Senate Inquiry Regarding Cell Site Simulators
On October 6, 2016, a group of twelve United States Senators sent a letter of inquiry to Federal Communications Commission (FCC) Chairman Tom Wheeler concerning state and local law enforcement use of cell site simulators (CSS), also commonly referred to as Stingrays.
The inquiry, signed by Senators Al Franken, Patrick Leahy, Ron Wyden, Sherrod Brown, Edward J. Markey, Elizabeth Warren, Jeff Merkley, Tammy Baldwin, Bernard Sanders, Tom Udall, Martin Heinrich, and Christopher A. Coons, raised questions regarding potential disruption to cellular communications, impact on emergency services, operational licensing requirements under the Communications Act, and non-disclosure agreements coordinated with the Federal Bureau of Investigation (FBI).
FCC Jurisdiction and Technical Authorization Scope
In a formal response dated November 23, 2016, Chairman Wheeler outlined the Commission's statutory role under the Communications Act. The FCC is responsible for authorizing radio frequency transmitters and overseeing non-Federal spectrum usage across commercial, private business, personal, and state and local government domains.
The Commission began issuing equipment authorizations for cell site simulator devices in 2011. Chairman Wheeler noted that each public grant lists the operating frequency ranges and maximum power levels. However, equipment authorizations evaluate technical radio parameters and do not address non-technical matters such as judicial approval or court authorization for law enforcement operations.
- Authorizations specify operating frequency bands and maximum output power limits.
- Operating range depends on environmental factors, location, power settings, and attached antenna types.
- Spectrum administration for Federal entities falls under the National Telecommunications and Information Administration (NTIA).
Mandatory Grant Conditions and Task Force Coordination
The Commission stated that all CSS equipment authorizations include two specific operational conditions. First, marketing and sales are strictly limited to federal, state, and local public safety and law enforcement officials. Second, state and local law enforcement agencies must coordinate the acquisition and use of authorized equipment in advance with the FBI.
Chairman Wheeler clarified that the FCC's conditions contemplated oversight under FBI auspices but did not require or specify non-disclosure agreements between purchasers and the FBI. Additionally, the response highlighted ongoing interagency work through an internal FCC task force established in 2014 to address cell site simulator deployment and illicit IMSI catcher usage.
- Sales and marketing are restricted exclusively to public safety and law enforcement entities.
- State and local agencies must advance coordinate acquisition and deployment with the FBI.
- Internal FCC task force established in 2014 maintains ongoing engagement with federal partners.