§  20.23   Contraband wireless devices in correctional facilities.

   (a) Good faith negotiations. CMRS licensees must negotiate in good
   faith with entities seeking to deploy a Contraband Interdiction System
   (CIS) in a correctional facility. Upon receipt of a good faith request
   by an entity seeking to deploy a CIS in a correctional facility, a CMRS
   licensee must negotiate toward a lease agreement. 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), accompanied by evidence demonstrating its good faith, and the
   unreasonableness of the CMRS licensee's actions, in negotiating an
   agreement. The request must be served on the CMRS licensee no later
   than the filing of the STA request, and the CMRS licensee may 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. If WTB determines that
   the CIS provider has negotiated in good faith, yet the CMRS licensee
   has not negotiated in good faith, WTB may issue STA to the entity
   seeking to deploy the CIS, notwithstanding lack of accompanying CMRS
   licensee consent.

   (b) [Reserved]

   [ 82 FR 22761 , May 18, 2017]

   

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