Federal Communications Commission (FCC) Chairman Brendan Carr has announced a proposal to permit state and local correctional facilities to deploy cellphone jamming technology, a move intended to curb the use of contraband devices. The commission is scheduled to vote on the new rules during its Open Meeting on November 19, 2026.
The proposal marks a significant shift in federal spectrum policy. Since the passage of the Communications Act of 1934, Section 333 has strictly prohibited any entity other than the federal government from willfully or maliciously interfering with licensed radio communications. While federal prisons have previously tested jamming technologies under specific authorizations, state and local facilities—where the majority of the U.S. incarcerated population is held—have been legally barred from using such tools.
The ‘Deauthorization’ Legal Strategy
To navigate the restrictions of Section 333, Carr’s proposal relies on a legal theory known as “deauthorization.” Rather than simply authorizing interference with a signal, the Federal Communications Commission would move to deauthorize the use of wireless devices within the specific geographic footprint of a prison. Under this interpretation, because the devices would no longer be “authorized” to operate on those frequencies within that area, the jamming would technically not be interfering with a lawful radio station or licensed communication.
This approach seeks to resolve a long-standing stalemate between prison officials and wireless carriers. In the past, the industry and the FCC have largely preferred “Managed Access” systems, which act like private cellular networks to intercept calls and permit only authorized numbers. However, correctional departments have frequently argued that Managed Access is too expensive, technically difficult to maintain, and easily bypassed by newer 5G technologies.
Addressing Contraband Scale and Public Safety
The push for jamming follows data highlighting the persistence of unauthorized mobile devices in prisons. According to 2024 figures, prison authorities recovered over 25,000 contraband cellphones in a single year. Proponents of the rule change argue that these devices are used to coordinate criminal activity both inside and outside prison walls, including the harassment of witnesses and the management of drug trafficking operations.
The proposed rules are designed as an “opt-in” measure for state and local facilities rather than a federal mandate. To address concerns from wireless carriers, the draft includes a “safe harbor” provision. This protects providers from liability if a legitimate connection is inadvertently dropped or jammed as a result of the prison’s authorized system.
Opposition and Technical Concerns
The proposal faces pushback from civil rights groups and consumer advocates, including Public Knowledge and Worth Rises. These organizations argue that jamming technology remains imprecise and risks “signal leakage” into surrounding communities. The primary concern is the potential for interference with emergency 911 calls made by residents living near correctional facilities or by staff within the prison who may need to use personal devices during an outage of the facility’s landline systems.
Opponents also cite concerns regarding inmate isolation resulting from the measure.
