IIB
106TH CONGRESS
2D SESSION
H. R. 2346
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To authorize the enforcement by State and local governments
of certain Federal Communications Commission regula-
tions regarding use of citizens band radio equipment.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 302 of the Communications Act of 1934 (47
HR 2346 RDS
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
prohibits a violation of the following regulations of the
Commission under this section:
‘‘(A) A regulation that prohibits a use of citi-
zens band radio equipment not authorized by the
Commission.
‘‘(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
pursuant to section 301 in any radio service for the oper-
ation 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 provide technical guid-
ance to State and local governments regarding the detec-
tion 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
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local government 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 gov-
ernment, as the case may be, enacted a statute or ordi-
nance outside the authority provided in this subsection.
‘‘(B) A person shall submit an appeal on a decision
of a State or local government 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 becomes final, but prior to seeking judicial review
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 has acted out-
side its authority in enforcing a statute or ordinance, the
Commission shall preempt the decision enforcing the stat-
ute 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 regula-
tion in that case concurrently.
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‘‘(6) Nothing in this subsection shall be construed to
diminish or otherwise affect the jurisdiction of the Com-
mission under this section over devices capable of inter-
fering with radio communications.
‘‘(7) The enforcement of a statute or ordinance by
a State or local government under paragraph (1) with re-
gard to citizens band radio equipment on board a ‘com-
mercial 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 de-
scribed in paragraph (1). Probable cause shall be defined
in accordance with the technical guidance provided by the
Commission under paragraph (3).’’.
Passed the House of Representatives September 27,
2000.
Attest:
JEFF TRANDAHL,
Clerk.