Date: Thu, 17 Dec 92 18:44:49 GMT
From: whs70@dancer.cc.bellcore.com (sohl,william h)
Newsgroups: comp.dcom.telecom
Subject: Re: Questions About Scanner Laws
Organization: Bellcore, Livingston, NJ
X-Submissions-To: telecom@eecs.nwu.edu
X-Administrivia-To: telecom-request@eecs.nwu.edu
X-Telecom-Digest: Volume 12, Issue 909, Message 1 of 12

Some minor corrections should be noted to the following:

In article <telecom12.906.5@eecs.nwu.edu> mmm@cup.portal.com writes:

> Is it legal to own a scanner that can receive cellular phone
> frequencies?

Yes, and the new law does nothing to outlaw any scanner you may
already have or purchase in the future.

> Is it legal to use one?

Only to the extent that it is illegal to listen to cellular frequencies.

> Is it legal to modify a scanner to receive these frequencies?

No, nor will it be in the future.  The new law places all the
burden of making a modify -proof scanner on the manufacturers.

> And ditto, with regard to cordless phones and baby monitors.  Same
> questions about scanning these things.

There are no federal restrictions at all with regard to cordless
phones and baby monitors.  The new law is ONLY directed at equipment
(scanners) capable of receiving CELLULAR phone frequencies.

> [Moderator's Note: If the scanner was made prior to the change in the
> law, then it is not illegal to own it or use it.

Actually, the new law goes as follows: Within six months of the laws
enactment the FCC must come up with new design requirements for
scanners, etc that will eliminate the ability of scanners to (1)
recieve cellular frequencies and (2) be easily modified to receive
cellular frequencies.  Until that happens, the manufacturers don't
have any specific requirements to follow/design to.  

The next phase of the law takes place one year after enactment
(nominally around November, 1993).  At that time it then becomes
against the law for a manufacturer to in the USA to manufacture a
scanner with cellular frequency receive ability (i.e. the scanner must
meet the new FCC type acceptance requirements) and it will also be
illegal to import any scanner (reciever) capabale of receiving
cellular frequencies.

So, from the above it can be seen that (1) the sale of scanners is not
in any way impacted by the new law for almost one year AND (2), even
after one year, it will not be illegal for stores to continue selling
any "old stock," nor will it be illegal to own a scanner that was
made/manufactured or inmported before the final phase of the law takes
affect.

> It is illegal to listen to those frequencies, or in the event they
> are tuned accidentally to acknowledge any transmission overheard.

Agreed, and that has been the case for several years as a resuilt of
the ECPA, not the new scanner law.

> It is now illegal to make a scanner which receives those
> frequencies. It is illegal to modify a scanner to recieve those
> frequencies. In other words, if you had a Radio Shack PRO-34 scanner
> and you pulled diodes D-3 and D-4 from the circuit, you would be
> breaking the law. I am reminded of the 'Radio Hobbyists Guild' which
> some fool here in Chicago operated a decade ago when Oak/Channel 44
> was running scrambled pay television. He send out detailed schematics
> and copious notes to anyone who sent money to his post office box.
> These schematics and notes informed the reader exactly what NOT to do
> to avoid breaking any laws when building things which 'resembled'
> decoder boxes.  (What's that, Pfieffer? Who, me? Blush!).

See my comments above, as said, cellular cabable scanners can still be
made, sold, etc.  Additionally, modifying any receiver (scanner, etc.)
wouldn't be a violation of the new law as I understand it.

> During the 1920's, the Annheuser-Busch Brewing Company sent out kits
> for making your own near-beer ("be sure not to connect A to B or add
> any of ingredient C; that would be violating Prohibition ...")   PAT]

Bottom line ... there is probably over a million cellular receive
capable scanners that are in the hands of the public already and/or
can be modified to receive cellular.  The new law does NOTHING to
impact the ownership of those units.  Just don't get caught listening
to cellular.

Final note, I own a scanner, but it isn't capable of cellular, nor do I
want it to be so don't flame me for pointing out the general stupidity
of the new law as it relates to existing equipment.  Facts are facts
and ECPA or new scanner manufacturing ban isn't going to make cellular
anymore secure than it is (or is it isn't :-) already.

Another final note -- it is trivially simple to construct a broad band
converter that would allow a non-cellular scanner to recive cellular.
That being the case, the new scanner law is about as useless as ...


Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.

Bill Sohl (K2UNK) BELLCORE (Bell Communications Research, Inc.)
Morristown, NJ             email via UUCP      bcr!cc!whs70
201-829-2879 Weekdays      email via Internet  whs70@cc.bellcore.com