H. R. 2346
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 COMMU-
NICATIONS COMMISSION REGULATIONS ON USE OF CITI-
ZENS 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 sub-
section.
‘‘(B) A person shall submit an appeal on a decision of a State
or local government agency to the Commission under this para-
graph, 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.
H. R. 2346—2
‘‘(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 communica-
tions.
‘‘(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 regula-
tions described in paragraph (1).’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.