard 2019 ANSI standard Acoustic coupling ANSI standard Any version of the ANSI standard previous to the 2019 ANSI standard Bluetooth coupling Digital labeling technology Digital mobile service Handset Handset manufacturer Handset model portfolio Hearing aid Hearing aid-compatible (i) Has an internal means for compatibility, as defined in this section; (ii) Meets established technical standards for hearing aid coupling or compatibility, as defined in this section; and (iii) Is usable, as defined in this section. Model Nationwide service provider Non-nationwide service provider Publicly accessible website Service provider Telecoil coupling Volume control requirements (b) Hearing aid compatibility; technical standards Handset model compatibility before December 14, 2026. (2) Handset model compatibility on or after December 14, 2026. (i) The 2019 ANSI standard's acoustic coupling requirements; (ii) The 2019 ANSI standard's volume control requirements; and (iii) Either the 2019 ANSI standard's telecoil coupling requirements or have Bluetooth coupling technology as a replacement for or in addition to meeting the standard's telecoil coupling requirements. (iv) All such new handset models must come out-of-the-box with their hearing aid compatibility related acoustic and volume control functions turned on by default. Such handset models may also have secondary settings to turn on the handset model's telecoil or Bluetooth coupling functions, depending on the secondary capability included in a particular handset model. All such handset models must have settings for acoustic, telecoil, or Bluetooth coupling (depending on the coupling functionality included) and volume control functionality that are clearly labeled and allow consumers to easily find these settings and to turn these functions on or off as they desire. (3) Bluetooth coupling requirements. (ii) Beginning on December 13, 2028, the Bluetooth coupling requirement may only be met using Bluetooth coupling technology that: (A) Utilizes a global, low power wireless technology standard for high quality audio voice streaming; (B) Is a standalone non-proprietary implementation; (C) Is a qualified implementation that has undergone testing to verify that the product conforms to the specifications it claims to support; (D) Offers full interoperability between hearing aids and handset models to enable inter-network, inter-provider, inter-platform, and inter-handset manufacturer functionality; and (E) Uses a design that meets broad, generic hearing aid requirements that addresses needed features when coupling to handset models for all forms of voice calls and associated handset model use. (iii) As part of the statement required pursuant to § 2.1033 of this chapter, handset manufacturers shall include a sworn declaration consistent with § 1.16 of this chapter verifying: (A) The specific Bluetooth coupling standard included in each handset model to be marketed under the requested equipment authorization; (B) That each handset model has been tested to ensure compliance with the relevant designated Bluetooth coupling standard; and (C) Beginning on December 13, 2028, that the included Bluetooth coupling standard meets the definition of hearing aid-compatible in paragraph (a) of this section and the related Bluetooth functionality requirements of paragraph (b)(3)(ii) of this section. (4) Handset models operating over multiple frequency bands or air interfaces. (ii) Beginning on December 14, 2026, a handset model is hearing aid-compatible if it meets the requirements of paragraph (b)(2) of this section for all frequency bands that are specified in the 2019 ANSI standard and all air interfaces over which it operates on those frequency bands, and: (A) The handset model has been certified as compliant with the test requirements for the 2019 ANSI standard (including the telecoil requirements) pursuant to § 2.1033(d) of this chapter; or (B) The handset model has been certified as compliant with the test requirements for the 2019 ANSI standard (except for the telecoil requirements) pursuant to § 2.1033(d) of this chapter and meets the Bluetooth coupling requirements of this paragraph (b) and paragraph (c) of this section. (5) Non-hearing aid-compatible handset models. (6) Software updates. de minimis. de minimis (ii) Consumers must be notified prior to installing a software push if the software push will install new operations or bands that are not covered by the applicable hearing aid compatibility certification standards and, therefore, these new operations or bands will not meet hearing aid compatibility certification requirements. (7) Factual questions. (8) Grandfathered handset model. (c) Phase-in of hearing aid-compatibility requirements. (1) Handset manufacturers—Number of hearing aid-compatible handset models offered for sale or use in the United States prior to December 14, 2026. (2) Handset manufacturers Number of hearing aid-compatible handset models offered for sale or use in the United States after December 14, 2026. (i) One hundred (100) percent of these handset models must meet the 2019 ANSI standard's acoustic coupling requirements or have been certified as meeting the M3 acoustic rating under a previous ANSI standard; (ii) At least eighty-five (85) percent of those handset models (rounded down to the nearest whole number) must meet the 2019 ANSI standard's telecoil coupling requirements or have been certified as meeting the T3 telecoil rating under a previous ANSI standard; (iii) At least fifteen (15) percent of those handset models (rounded up to the nearest whole number) must have Bluetooth coupling technology consistent with paragraphs (a) and (b)(3) of this section as a replacement for or in addition to meeting the 2019 ANSI standard's telecoil coupling requirements or the T3 telecoil rating under a previous ANSI standards; (iv) One hundred (100) percent of these handset models must meet at least two forms of coupling. Specifically, all handsets must: (A) Meet the acoustic coupling requirement, as specified in paragraph (c)(2)(i) of this section, and meet the telecoil requirement, as specified in paragraph (c)(2)(ii) of this section; or (B) Meet the acoustic coupling requirement, as specified in paragraph (c)(2)(i) of this section, and have Bluetooth coupling technology, as specified in paragraph (c)(2)(iii) of this section; and (v) All new handset models that a handset manufacturer adds to its handset model portfolio must meet the 2019 ANSI Standard's volume control requirements. (3) Nationwide service providers—Number of hearing aid-compatible handsets models offered prior to June 14, 2027. (4) Nationwide service providers—Number of hearing aid-compatible handset models offered after June 14, 2027. (5) Non-nationwide service providers—Number of hearing aid-compatible handsets models offered prior to June 13, 2028. (6) Non-nationwide service providers—Number of hearing aid-compatible handset models offered after June 13, 2028. (7) Availability and in-store testing of hearing aid-compatible handset models. (d) [Reserved] (e) De minimis exception. (ii) Notwithstanding paragraph (e)(1)(i) of this section, manufacturers that have had more than 750 employees for at least two years and service providers that have had more than 1500 employees for at least two years, and that have been offering handsets over an air interface for at least two years, that offer one or two handsets in that air interface in the United States must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer one or two handset models in an air interface in the United States, and that have had more than 750 employees for at least two years and have offered handsets over that air interface for at least two years, are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section. For purposes of this paragraph (e)(1)(ii), employees of a parent, subsidiary, or affiliate company under common ownership or control with a manufacturer or service provider are considered employees of the manufacturer or service provider. Manufacturers and service providers covered by this paragraph (e)(1)(ii) must also comply with all other requirements of this section. (2) Manufacturers or service providers that offer three handset models in an air interface must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer three handset models in an air interface in the United States are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section. (3) Manufacturers that offer four or five handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface. Tier I carriers who offer four handset models in an air interface must offer at least two handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface and Tier I carriers who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers, other than Tier I carriers, who offer four handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface and service providers, other than Tier I carriers, who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface. (4) Beginning December 14, 2026, handset manufacturers may no longer claim de minimis de minimis de minimis (f) Labeling and disclosure requirements for hearing aid-compatible handset models (1) External printed package label. (i) That the handset model is certified as hearing aid-compatible; (ii) Whether or not the handset model meets telecoil or Bluetooth coupling requirements or both requirements and, in the case of Bluetooth coupling requirements, which Bluetooth coupling standard the handset model includes; and (iii) The handset model's actual conversational gain with and without hearing aids, if certified under the 2019 ANSI standard, with the actual conversational gain that is displayed being the lowest rating assigned to the handset model for any covered air interface or frequency band. (2) Internal printed package insert or printed handset manual. (i) An explanation of what it means that the handset model is certified as hearing aid-compatible and which ANSI standard was used for certification purposes; (ii) An explanation of what acoustic, telecoil, and Bluetooth coupling are and which of these coupling capabilities the handset model includes and, in the case of Bluetooth coupling, which Bluetooth coupling standard the handset model includes; (iii) If the handset model was certified under the 2019 ANSI standard, an explanation of the handset model's volume control capabilities, an affirmative statement of the handset model's conversational gain with and without hearing aids, and an explanation of how to turn the handset model's volume control capabilities on and off; (iv) An explanation of how to turn each of the handset model's coupling functions on and off and an explanation that by default the handset model comes with its acoustic and volume control functions turned on; and (v) If the handset model has been certified as hearing aid-compatible under special testing circumstances or contains operations or frequency bands that are not certified as hearing aid-compatible, an explanation of how this affects the handset model's operations. Under these circumstances, the included printed package insert or printed handset manual must include the following disclosure statement: This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the handset manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer. (3) Use of digital labeling technology. (ii) The information required by paragraph (f)(2) of this section may be delivered to consumers using digital labeling technology, as an alternative to including an internal printed package insert or printed handset manual as long as the handset manufacturer or service provider choosing this option maintains a publicly accessible website where consumers can easily locate the information required by paragraph (f)(2). Handset manufacturers and service providers choosing this option must provide consumers with both a Quick-Response (QR) code and the related website address where the information required by paragraph (f)(2) can be found. The required information must be presented in a straight-forward fashion using plain language that is easy for consumers to understand. Handset manufacturers and service providers choosing this option must update this information within 30 days of any relevant changes, and they must ensure that they are in full compliance with the website posting requirements of paragraph (h) of this section. (g) Handset model number designation requirements. (1) Handset models recertified as hearing aid-compatible under updated certification standards are not required to be assigned a new model number designation unless the handset model has been physically changed, as defined in this paragraph (g), to meet the requirements of the updated certification standard. Handset models being recertified as hearing aid-compatible under updated certification standards must meet all aspects of the updated certification standard. Handset models being recertified as hearing aid-compatible may not be recertified as hearing aid-compatible using parts of two different ANSI standards or distinct certification standards. (2) Handset manufacturers may assign new handset model number designations to handset models recertified as hearing aid-compatible under updated certification standards that have not undergone any physical changes, as defined in this paragraph (g), if the handset manufacturer chooses to for its own reasons. Under these circumstances, handset manufacturers and service providers shall not count the handset model more than once for purposes of meeting handset model deployment benchmark requirements regardless of the number of handset model number designations that the handset model has been assigned. (3) Handset models recertified as hearing aid-compatible under updated certification standards must have the labeling, disclosure, and website posting information related to the handset model updated within 30 days of the updated certification. These updates must indicate that the handset model has been recertified under updated certification standards and explain how this updated certification affects the handset model's operations. These updates must be made regardless of whether the handset model was physically altered to meet the requirements of the updated certification standard. (h) website posting requirements. (i) A list of all currently offered handset models, including each model's marketing name/number(s) and the FCC ID number, along with the ANSI standard used to certify the handset model as hearing aid-compatible; (ii) For each handset model, an affirmative statement of whether or not the handset model meets telecoil certification requirements; (iii) For each handset model, an affirmative statement of whether or not the handset model includes Bluetooth coupling technology and, if so, which Bluetooth coupling technology the handset model includes; (iv) For each handset model certified under the 2019 ANSI standard, an affirmative statement of the handset model's conversational gain with and without hearing aids with the actual conversational gain that is displayed being the lowest rating assigned to the handset model for any covered air interface or frequency band; (v) If a handset model has been certified as hearing aid-compatible under special testing circumstances or contains operations or frequency bands that are not certified as hearing aid-compatible, an explanation of how this affects the handset model's operations; and (vi) A link to the Commission's wireless hearing aid compatibility web page. (2) Each handset manufacturer and service provider that maintains a publicly accessible website must post to their websites the name of a department or a division within the company that is staffed with knowledgeable employees who can answer consumer questions about the hearing aid compatibility of the handset models that the company offers and related coupling questions. Along with posting the information required by paragraph (h)(1) of this section, handset manufacturers and service providers must post to their publicly accessible websites an email address, mailing address, text number, and a toll-free number that consumers can use to contact the knowledgeable company employees. These employees shall respond to consumer inquires in a fashion consistent with good business practices. (3) The information on handset manufacturer and service provider publicly accessible websites must be presented in a straightforward fashion using plain language that is easy for consumers to understand. In addition, this information must be updated within 30 days of any relevant changes, and web pages must include a date stamp allowing consumers to understand how recent the information is that they are viewing. (i) Reporting requirements Reporting and certification dates. (2) Content of service provider certifications. (i) The name of the signing executive and contact information; (ii) The company(ies) covered by the certification; (iii) The FCC Registration Number (FRN); (iv) If the service provider is subject to paragraph (h) of this section, the website address of the page(s) containing the required information regarding handset models; (v) The percentage of handsets offered that are hearing aid-compatible (providers will derive this percentage by determining the number of hearing aid-compatible handsets offered across all air interfaces during the year divided by the total number of handsets offered during the year); and (vi) The following language: I am a knowledgeable executive [of company x] regarding compliance with the Federal Communications Commission's wireless hearing aid compatibility requirements at a wireless service provider covered by those requirements. I certify that the provider was [(in full compliance/not in full compliance)] [choose one] at all times during the applicable time period with the Commission's wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements. The company represents and warrants, and I certify by this declaration under penalty of perjury pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR 1.17, which requires truthful and accurate statements to the Commission. The company also acknowledges that false statements and misrepresentations to the Commission are punishable under Title 18 of the U.S. Code and may subject it to enforcement action pursuant to Sections 501 and 503 of the Act. (vii) If the company selected that it was not in full compliance with this section, an explanation of which wireless hearing aid compatibility requirements it was not in compliance with, when the non-compliance began and (if applicable) ended with respect to each requirement. (3) Content of manufacturer reports. (i) Handset models tested, since the most recent report, for compliance with the applicable hearing aid compatibility technical ratings, if applicable; (ii) Compliant handset models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number; (iii) For each compliant model, the air interface(s) and frequency band(s) over which it operates, the hearing aid compatibility ratings for each frequency band and air interface under the ANSI standard (if applicable), the ANSI standard version used, and the months in which the model was available to service providers since the most recent report; (iv) Non-compliant models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number; (v) For each non-compliant model, the air interface(s) over which it operates and the months in which the model was available to service providers since the most recent report; (vi) Total numbers of compliant and non-compliant models offered to service providers for each air interface as of the time of the report; (vii) Any instance, as of the date of the report or since the most recent report, in which multiple compliant or non-compliant devices were marketed under separate model name/numbers but constitute a single model for purposes of the hearing aid compatibility rules, identifying each device by marketing model name/number and FCC ID number; (viii) Status of product labeling; (ix) Outreach efforts; and (x) If the manufacturer maintains a public website, the website address of the page(s) containing the information regarding hearing aid-compatible handset models required by paragraph (h) of this section. (4) FCC Form 855 certification filing requirements. (5) FCC Form 855 certification content. (i) An affirmative statement as to whether the filer is a handset manufacturer, a nationwide service provider, or a non-nationwide service provider; (ii) In the case of a handset manufacturer, an affirmative statement as to whether the filer ceased offering handset models during the reporting period or, in the case of a service provider, the filer ceased offering wireless service during the reporting period; (iii) An affirmative statement that the filer did not offer for sale or use in the United States non-hearing aid-compatible handset models for the reporting period as required by paragraph (c)(2), (4), or (6) of this section, as applicable to the filer; (iv) The total number of hearing aid-compatible handset models the filer offered for sale or use in the United States for the reporting period; (v) The number of these handset models that met applicable telecoil requirements; (vi) The number of these handset models that met the applicable Bluetooth coupling requirement and a statement as to whether the Bluetooth coupling technology was a proprietary or non-proprietary implementation, the name of the Bluetooth coupling technology, and a statement as to whether the Bluetooth technology met the requirements of paragraph (b)(3)(ii) of this section; (vii) An affirmative statement that all new handset models added during the reporting period met volume control certification requirements as required by paragraph (c)(2), (4), or (6) of this section, as applicable to the filer; (viii) An affirmative statement that the filer was in full compliance with the labeling and disclosure requirements in paragraph (f) of this section; (ix) A statement as to whether the filer used digital labeling technology to deliver to consumers the information required by paragraph (f)(2) of this section, as an alternative to including a printed insert or printed handset manual; (x) If the filer maintains a publicly accessible website, the filer must include a link to the website showing compliance with paragraph (h) of this section or, if the filer does not maintain a publicly accessible website, an affirmative statement that the filer does not maintain a publicly accessible website and has included an attachment with its filing showing the information required by paragraph (h)(1) of this section; (xi) The name of the signing executive and contact information; (xii) The company(ies) covered by the certification; (xiii) The FRN; and (xiv) The following language: I am a knowledgeable executive of [company x] regarding compliance with the Federal Communications Commission's wireless hearing aid compatibility requirements as a company covered by those requirements. I certify that the company was [(in full compliance/not in full compliance)] [choose one] at all times during the applicable reporting period with the Commission's wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements. The company represents and warrants, and I certify by this declaration under penalty of perjury pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR 1.17, which requires truthful and accurate statements to the Commission. The company also acknowledges that false statements and misrepresentations to the Commission are punishable under Title 18 of the U.S. Code and may subject it to enforcement action pursuant to Sections 501 and 503 of the Act. (xv) If the company selected that it was not in full compliance with this section, an explanation of which wireless hearing aid compatibility requirements it was not in compliance with, when the non-compliance began and (if applicable) ended with respect to each requirement. (6) Form and content requirements. (j) Enforcement. (k) Delegation of rulemaking authority. (2) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority, by notice-and-comment rulemaking if required by statute or otherwise in the public interest, to issue an order amending this section to the extent necessary to approve any version of the technical standards for radio frequency interference, inductive coupling, or volume control adopted subsequently to the 2007 ANSI standard for use in determining whether a wireless handset meets the appropriate rating over frequency bands and air interfaces for which technical standards have previously been adopted either by the Commission or pursuant to paragraph (k)(1) of this section. This delegation is limited to the approval of changes to the technical standards that do not raise major compliance issues. Further, by such approvals, the Chiefs may only permit, and not require, the use of such subsequent versions of the technical standards to establish hearing aid compatibility. (l) Incorporation by reference. www.archives.gov/federal-register/cfr/ibr-locations.html [email protected] (1) IEEE Standards Association (IEEE-SA), 445 Hoes Lane, Piscataway, NJ 08854-4141, (732) 981-0060, [email protected], https://standards.ieee.org/. (i) ANSI C63.19-2007, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved June 8, 2007. (ii) ANSI C63.19-2011, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved May 27, 2011. (iii) ANSI C63.19-2019, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved August 19, 2019. (2) Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington, VA 22201, (703) 907-7700, [email protected], https://global.ihs.com/csf_home.cfm?&csf=TIA. (i) ANSI/TIA-5050-2018, Telecommunications—Communications Products—Receive Volume Control Requirements for Wireless (Mobile) Devices, approved January 17, 2018. (ii) [Reserved] [73 FR 25587, May 7, 2008, as amended at 75 FR 54522, Sept. 8, 2010; 77 FR 41928, July 17, 2012; 81 FR 183, Jan. 5, 2016; 81 FR 60633, Sept. 2, 2016; 83 FR 8631, Feb. 28, 2018; 83 FR 63105, Dec. 7, 2018; 84 FR 37592, Aug. 1, 2019; 86 FR 23625, 23627, May 4, 2021; 88 FR 21439, Apr. 10, 2023; 89 FR 89864, Nov. 13, 2024; 89 FR 105473, Dec. 27, 2024; 91 FR 3072, Jan. 26, 2026] § 20.20 Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers. (a) Separate affiliate. (1) The affiliate shall maintain separate books of account from its affiliated incumbent LEC. Nothing in this section requires the affiliate to maintain separate books of account that comply with part 32 of this chapter; (2) The affiliate shall not jointly own transmission or switching facilities with its affiliated incumbent LEC that the affiliated incumbent LEC uses for the provision of local exchange service in the same in-region market. Nothing in this section prohibits the affiliate from sharing personnel or other resources or assets with its affiliated incumbent LEC; and (3) The affiliate shall acquire any services from its affiliated incumbent LEC for which the affiliated incumbent LEC is required to file a tariff at tariffed rates, terms, and conditions. Other transactions between the affiliate and the incumbent LEC for services that are not acquired pursuant to tariff must be reduced to writing and must be made on a compensatory, arm's length basis. All transactions between the incumbent LEC and the affiliate are subject to part 32 of this chapter, including the affiliate transaction rules. Nothing in this section shall prohibit the affiliate from acquiring any unbundled network elements or exchange services for the provision of a telecommunications service from its affiliated incumbent LEC, subject to the same terms and conditions as provided in an agreement approved under section 252 of the Communications Act of 1934, as amended. (b) Independence. (c) Joint marketing. (d) Exceptions Rural telephone companies. (2) Incumbent LECs with fewer than 2 percent of subscriber lines. (i) Necessary to avoid a significant adverse economic impact on users of telecommunications services generally or to avoid a requirement that would be unduly economically burdensome, and (ii) Consistent with the public interest, convenience, and necessity. (e) Definitions. Affiliate. Broadband Commercial Mobile Radio Service (Broadband CMRS). Incumbent Local Exchange Carrier (Incumbent LEC). In-region. Rural Telephone Company. (f) Sunset. [62 FR 63871, Dec. 3, 1997, as amended at 66 FR 10968, Feb. 21, 2001] § 20.21 Signal boosters. (a) Operation of Consumer Signal Boosters. (1) Prior to operation, the subscriber obtains the consent of the licensee providing service to the subscriber; (2) Prior to operation, the subscriber registers the Consumer Signal Booster with the licensee providing service to the subscriber; (3) The subscriber only operates the Consumer Signal Booster with approved antennas, cables, and/or coupling devices as specified by the manufacturer of the Consumer Signal Booster; (4) The subscriber operates the Consumer Signal Booster on frequencies used for the provision of subscriber-based services under parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. Operation on part 90 (Specialized Mobile Radio) frequencies is permitted upon the Commission's release of a public notice announcing the date Consumer Signal Boosters may be used in the band; (5) The Consumer Signal Booster complies with paragraphs (e), (f), (g), and (h) of this section and § 2.907 of this chapter; (6) The subscriber may not deactivate any features of the Consumer Signal Booster which are designed to prevent harmful interference to wireless networks. These features must be enabled and operating at all times the signal booster is in use; and (7) If operating a Wideband Consumer Signal Booster, the subscriber operates it only for personal use. (b) De minimis operation of Consumer Signal Boosters. de minimis (c) Operation of Industrial Signal Boosters. (1) Has an FCC license or obtains the express consent of the licensee(s) whose frequencies are being retransmitted by the device on a regular basis, and (2) Uses an Industrial Signal Booster which complies with paragraph (f) of this section. (d) Operation on a secondary, non-interference basis. (1) The operation of signal boosters must not cause harmful interference to the communications of any primary licensed service. (2) Upon request of an FCC representative or a licensee experiencing harmful interference, a signal booster operator must: (i) Cooperate in determining the source of the interference, and (ii) If necessary, deactivate the signal booster immediately, or as soon as practicable, if immediate deactivation is not possible. (e) Consumer Signal Booster Network Protection Standard. (2) Certification requirements. (ii) In case of any conflict between the rules set forth in this section and the rules set forth in parts 22, 24, 27, and 90 of title 47, chapter I of the Code of Federal Regulations, the rules in this section shall govern. (iii) The application for certification must satisfy the Commission that the Consumer Signal Boosters' features designed to prevent harmful interference and protect wireless networks cannot be easily defeated and must be enabled at all times. (3) Frequency Bands. (4) Self-monitoring. (5) Anti-oscillation. (6) Power Down. (7) Interference Avoidance for Wireless Subsystems. (8) Wideband Consumer Signal Boosters. (i) Technical Requirements Noise Limits. 1 ( 2 ( i 10 ( ii ( iii (B) Bidirectional Capability. i.e., (C) Booster Gain Limits. 1 ( i ( ii ( 2 ( i 10 ( ii ( iii (D) Power Limits. (E) Out of Band Emission Limits. (F) Intermodulation Limits. (G) Booster Antenna Kitting. (H) Transmit Power Off Mode. (I) Uplink Inactivity. (ii) Interference Safeguards. (A) Anti-Oscillation. i.e., (B) Gain Control. (C) Interference Avoidance for Wireless Subsystems. (9) Provider-Specific Consumer Signal Boosters. (i) Technical Requirements Noise Limits. ( 1 ( i ( ii ( 2 i 10 ( ii ( iii (B) Bidirectional Capability. i.e., (C) Booster Gain Limits. ( 1 ( i ( ii ( 2 ( i 10 ( ii ( iii e.g., e.g., e.g., (D) Power Limits. (E) Out of Band Gain Limits. 1 ( i ( ii ( iii ( 2 (F) Out of Band Emission Limits. (G) Intermodulation Limits. (H) Booster Antenna Kitting. (I) Transmit Power Off Mode. (J) Uplink Inactivity. (ii) Interference Safeguards. (A) Anti-Oscillation. i.e., (B) Gain Control. (C) Interference Avoidance for Wireless Subsystems. (10) Equivalent Protections. (f) Signal booster labeling requirements. (i) In on-line, point-of-sale marketing materials, (ii) In any print or on-line owner's manual and installation instructions, (iii) On the outside packaging of the device, and (iv) On a label affixed to the device: (A) For Consumer Signal Boosters: ( 1 BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless provider and have your provider's consent. Most wireless providers consent to the use of signal boosters. Some providers may not consent to the use of this device on their network. If you are unsure, contact your provider. You MUST operate this device with approved antennas and cables as specified by the manufacturer. Antennas MUST be installed at least 20 cm (8 inches) from any person. You MUST cease operating this device immediately if requested by the FCC or a licensed wireless service provider. WARNING. E911 location information may not be provided or may be inaccurate for calls served by using this device. ( 2 This device may be operated ONLY in a fixed location for in-building use. (B) For Industrial Signal Boosters: WARNING. This is NOT a CONSUMER device. It is designed for installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or express consent of an FCC Licensee to operate this device. Unauthorized use may result in significant forfeiture penalties, including penalties in excess of $100,000 for each continuing violation. (2) A Consumer Signal Booster label may contain an acknowledgement that particular provider(s) have given their consent for all consumers to use the device. Such an acknowledgement would be inserted prior to, “Some wireless providers may not consent to the use of this device on their network. If you are unsure, contact your provider.” The remaining language of the advisory shall remain the same. (g) Marketing and sale of signal boosters. (h) Registration. (1) The name of the Consumer Signal Booster owner and/or operator, if different individuals; (2) The make, model, and serial number of the device; (3) The location of the device; and (4) The date of initial operation. Licensee consent is voluntary and may be withdrawn at the licensee's discretion. [78 FR 21559, Apr. 11, 2013, as amended at 79 FR 70795, Nov. 28, 2014; 83 FR 17090, Apr. 18, 2018] § 20.22 Rules governing mobile spectrum holdings. (a) Applicants for mobile wireless licenses for commercial use, for assignment or transfer of control of such licenses, or for long-term de facto Report and Order, (b) Attribution of interests. (i) Applying a mobile spectrum holding limit to the licensing of spectrum through competitive bidding; and (ii) Applying the initial spectrum screen to secondary market transactions. (2) Controlling interests shall be attributable. (3) Non-controlling interests of 10 percent or more in spectrum shall be attributable. de facto (4) The following interests in spectrum shall also be attributable to holders: (i) Officers and directors of a licensee shall be considered to have an attributable interest in the entity with which they are so associated. The officers and directors of an entity that controls a licensee or applicant shall be considered to have an attributable interest in the licensee. (ii) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A's interest in licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A's interest in licensee C would be 20% because B's ownership of C exceeds 50%). (iii) Any person who manages the operations of a licensee pursuant to a management agreement shall be considered to have an attributable interest in such licensee if such person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, the nature or types of services offered by such licensee, the terms upon which such services are offered, or the prices charged for such services. (iv) Any licensee or its affiliate who enters into a joint marketing arrangement with another licensee or its affiliate shall be considered to have an attributable interest in the other licensee's holdings if it has authority to make decisions or otherwise engage in practices or activities that determine or significantly influence the nature or types of services offered by the other licensee, the terms upon which such services are offered, or the prices charged for such services. (v) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses. (vi) Debt and instruments such as warrants, convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not be attributed unless and until converted or unless the Commission determines that these interests confer de facto (5) The following interests shall be attributable to holders, except to lessees and sublessees for the purpose of qualifying to bid on reserved licenses offered in the Incentive Auction, discussed in paragraph (c) of this section, on the basis of status as a non-nationwide provider: (i) Long-term de facto (ii) [Reserved] (c) [Reserved] [79 FR 40002, July 11, 2014, as amended at 80 FR 61970, Oct. 14, 2015; 90 FR 57704, Dec. 12, 2025] § 20.23 Contraband wireless devices in correctional facilities. (a) Good faith negotiations. (b) Contraband Interdiction System (CIS) authorization process. (1) Application requirements. (i) Demonstrates that all radio transmitters used as part of the CIS have appropriate equipment authorizations pursuant to Commission rules in part 2 of this chapter; (ii) Demonstrates that the CIS is designed and will be configured to locate devices solely within a correctional facility; (iii) Describes the methodology to be used in analyzing data collected by the CIS and demonstrates that such methodology is adequately robust to ensure that the particular wireless device is in fact located within a correctional facility and includes specific data analysis benchmarks designed to ensure successful detection, such as rate of detection of contraband versus non-contraband devices and relevant sample size ( e.g. (iv) Demonstrates that the CIS will secure and protect all information or data collected as part of its intended use; (v) Demonstrates that the CIS will not interfere with emergency 911 calls; (vi) Describes whether the CIS requires a spectrum or network access agreement ( e.g., (vii) Includes a proposed test plan for subsequent site-based testing of each CIS, that must include detailed descriptions and technical specifications to facilitate Commission review of whether the system satisfies its legal requirements and technically functions as anticipated. (2) Marketing and sales. (3) Site-based testing and self-certification requirements Site-based testing. (A) Authorizes operation on the frequencies on which the CIS seeks to detect contraband use; and (B) Authorizes service in the geographic area ( e.g., (ii) Self-certification. (A) Identifies the correctional facility where it seeks to deploy; (B) Attests that applicable Federal or state criminal statutes prohibit the possession or operation of contraband devices within the correctional facility (and includes the applicable Federal or state criminal statutory provision); (C) Describes the results of on-site tests of the certified CIS conducted at the correctional facility; (D) Attests that the on-site testing was performed consistent with the approved test plans for the certified CIS and that the CIS deployment minimizes the risk of disabling a non-contraband device; (E) Identifies whether any relevant wireless providers participated in the testing, and provides proof that the relevant wireless providers were given notice regarding the testing and a reasonable opportunity to participate; (F) Includes proof of any spectrum and/or network access agreement ( e.g., (G) Includes proof that the self-certification was served via electronic means on all relevant wireless providers; and (H) Includes an attestation from the DCFO verifying that all information contained in the self-certification is true and accurate. (I) The self-certification must be filed in accordance with part 1, subpart F, of this chapter. (4) Submitting objections. (5) Recertification. (6) Suspension of CIS eligibility. (7) Records maintenance. (c) Disabling contraband wireless devices. (1) DCFO list. (i) The individual's name; (ii) The individual's official government position; and (iii) A list of correctional facilities over which the individual has oversight and management authority. (2) Qualifying request. (i) Certifications. (A) A CIS that has been certified in accordance with paragraph (b) of this section was used to gather the contraband subscriber and device information populated in the qualifying request; (B) The certified CIS was used to identify contraband wireless devices operating in a correctional facility where the CIS has been tested and self-certified for operational readiness and for use in qualifying requests, and the identification of contraband wireless devices occurred within 30 days immediately prior to the date of the qualifying request submission; (C) The DCFO has reviewed the list of contraband wireless devices and attests that it is accurate; and (D) It is a violation of applicable state or Federal criminal statutes to possess or operate a contraband device in the correctional facility. (ii) Device and correctional facility identifying information. (A) Identifiers sufficient to: ( 1 ( 2 ( 3 (B) Name of the correctional facility at which the contraband wireless device(s) were identified; and (C) Street address of the correctional facility at which the contraband wireless device(s) were identified. (3) Licensee actions upon receipt of a qualifying request. (i) Disabling upon receipt of a qualifying request and timing. (ii) Rejection of a qualifying request and timing. (iii) Customer outreach. (iv) Notification to the Designated Correctional Facility Official. (4) Reversals. (i) DCFO involvement. (A) The date of the qualifying request; (B) The identifying information provided for the device; and (C) Any evidence supporting the wireless provider's belief that the device was erroneously identified. (ii) DCFO response. (iii) Restoration of service. (iv) Wireless provider action in absence of timely DCFO response. (v) Notice of reversals. (d) Notification to Managed Access System (MAS) operators of wireless provider technical changes Notification requirements. (i) Adding a new frequency band to service offerings; (ii) Deploying a new air interface technology or changing an existing air interface technology; and/or (iii) Adding, relocating, or removing a site. (2) Good faith negotiations. (3) Emergency network changes exception. [82 FR 22761, May 18, 2017, as amended at 86 FR 44638, Aug. 13, 2021]