Memorandum of Understanding on the use of radio frequency interfering equipment within prisons General The parties to this agreement include:  The Ministry of Justice (MoJ) through its agency the National Offender Management Service (NOMS)  The Office of Communications (Ofcom)  Mobile Network Operators (EE Ltd, Hutchison 3G Ltd, Telefonica UK Ltd and Vodafone Ltd) References to “prisons” include all prisons, young offender institutions and secure training centres. Background 1. The presence of illicit mobile phones in prisons presents serious risks to the security of prisons and to the safety of the public. Mobile phones in prisons are used for a range of criminal purposes, including commissioning serious violence, harassing victims and continuing involvement in extremist networks, organised crime and gang activity. Illicit access to mobile phones is also strongly associated with drug supply and use, violence and bullying. This has been acknowledged by the Government’s ‘Drug Strategy 2010’1 and the 2008 report ‘Disrupting the Supply of Drugs into Prisons’.2 The report ‘Local to Global: Reducing the Risk from Organised Crime’3 also acknowledged the links between mobile phones in prison and ongoing criminality. 2. The current National Offender Management Service’s (“NOMS”) approach is to minimise the numbers of mobile phones entering prisons, find those that do enter, disrupt mobile phones that cannot be found and to deter prisoners from wanting a mobile phone. 3. NOMS therefore deploys two different types of wireless telegraphy interfering equipment (collectively known as “the Equipment”) within prisons that are intended to detect and/or disrupt the illegal use of mobile phones within prisons, and to collect data about their use. The Prisons (Interference with Wireless Telegraphy) Act 2012 gives the Secretary of State the power to authorise prisons to use the Equipment. 1 Drug Strategy 2010, Reducing Demand, Restricting Supply, Building Recovery: Supporting People to live a drug free life.8-8 2 The Blakey Review, July 2008. 3 Local to Global: Reducing the Risk from Organised Crime, July 2011. 1 4. This Memorandum of Understanding (MoU) will differentiate between equipment which is fixed and installed permanently in place (“Fixed Equipment”) and equipment which can be moved around the prison facility (“Portable Equipment”.) 5. Ofcom will give advice to NOMS on technical, coordination and interference issues. Ofcom will also facilitate a dialogue between NOMS and the Mobile Network Operators (“the Operators”) designed to ensure that appropriate procedures are put in place and followed, in the event of interference arising beyond the prison perimeter that may be attributable to the use of the Equipment, in line with its statutory duties to manage the radio spectrum. This role, and the contents of this document, are without prejudice to any powers, functions and duties Ofcom has under any relevant legislation, including any powers to require modification, restriction or cessation in the use of any Equipment should any duty Ofcom is under so require. 6. The Equipment has the potential to cause harmful interference to the Operators customers who are legitimately using their mobile devices in the vicinity of prisons and/or the network equipment of the Operators. Not only could this be extremely inconvenient to Operators’ customers, disrupting their personal and business activities, but interference could also put people at risk by preventing access to services such as 999 emergency services from affected mobile phones. 7. In order to ensure that: a. Equipment deployed by NOMS is able to fulfil its intended function within Her Majesty’s prisons; b. the Operators are able to continue to offer a commercial service and the provision of 999 access outside Her Majesty’s prisons; and c. Ofcom can perform its statutory functions and duties relating to the electromagnetic spectrum, the parties agree it is necessary to provide essential safeguards on the installation and deployment of the Equipment and to set up a process for resolving complaints. This MoU has therefore been agreed between the concerned parties: NOMS, Operators and Ofcom. 8. It is also likely that once they have the statutory authority to do so, prisons under the control of the private sector may also want to deploy blocking equipment. NOMS therefore guarantee that all deployments made by the private sector will be held to the same standards and will be bound by the same rules governing design, usage, monitoring, testing and complaint resolution as prisons in the public sector. 2 9. The MoU covers: use, design, deployment, monitoring, complaint resolution and review. Use of Equipment 10. NOMS will potentially deploy the Equipment in all prisons, young offender institutions and secure training centres in England and Wales as operational needs dictate. A list of current Equipment (Fixed and Portable) deployed will be provided to Ofcom and the Operators on a quarterly basis each year. 11. The Equipment deployed shall meet the specifications in Annex A before it is commissioned into operation. NOMS will not deploy, or will cease to deploy (as the case may be), Equipment that does not, or ceases to, meet the specifications included in Annex A. 12. If NOMS intends to deploy Fixed Equipment into prisons which do not currently have Fixed Equipment then, NOMS will, inform Ofcom and the Operators at least four weeks prior to deployment. Design 13. REDACTED S.31(1)(f) 14. For the avoidance of doubt, any design, installation, testing and operation of any Equipment shall be undertaken in a manner that will so far as technically possible avoid degradation of the Operator’s service to legitimate customers beyond the prison perimeter, while enabling NOMS to block signals within the prison perimeter and within the scope of the Prisons (Interference with Wireless Telegraphy) Act 2012 and other legislative provisions it considers applicable to its use of the Equipment. 15. For each installation, NOMS will confirm in writing to Ofcom and the Operators that the installation complies with the requirements in Annex A. Deployment of Fixed Equipment 16. The MoJ will provide Ofcom and the Operators with a forecast of Fixed Equipment installations that it envisages installing in the prison estate, young offenders institutions and secure training centres over the following twelve months annually by 31 March. 17. REDACTED S.31(1) (f) 18. REDACTED S.31(1)(f) 3 19. NOMS will give the Operators and Ofcom 22 working days notice in advance of any significant changes to the Fixed Equipment or its installation. 20. The Operators will give NOMS 15 working days notice of any significant changes to their networks that are likely to affect the operation of Fixed Equipment. Should the Operators fail to give notice of any significant network changes and it later transpires that network changes affected the operation of Fixed Equipment then no costs will be recoverable under paragraph 26. Deployment of Portable Equipment 21. NOMS will provide Ofcom and the Operators, by the 31 March each year, with an accurate register of which prisons have authorisation to use Portable Equipment. 22. NOMS will also update the Operators when a new authorisation to use Portable Equipment is made. 23. Authorisation to use Portable Equipment will be conditional on users following the provisions of this MoU and any Directions given by the Secretary of State for Justice. Prisons not deploying Portable Equipment according to those provisions and those Directions of the Secretary of State for Justice shall have their authorisation suspended until any necessary changes (i.e. in process, training, deployment) have been made to the satisfaction of NOMS. In the event of a conflict between the provisions of this MoU and those of any such user guidance, the provisions of this MoU shall prevail. Monitoring 24. Ofcom and the Operators may, from beyond the prison perimeter monitor the impact of the Equipment and may test for any interference. 25. NOMS agrees to respond to any queries that may arise from such monitoring activity (as opposed to the complaint procedure set out below) within five 5 working days. Complaint resolution 26. If public confidence in the use of the Equipment and access to 999 emergency services from affected mobile phones is to be maintained, it is absolutely essential that there is an extremely quick response to Operators’ customer complaints (including those made to Ofcom) about interference. To this end NOMS and Operators agree: 4  To maintain the list at Annex B of Single Points of Contact (Spocs) within NOMS and Operators respectively, to whom reports of interference can be made  The SPOC will take responsibility for managing any complaints through to resolution with the other party  To investigate expeditiously the cause of complaints that have been substantiated by an Operator and to take appropriate remedial action  To notify Ofcom of the steps NOMS proposes to take to resolve the complaint and the actions actually taken  An Operator will substantiate a complaint by carrying out certain checks to eliminate the possibility that the problem arises from a source other than an Installation.  These checks will include: normal customer service checks (eg. is the handset working?), reports of abnormal local atmospheric conditions, checking with the Operator’s network management centre that there have been no power outages or reductions in transmitter power in the relevant location: checking that there have been no engineering works, change requests or other exceptional circumstances that would affect network performance in the vicinity of the reported interference.  REDACTED S.31(1)(f)  In the event of an Operator reporting interference, NOMS must be given the opportunity to investigate and substantiate any complaints. Should NOMS choose not to investigate, or their investigation is not acceptable to the Operators and it is established that the cause of the interference is Equipment operating outside the parameters of the requirements in Annex A or the being used in a manner inconsistent with the Directions given by the Secretary of State for Justice, the Operator may charge NOMS reasonably incurred costs for time and travel. Review 27. At least annually, the signatories will meet to review the operation of the Equipment in prisons, ongoing compliance with and suitability of the specifications at Annex A, levels, patterns and causes of the complaints received. The signatories agree to co-operate in ensuring that any potential for inconvenience to Operators’ customers is quickly addressed. 5 28. In the light of, but subject to, its powers, functions and duties under any relevant legislation, Ofcom undertakes to use reasonable endeavours to help NOMS and Operators in their efforts to reach agreement in disputed matters relating to this MoU, where this is not possible independent of a third party. 29. Ofcom may, without liability, require this MoU to be amended or terminate its agreement to the provisions of this MoU by giving the other parties seven days’ written notice, if the law requires it to do so. Miscellaneous 30. The parties are independent contractors, and nothing in this MoU will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 31. This MoU is made solely and specifically between the parties hereto for the benefit of the parties and is not intended to be for the benefit of or enforceable by any other person, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, and neither party can declare itself a trustee of the rights under this MoU for the benefit of any such person. 32. This MoU is personal to the parties and none of the parties shall assign or transfer or purport to assign or transfer to any other person any of its rights or obligations under this MoU without the other parties’ prior written consent, with such consent not to be unreasonably withheld. 33. This MoU will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties to this MoU submit to the exclusive jurisdiction of the English Courts. 6 The parties to this Memorandum of Understanding are:  The Ministry of Justice (MoJ) through its agency the National Offender Management Service (NOMS) Signed by: …………………………………………… Job title: Signature: Date:…………………………………………………. 7  The Office of Communications (Ofcom) Signed by: REDACTED S.40 (2) Job title: REDACTED S.40 (2) Signature: REDACTED S.40 (2) Date:…………………………………………………. 8 EE Signed by: Job title: Signature: Date: .. Hutchison 3G Ltd, Signed by: Job title: Signature: Date: .. 1O Telefonica UK Signed by: Job title: Signature:) Date: .. 11 Vodafone Signed by: Job title: Signature: Date: .. 12 SHARED IN CONFIDENCE. NOT FOR WIDER CIRCULATION. REDACTED S.31(1) (f)Annex A – The Requirements documents. Annex B The following named individuals are to be regarded as the primary and secondary single points of contact (SPOCS) for the purpose of complaint resolution under section 27 of this MoU. Ministry of Justice – National Offender Management Service Primary Contact Organisation………………………………………………………………………………. Name Job Phone Number Email address Out of Hours Contact number Secondary Contact Organisation………………………………………………………………..…….………. Name Job Title Phone Number Email address Out of Hours Contact number 14 The Office of Communications (Ofcom) Primary Contact Organisation………………………………………………………………………………. Name REDACTED S.40 (2) Job Title REDACTED S.40 (2) Phone Number REDACTED S.40 (2) Email address REDACTED S.40 (2) Out of Hours Contact number REDACTED S.40 (2) Secondary Contact Organisation REDACTED S.40 (2) Name REDACTED S.40 (2) Job Title REDACTED S.40 (2) Phone Number REDACTED S.40 (2) Email address REDACTED S.40 (2) Out of Hours Contact number REDACTED S.40 (2) 15 Mobile Network Operators - EE Ltd Primary Contact Organisation………………………………………………………………………………. Name Job Title Phone Number Email address Out of Hours Contact number Secondary Contact Organisation………………………………………………………………..…….………. Name Job Title Phone Number Email address Out of Hours Contact number 16 Mobile Network Operators - Hutchison 3G Ltd Primary Contact Organisation………………………………………………………………………………. Name Job Title Phone Number Email address Out of Hours Contact number …………………………………………………………… Secondary Contact Organisation………………………………………………………………..…….………. Name Job Title Phone Number Email address Out of Hours Contact number 17 Mobile Network Operators - Telefonica UK Ltd Primary Contact Organisation………………………………………………………………………………. Name Job Title Phone Number Email address Out of Hours Contact number Secondary Contact Organisation………………………………………………………………..…….………. Name Job Title Phone Number Email address Out of Hours Contact number 18 Mobile Network Operators - Vodafone Ltd Primary Contact Organisation………………………………………………………………………………. Name Job Title Phone Number Email address Out of Hours Contact number Secondary Contact Organisation………………………………………………………………..…….………. Name Job Title Phone Number Email address Out of Hours Contact number 19