Company challenges FCC rules on cell phone-jamming gear

["Richard M. Smith" <rms () computerbytesman com>]

http://news.com.com/2102-1036_3-6139854.html?tag=st.util.print

Company challenges FCC rules on cell phone-jamming gear 



By Marguerite Reardon
Story last modified Fri Dec 01 06:25:35 PST 2006 

 
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A small Florida company is taking on the Federal Communications Commission
to change regulations prohibiting the sale of equipment used to scramble
cell phone signals to local and state agencies. 

The company,  <http://cellantenna.com/> CellAntenna, filed a lawsuit in the
U.S. Court of Appeals in the 11th Circuit in Atlanta on November 22
challenging the  <http://en.wikipedia.org/wiki/Communications_Act_of_1934>
Communications Act of 1934, which is enforced by the FCC. The 1934 act and
the FCC regulations that go along with it prohibit the use of cellular and
radio frequency-jamming equipment, except by federal agencies. This means
that local and state officials are not permitted to use such equipment,
which could be used to help prevent terrorist attacks. 

CellAntenna argues that the Communications Act and the FCC regulations that
interpret the law are unconstitutional because they are in conflict with the
<http://www.dhs.gov/xabout/laws/law_regulation_rule_0011.shtm> Homeland
Security Act of 2002, adopted by Congress in the wake of the September 11,
2001, terrorist attacks. 

It's widely known in the intelligence and law enforcement communities that
cell phones can be used to remotely detonate some types of bombs. The
electrical properties for most batteries used today in cell phones provide
enough energy to produce the necessary spark or power to detonate a blasting
cap or a modified electrical match, which is often used in plastic
explosives. Also, built-in alarms and timing mechanisms available on even
low-end cell phones make it easy to use even the simplest and cheapest
mobile devices as tools to set off bombs.

Cell phones are believed to have been used in the Madrid train bombings in
2004. And they've been used effectively during the past few years by
insurgents to trigger roadside explosions in Iraq. Equipment made by
companies such as CellAntenna that can jam or block cellular signals is used
by the U.S. military in Iraq to help protect convoys traveling through known
trouble spots. 

But here in the United States only federal government agencies are allowed
to use cell phone scrambling equipment. Local and state law enforcement
agencies, which would be the first responders to a terrorist attack here at
home, are prohibited by law from obtaining such gear. 

"It just doesn't make much sense that the FBI can use this equipment, but
that the local and state governments, which the Homeland Security Act has
acknowledged as being an important part of combating terrorism, cannot,"
said Howard Melamed, chief executive of CellAntenna. "We give local police
guns and other equipment to protect the public, but we can't trust them with
cellular-jamming equipment? It doesn't make sense."

...

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