In the Senate of the United States,
October 31 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 2346) entitled ‘‘An Act to authorize the enforce-
ment by State and local governments of certain Federal Com-
munications Commission regulations regarding use of citizens
band radio equipment.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. STATE AND LOCAL ENFORCEMENT OF FEDERAL
COMMUNICATIONS 
COMMISSION 
REGULA-
TIONS 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 fol-
lowing:
‘‘(f)(1) Except as provided in paragraph (2), a State
or local government may enact a statute or ordinance that
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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 Commis-
sion.
‘‘(B) A regulation that prohibits the unauthor-
ized operation of citizens band radio equipment on a
frequency between 24 MHz and 35 MHz.
‘‘(2) A station that is licensed by the Commission pur-
suant 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 govern-
ment statute or ordinance enacted for purposes of this sub-
section 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 govern-
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ment, 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 govern-
ment agency becomes final, but prior to seeking judicial re-
view 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 subpara-
graph (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 pro-
hibits a violation of a regulation by a State or local govern-
ment 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 Commis-
sion under this section over devices capable of interfering
with radio communications.
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‘‘(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).’’.
Attest:
Secretary.