In the Senate of the United States,

October 31 (legislative day, September 22), 2000.

Resolved, That the bill from the House of Representatives (H.R. 2346) entitled ‘‘An Act to authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens

band radio equipment.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. STATE AND LOCAL ENFORCEMENT OF FEDERAL

2 COMMUNICATIONS COMMISSION REGULA3 TIONS ON USE OF CITIZENS BAND RADIO

4 EQUIPMENT.

5 Section 302 of the Communications Act of 1934 (47

6 U.S.C. 302a) is amended by adding at the end the fol7 lowing:

8 ‘‘(f)(1) Except as provided in paragraph (2), a State

9 or local government may enact a statute or ordinance that
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1 prohibits a violation of the following regulations of the

2 Commission under this section:

3 ‘‘(A) A regulation that prohibits a use of citizens

4 band radio equipment not authorized by the Commis5 sion.

6 ‘‘(B) A regulation that prohibits the unauthor7 ized operation of citizens band radio equipment on a

8 frequency between 24 MHz and 35 MHz.

9 ‘‘(2) A station that is licensed by the Commission pur10 suant to section 301 in any radio service for the operation

11 at issue shall not be subject to action by a State or local

12 government under this subsection. A State or local govern13 ment statute or ordinance enacted for purposes of this sub14 section shall identify the exemption available under this

15 paragraph.

16 ‘‘(3) The Commission shall, to the extent practicable,

17 provide technical guidance to State and local governments

18 regarding the detection and determination of violations of

19 the regulations specified in paragraph (1).

20 ‘‘(4)(A) In addition to any other remedy authorized

21 by law, a person affected by the decision of a State or local

22 government agency enforcing a statute or ordinance under

23 paragraph (1) may submit to the Commission an appeal

24 of the decision on the grounds that the State or local govern-
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1 ment, as the case may be, enacted a statute or ordinance

2 outside the authority provided in this subsection.

3 ‘‘(B) A person shall submit an appeal on a decision

4 of a State or local government agency to the Commission

5 under this paragraph, if at all, not later than 30 days after

6 the date on which the decision by the State or local govern7 ment agency becomes final, but prior to seeking judicial re8 view of such decision.

9 ‘‘(C) The Commission shall make a determination on

10 an appeal submitted under subparagraph (B) not later

11 than 180 days after its submittal.

12 ‘‘(D) If the Commission determines under subpara13 graph (C) that a State or local government agency has acted

14 outside its authority in enforcing a statute or ordinance,

15 the Commission shall preempt the decision enforcing the

16 statute or ordinance.

17 ‘‘(5) The enforcement of statute or ordinance that pro18 hibits a violation of a regulation by a State or local govern19 ment under paragraph (1) in a particular case shall not

20 preclude the Commission from enforcing the regulation in

21 that case concurrently.

22 ‘‘(6) Nothing in this subsection shall be construed to

23 diminish or otherwise affect the jurisdiction of the Commis24 sion under this section over devices capable of interfering

25 with radio communications.
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1 ‘‘(7) The enforcement of a statute or ordinance by a

2 State or local government under paragraph (1) with regard

3 to citizens band radio equipment on board a ‘commercial

4 motor vehicle’, as defined in section 31101 of title 49,

5 United States Code, shall require probable cause to find that

6 the commercial motor vehicle or the individual operating

7 the vehicle is in violation of the regulations described in

8 paragraph (1).’’.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 2346

AMENDMENT