CellAntenna argues that the FCC's interpretation of several sections of the Federal Communications Act (FCA) of 1934 violate the 14th amendment of the Constitution and conflict with both the public interest and the wishes of Congress. Additionally, the FCC ruling puts at risk the lives of first responders and the public in the event of a terrorist attack using a remote controlled improvised explosive device (RCIED).
Section 302 of the FCA of 1934 limits the state and local use of cellular and radio jamming devices, granting use of such equipment solely to the federal government. While originally intended to preserve open airways within the U.S., the current interpretation by the FCC prohibits state and local emergency responders from arming themselves with jamming equipment that could be used in the event of a terrorist attack.
CellAntenna argues that this position conflicts with the 2002 Homeland Security Act (HSA) on the need for emergency responders to use new technologies to defend the U.S. against terrorist threats.
Radio frequency jamming equipment obstructs radio and cellular frequencies and prevents a device from receiving signals. Increasingly, insurgent groups in Iraq and terrorist cells abroad have begun to turn to cellular-triggered explosives as a means of attacking civilian and military targets. Armed with cellular jamming technology, emergency first responders -- almost always state and local personnel -- could quickly eliminate risks posed by cellular- or radio-triggered explosives and limit further detonations immediately following an attack. The FCC's current interpretation of the 1934 Act, however, keeps state and local officials from having access to the technology.
