The National Labor Relations Board (NLRB) has previously supported an employer's policy that restricts employees from utilizing cell phones in the workplace due to safety concerns. Additionally, the Federal Communications Commission (FCC) has recently affirmed a penalty imposed on an employer for employing signal jammers to inhibit employees from using cell phones at work.
Signal jammers are devices that obstruct, hinder, or disrupt authorized radio frequencies and communications, rendering them illegal under the federal Communications Act of 1934, as amended (the Act), with few exceptions. These mobile jammers present a significant risk to public safety by obstructing individuals from making emergency calls to 911, interfering with the communications of first responders, and disrupting safety communications in aviation and maritime operations.
The Act forbids the utilization or operation of any apparatus intended for the transmission of energy, communications, or signals via radio within the United States, unless such activities are duly licensed or authorized. Furthermore, the Act stipulates that no individual shall intentionally or maliciously obstruct or interfere with the radio communications of any station that is licensed or authorized under this chapter, or operated by the United States Government.
Furthermore, the Act stipulates that "No individual shall manufacture, import, sell, offer for sale, or transport a device or household electronic device or system that fails to adhere to the regulations established under this section, nor shall they utilize a device that does not conform to the regulations set forth in this section." These regulations mandate that radio frequency devices must receive authorization from the Federal Communications Commission prior to their use.
Consequently, a jamming device cannot receive certification or authorization, as its main function is to obstruct or disrupt authorized radio communications. The deployment of such a device would compromise the integrity of the nations communications infrastructure. As a result, a jamming device fails to comply with the FCCs technical standards and is prohibited for legal use in the United States.
In this instance, the Enforcement Bureau of the FCC looked into a Texas warehouse operation after AT&T lodged a complaint concerning signal interference. The proprietor of the business confessed to employing a signal jammers to prevent staff from using their mobile phones while on duty. The FCC noted that the owner acknowledged that an AT&T representative had previously warned her son about the illegal nature of using such a device. Additionally, the owner communicated to FCC agents that she had disposed of the jammer and was not prepared to retrieve it or reveal its whereabouts, although she did express a willingness to sell the device to the agents, which was ultimately refused.