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[106th Congress Public Law 521]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ521.106]

[[Page 114 STAT. 2438]]

Public Law 106-521
106th Congress

                                 An Act

 
 To authorize the enforcement by State and local governments of certain 
Federal Communications Commission regulations regarding use of citizens 
      band radio equipment. <<NOTE: Nov. 22, 2000 -  [H.R. 2346]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STATE AND LOCAL ENFORCEMENT OF FEDERAL COMMUNICATIONS 
            COMMISSION REGULATIONS ON USE OF CITIZENS BAND RADIO 
            EQUIPMENT.

    Section 302 of the Communications Act of 1934 (47 U.S.C. 302a) is 
amended by adding at the end the following:
    ``(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 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) <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 2439]]

    ``(C) <<NOTE: Deadline.>> 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, United States Code, 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).''.

    Approved November 22, 2000.

LEGISLATIVE HISTORY--H.R. 2346:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-883 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 27, considered and passed House.
            Oct. 31, considered and passed Senate, amended.
            Nov. 13, House concurred in Senate amendment.

                                  <all>
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