114 STAT. 2438 PUBLIC LAW 106–521—NOV. 22, 2000

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.

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) 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.

Deadline.

Nov. 22, 2000

[H.R. 2346]

PUBLIC LAW 106–521—NOV. 22, 2000 114 STAT. 2439

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.

Æ

‘‘(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, 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.

Deadline.