The National Labor Relations Board (NLRB) has earlier endorsed a workplace policy that prohibits employees from using cell phones for safety reasons. Furthermore, the Federal Communications Commission (FCC) has recently confirmed a fine levied against an employer for the use of signal jammers to block employees’ access to cell phones during work hours.
Devices known as signal jammers are designed to suppress, block, or interfere with authorized radio frequencies and communications, and their use is prohibited under the federal Communications Act of 1934, as amended (the “Act”), with certain limited exceptions. The presence of mobile jammers poses a serious threat to public safety by preventing individuals from contacting emergency services via 911, disrupting the communications of first responders, and interfering with critical safety communications in both aviation and maritime contexts.
Under the provisions of the Act, the use or operation of any device designed for the transmission of energy, communications, or signals by radio is prohibited within the United States unless it is licensed or authorized. Additionally, the Act clearly states that no person shall intentionally or maliciously disrupt or interfere with the radio communications of any station that is licensed or authorized under this chapter or operated by the United States Government.
Additionally, the Act specifies that “No person shall engage in the manufacture, importation, sale, offering for sale, or transportation of any device or household electronic device or system that does not comply with the regulations issued under this section, nor shall they operate a device that is not in compliance with the regulations established under this section.” Such regulations require that radio frequency devices obtain authorization from the Federal Communications Commission before they may be utilized.
As a result, a jamming device is ineligible for certification or authorization due to its fundamental purpose of blocking or interfering with authorized radio communications. The utilization of such a device would jeopardize the integrity of the nation’s communications infrastructure. Therefore, a jamming device does not conform to the technical standards set by the FCC and is not permitted for legal use within the United States.
The FCC Enforcement Bureau initiated an investigation into a warehouse business located in Texas after receiving a signal interference complaint from AT&T. The business owner admitted to utilizing a signal jammer to restrict employee cell phone usage during work hours. According to the FCC, the owner acknowledged that her son had been informed by an AT&T representative that the use of a jammer was against the law. Moreover, the owner conveyed to FCC agents that she had discarded the jamming device and was not inclined to recover it or disclose its location, although she did offer to sell the device to the agents, which they declined.
