§302a — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The Federal Communications Commission (FCC) can make rules to control devices that give off radio energy if that energy can hurt radio reception. The FCC can also set basic performance rules for home electronics so they are less likely to pick up or cause interference. Those rules can cover making, importing, selling, offering for sale, shipping, and using such devices. People may not make, import, sell, ship, or use devices that break those FCC rules. Some things are not covered: carriers just moving goods without selling them, items made only for export, public utilities making equipment for their own electric service, and equipment for the U.S. government. Government equipment must meet U.S. government standards that aim to reduce radio interference while considering defense and security needs. The FCC must, within 180 days after October 28, 1992, ban authorization for scanning receivers that can get domestic cellular frequencies, can be easily changed to do so, or can decode digital cellular to analog voice. One year after those rules take effect, such receivers cannot be made in or imported into the United States. The FCC may also let private groups test and certify devices and accept their certifications if they meet FCC rules. State and local governments may pass laws that enforce certain FCC rules about citizens band (CB) radio misuse and unauthorized CB operation between 24 MHz and 35 MHz. Stations licensed by the FCC for the operation are exempt. The FCC will try to give technical help to states and locals. A person hurt by a state or local enforcement decision can appeal to the FCC within 30 days of the final decision and before suing; the FCC must decide within 180 days and can block the local action if it exceeded its authority. State action on a case does not stop the FCC from acting too. Enforcing these local rules against CB equipment on a commercial motor vehicle requires probable cause.

Title 47, §302a

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.

(b)No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section.

(c)The provisions of this section shall not be applicable to carriers transporting such devices or home electronic equipment and systems without trading in them, to devices or home electronic equipment and systems manufactured solely for export, to the manufacture, assembly, or installation of devices or home electronic equipment and systems for its own use by a public utility engaged in providing electric service, or to devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof. Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the objectives of reducing interference to radio reception and to home electronic equipment and systems, taking into account the unique needs of national defense and security.

(d)(1)Within 180 days after October 28, 1992, the Commission shall prescribe and make effective regulations denying equipment authorization (under part 15 of title 47, Code of Federal Regulations, or any other part of that title) for any scanning receiver that is capable of—

(A)receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications service,

(B)readily being altered by the user to receive transmissions in such frequencies, or

(C)being equipped with decoders that convert digital cellular transmissions to analog voice audio.

(2)Beginning 1 year after the effective date of the regulations adopted pursuant to paragraph (1), no receiver having the capabilities described in subparagraph (A), (B), or (C) of paragraph (1), as such capabilities are defined in such regulations, shall be manufactured in the United States or imported for use in the United States.

(e)The Commission may—

(1)authorize the use of private organizations for testing and certifying the compliance of devices or home electronic equipment and systems with regulations promulgated under this section;

(2)accept as prima facie evidence of such compliance the certification by any such organization; and

(3)establish such qualifications and standards as it deems appropriate for such private organizations, testing, and certification.

(f)(1)Except as provided in paragraph (2), a State or local government may enact a statute or ordinance that prohibits a violation of the following regulations of the Commission under this section:

(A)A regulation that prohibits a use of citizens band radio equipment not authorized by the Commission.

(B)A regulation that prohibits the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35 MHz.

(2)A station that is licensed by the Commission pursuant to section 301 of this title in any radio service for the operation at issue shall not be subject to action by a State or local government under this subsection. A State or local government statute or ordinance enacted for purposes of this subsection shall identify the exemption available under this paragraph.

(3)The Commission shall, to the extent practicable, provide technical guidance to State and local governments regarding the detection and determination of violations of the regulations specified in paragraph (1).

(4)(A)In addition to any other remedy authorized by law, a person affected by the decision of a State or local government agency enforcing a statute or ordinance under paragraph (1) may submit to the Commission an appeal of the decision on the grounds that the State or local government, as the case may be, enacted a statute or ordinance outside the authority provided in this subsection.

(B)A person shall submit an appeal on a decision of a State or local government agency to the Commission under this paragraph, if at all, not later than 30 days after the date on which the decision by the State or local government agency becomes final, but prior to seeking judicial review of such decision.

(C)The Commission shall make a determination on an appeal submitted under subparagraph (B) not later than 180 days after its submittal.

(D)If the Commission determines under subparagraph (C) that a State or local government agency has acted outside its authority in enforcing a statute or ordinance, the Commission shall preempt the decision enforcing the statute or ordinance.

(5)The enforcement of statute or ordinance that prohibits a violation of a regulation by a State or local government under paragraph (1) in a particular case shall not preclude the Commission from enforcing the regulation in that case concurrently.

(6)Nothing in this subsection shall be construed to diminish or otherwise affect the jurisdiction of the Commission under this section over devices capable of interfering with radio communications.

(7)The enforcement of a statute or ordinance by a State or local government under paragraph (1) with regard to citizens band radio equipment on board a “commercial motor vehicle”, as defined in section 31101 of title 49, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of the regulations described in paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (f). Pub. L. 106–521 added subsec. (f). 1996—Subsec. (e). Pub. L. 104–104 added subsec. (e). 1992—Subsec. (d). Pub. L. 102–556 added subsec. (d). 1982—Subsec. (a). Pub. L. 97–259, § 108(a)(1), (2), inserted “(1)” after “

Regulations

” and “; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy” after “radio communications”, and substituted “or shipment of such devices and home electronic equipment and systems, and to the use of such devices” for “shipment, or use of such devices”. Subsec. (b). Pub. L. 97–259, § 108(a)(3), substituted “or ship devices or home electronic equipment and systems, or use devices,” for “ship, or use devices”. Subsec. (c). Pub. L. 97–259, § 108(a)(4), inserted “or home electronic equipment and systems” after “devices” wherever appearing, inserted “and home electronic equipment and systems” after “Devices”, substituted “objectives” for “common objective”, and inserted “and to home electronic equipment and systems” after “reception”.

Statutory Notes and Related Subsidiaries

Effect on Other Laws Pub. L. 102–556, title IV, § 403(c), Oct. 28, 1992, 106 Stat. 4195, provided that: “This section [amending this section] shall not affect section 2512(2) of title 18, United States Code.” Minimum Performance Standards; Home Electronic Equipment and Systems Manufactured Before September 13, 1982 Pub. L. 97–259, title I, § 108(b), Sept. 13, 1982, 96 Stat. 1092, provided that any minimum performance standard established by the Federal Communications Commission under subsec. (a)(2) of this section would not apply to any home electronic equipment or systems manufactured before Sept. 13, 1982.

§302a Devices which interfere with radio reception