Wireless Telephone Protection Act
PL 105-172 (S.493), enacted 04/24/1998

PUBLIC LAW 105-172—APR. 24, 1998 
112 STAT. 53 
Public Law 105-172 
105th Congress 
An Act 
To amend title 18, United States Code, with respect to scanning receivers and 
similar devices. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Wireless Telephone Protection 
IN 
CONNECTION WITH 
Act". 
SEC. 2. FRAUD AND RELATED ACTIVITY 
COUNTERFEIT ACCESS DEVICES. 
(a) UNLAWFUL ACTS.—Section 1029(a) of title 18, United States 
Code, is amended— 
(1) by redesignating paragraph (9) as paragraph (10); and 
(2) by striking paragraph (8) and inserting the following: 
"(8) knowingly and with intent to defraud uses, produces, 
traffics in, has control or custody of, or possesses a scanning 
receiver; 
"(9) knowingly uses, produces, traffics in, has control or 
custody of, or possesses hardware or software, knowing it has 
been configured to insert or modify telecommunication identify-
ing information associated with or contained in a telecommuni-
cations instrument so that such instrument may be used to 
obtain telecommimications service without authorization; or". 
(b) PENALTIES.— 
(1) GENERALLY.—Section 1029(c) of title 18, United States 
Code, is amended to read as follows: 
"(c) PENALTIES.— 
"(1) GENERALLY.—The punishment for an offense under 
subsection (a) of this section is— 
"(A) in the case of an offense that does not occur 
after a conviction for another offense under this section— 
"(i) if the offense is under paragraph (1), (2), (3), 
(6), (7), or (10) of subsection (a), a fine under this 
title or imprisonment for not more than 10 years, or 
both; and 
"(ii) if the offense is under paragraph (4), (5), (8), 
or (9), of subsection (a), a fine under this title or 
imprisonment for not more than 15 years, or both; 
"(B) in the case of an offense that occurs after a convic-
tion for another offense under this section, a fine under 
this title or imprisonment for not more than 20 years, 
or both; and 
Apr. 24, 1998 
[S. 493] 
Wireless 
Telephone 
Protection Act. 
Law enforcement 
and crime. 
18 u s e 1001 
note. 
112 STAT. 54 
PUBLIC LAW 105-172—APR. 24, 1998 
"(C) in either case, forfeiture to the United States 
of any personal property used or intended to be used to 
commit the offense. 
"(2) FORFEITURE PROCEDURE.—The forfeiture of property 
under this section, including any seizure and disposition of 
the property and any related administrative £ind judicial 
proceeding, shall be governed by section 413 of the Controlled 
Substances Act, except for subsection (d) of that section.". 
(2) ATTEMPTS.—Section 1029(b)(1) of title 18, United States 
Code, is amended by striking "punished as provided in sub-
section (c) of this section" and inserting "subject to the same 
penalties as those prescribed for the offense attempted". 
(c) DEFINITIONS.—Section 1029(e)(8) of title 18, United States 
Code, is amended by inserting before the period "or to intercept 
an electronic serial number, mobile identification number, or other 
identifier 
of £uiy telecommunications 
service, equipment, 
or 
instrument". 
(d) APPLICABILITY OF NEW SECTION 1029(a)(9).— 
(1) IN GENERAL.—Section 1029 of title 18, United States 
Code, is amended by adding at the end the following: 
"(g)(1) It is not a violation of subsection (a)(9) for an officer, 
employee, or agent of, or a person engaged in business with, a 
facilities-based carrier, to engage in conduct (other than trafficking) 
otherwise prohibited by that subsection for the purpose of protecting 
the property or legal rights of that ceirrier, unless such conduct 
is for the purpose of obtaining telecommunications service provided 
by another facilities-based carrier without the authorization of such 
carrier. 
"(2) In a prosecution for a violation of subsection (a)(9), (other 
than a violation consisting of producing or trafficking) it is an 
affirmative defense (which the defendant must establish by a 
preponderance of the evidence) that the conduct charged was 
engaged in for research or development in connection with a lawful 
purpose.". 
(2) DEFINITIONS.—Section 1029(e) of title 18, United States 
Code, is amended— 
(A) by striking "and" at the end of paragraph (6); 
(B) by striking the period at the end of paragraph 
(7) and inserting a semicolon; and 
(C) by striking the period at the end of peiragraph 
(8); and 
(D) by adding at the end the following: 
"(9) the term 'telecommunications service' has the meaning 
given such term in section 3 of title I of the Communications 
Act of 1934 (47 U.S.C. 153); 
"(10) the term 'facilities-based carrier' means an entity 
that owns communications transmission facilities, is responsible 
for the operation and maintenance of those facilities, and holds 
an operating license issued by the Federal Communications 
Commission under the authority of title III of the Communica-
tions Act of 1934; and 
"(11) the term 'telecommunication identifying information' 
means electronic serial number or any other number or signal 
that identifies a specific telecommunications instrument or 
account, or a specific communication transmitted fi'om a tele-
communications instrument.". 
PUBLIC LAW 105-172—APR. 24, 1998 
112 STAT. 55 
(e) AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR 28 use 994 note. 
WIRELESS TELEPHONE CLONING.— 
(1) IN GENERAL.—Pursuant to its authority under section 
994 of title 28, United States Code, the United States Sentenc-
ing Commission shall review and amend the Federal sentencing 
guidelines and the policy statements of the Commission, if 
appropriate, to provide an appropriate penalty for offenses 
involving the cloning of wireless telephones (including offenses 
involving an attempt or conspiracy to clone a wireless tele-
phone). 
(2) FACTORS FOR CONSIDERATION.—In carrying out this sub-
section, the Commission shall consider, with respect to the 
offenses described in paragraph (1)— 
(A) the range of conduct covered by the offenses; 
(B) the existing sentences for the offenses; 
(C) the extent to which the value of the loss caused 
by the offenses (as defined in the Federal sentencing guide-
lines) is an adequate measure for establishing penalties 
under the Federal sentencing guidelines; 
(D) the extent to which sentencing enhancements 
within the Federal sentencing guidelines and the court's 
authority to sentence above the applicable guideline range 
are adequate to ensure punishment at or near the maxi-
mum penalty for the most egregious conduct covered by 
the offenses; 
(E) the extent to which the Federal sentencing guide-
line sentences for the offenses have been constrained by 
statutory maximum penalties; 
(F) the extent to which Federal sentencing guidelines 
for the offenses adequately achieve the purposes of sentenc-
ing set forth in section 3553(a)(2) of title 18, United States 
Code; 
(G) the relationship of Federal sentencing guidelines 
for the offenses to the Federal sentencing guidelines for 
other offenses of comparable seriousness; and 
(H) any other factor that the Commission considers 
to be appropriate. 
Approved April 24, 1998. 
LEGISLATIVE HISTORY—S. 493 (H.R. 2460): 
HOUSE REPORTS: No. 105-418 accompanying H.R. 2460 (Comm. on the Judici-
ary). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Nov. 10, considered and passed Senate. 
Vol. 144 (1998): Feb. 26, considered and passed House, amended, in lieu of 
H.R. 2460. 
Apr. 1, Senate concurred in House amendments.