OTTAWA, June 20, 2002 — Industry Canada today announced the results of a public consultation held to determine the public interest in broadening the use of radio frequency jamming devices. Often referred to as “jammers” or “cellphone silencers,” these devices are capable of interfering with, or blocking cellular, radio and personal communications services. They can also eliminate the ringing and/or operation of cell phones in a variety of public and private environments.

The public consultation gave all interested parties the opportunity to express their views and offer advice as to whether, and under what conditions, other license applications for these devices should be considered. Over 200 submissions were received from individual Canadians, in addition to some 30 submissions by Canadian companies and industry associations. A majority of respondents were opposed to broadening the use of jamming devices.

As a result, the department has concluded that the prohibition against possession and use of these jamming devices should remain unchanged. Industry Canada reviewed all the submissions, consulted with other departments and agencies, and analysed technical devices available for commercial/public use. Some of the major reasons behind this conclusion include concerns that use of these devices could: affect public safety, such as 911 calls; impede personal freedoms, for example the inability to receive important phone calls; and, impair communications for law enforcement and security agencies. A policy statement will be published in the Canada Gazette.

The department notes that the wireless industry has begun a campaign for promoting responsible cell phone use and strongly encourages the industry to continue to strengthen these efforts.

For more information, please contact:

David E. Warnes
Senior Advisor, Spectrum Policy
Industry Canada
Telecommunications Policy Branch
(613) 998-4010

Backgrounder
Radio Jammers

In March 2001, Industry Canada sought public input on the potential of broadening the authorization of cellular phone silencers in response to discussions with representatives of the wireless industry, developers of jamming devices and emerging public opinions. Before the department could consider this type of application, it was necessary to determine: (a) the impact of such devices on wireless services; and, (b) whether the public interest would be served by permitting these devices to be used for broader applications than the limited authorizations issued in the past for law enforcement or public safety purposes.

Prior to this decision, Industry Canada did not permit the use of these devices unless under the authority of the Radiocommunication Act. The department considered applications for the occasional use, on a restricted basis, for use by public safety and law enforcement agencies only.

Consultation

The department received a large number of comments in response to this consultation. Comments came from 206 individuals and 28 associations, including the Association of Public Safety Communications Officials of Canada (APCO Canada), Information Technology Association of Canada (ITAC), the Radio Advisory Board of Canada (RABC), Chiefs of Police, Fire Chiefs, as well as from medical professionals. Wireless industry associations and government agencies also participated, including: the Canadian Wireless Telecommunications Association, Environment Canada, the Ontario Government Mobile Communications Office, and Federal Emergency Preparedness Offices.

All of the Canadian Associations and a majority of individual respondents were against the broadened use of cell-phone silencers in Canada. They concluded that the risks associated with the use of these jammers far outweigh any perceived benefits they may provide. Some of the key risks cited by the respondents included:

• an environment of compromised personal safety (lack of emergency access);



• enforcement issues;



• radio frequency environment impact in general (including spill-over);



• legal and liability issues; and,



• Charter of Rights challenges.

In fact, manufacturers of these jammer-type devices themselves indicated that 'pure' jamming is not recommended.

The Fire and Police Associations and the general medical community believe that if the department were to broaden the use of jammers there would be severe implications to the general public.

There were a minority of individual respondents who indicated their support for the broadened use of these devices. Their rationale was that they are tired of the lack of consideration for others, or lack of social etiquette, particularly in public places, such as restaurants and theatres. Interestingly however, none of the restaurant or theatre associations participated in the consultation.

The issue of personal and public safety dominated the responses. Parents who identified themselves as having children with special needs who needed continuous contact with their child/ren, doctors who are on-call who require access in emergency situations and even those waiting for a life-saving organ transplant call all provided examples to the department. In the aftermath of the tragic events of September 11^th, 2001, the issue of safety has become even more paramount, again reinforcing the importance and need for ensuring personal and public safety for Canadians through reliable telecommunications.

Summary

Industry Canada is announcing that the use of jamming devices is not permitted. With respect to use of jamming devices in connection with security and protective functions, the department considers that this is appropriately addressed through the existing statutory exemption power, which has restricted applications. The department recognizes that federal agencies performing such functions in relation to international relations, national defence, security and safety may, in very limited circumstances, require the ability to temporarily interfere with radiocommunication. As such, the Department is recommending to the Governor-in-Council that a limited exemption be made to the Royal Canadian Mounted Police (RCMP), Canadian Security Intelligence Service (CSIS) and the Department of National Defence, Canadian Forces (DND-CF). This limited exemption would grant them the ability to work within the law and their statutory responsibilities to fulfil their mandate without contravening Industry Canada’s legislation. The details of this exemption can be found at http://www.strategis.gc.ca.

It should be noted that this exemption does not usurp the Charter of Rights and Freedoms or the legislation under which these organizations operate; these remain applicable. Industry Canada has supported and encouraged wireless industries to inform their subscribers and public on the importance of appropriate cell-phone use and social etiquette, and the industry has initiated a program on cell-phone etiquette. It encourages people to be cell-savvy in places such as theatres, restaurants, libraries, lecture halls, classrooms and religious institutions. The department will continue to strongly encourage the promotion of social etiquette through the wireless industries.

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Date Modified: 2005-04-18 Important Notices