So-called "jammers" block the signals of telecommunications devices so that they do not function in certain areas. Given the proliferation of cell phones in schools, many educators would love to have an "off" switch they could flip in classrooms or during testing periods. The Federal Communications Commission (FCC) takes the position that the use of jammers violates the Communication Act of 1934. Its Web site states:

"The operation of transmitters designed to jam or block wireless communications is a violation of the Communications Act of 1934, as amended ("Act"). See 47 U.S.C. Sections 301, 302a, 333. The Act prohibits any person from willfully or maliciously interfering with the radio communications of any station licensed or authorized under the Act or operated by the U.S. government. 47 U.S.C. Section 333. The manufacture, importation, sale or offer for sale, including advertising, of devices designed to block or jam wireless transmissions is prohibited. 47 U.S.C. Section 302a(b). Parties in violation of these provisions may be subject to the penalties set out in 47 U.S.C. Sections 501-510. Fines for a first offense can range as high as $11,000 for each violation or imprisonment for up to one year, and the device used may also be seized and forfeited to the U.S. government."

While the ability to shut down telecommunications in some areas of school buildings would be a huge help to many districts, given the FCC's position, districts are discouraged from purchasing these jammers or similar technology for use in schools. Maybe it's time for Congress and the FCC to reconsider this position...

Posted by OSBA Legal Ledger on 5/15/2009