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U.S. Code as of:
01/19/04
Section 302a. Devices which interfere with radio reception
(a) Regulations
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) Restrictions
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) Exceptions
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) Cellular telecommunications receivers
(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) Delegation of equipment testing and certification to private
laboratories
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) State and local enforcement of FCC regulations on use of
citizens band radio equipment
(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).
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