To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens band radio equipment.
PL 106-521 (H.R.2346), enacted 11/22/2000

114 STAT. 2438 
PUBLIC LAW 106-521—NOV. 22, 2000 
Public Law 106-521 
106th Congress 
An Act 
T
M 99 9nnn 
'^° authorize the enforcement by State and local governments of certain Federal 
:—: 
Communications Commission regulations regarding use of citizens band radio 
[H.R. 2346] 
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. 
Deadline. 
"(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. 
PUBLIC LAW 106-521—NOV. 22, 2000 
114 STAT. 2439 
"(C) The Commission shall make a determination on an appeal Deadline, 
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) Notlung 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).". 
Approved November 22, 2000. 
LEGISLATIVE HISTORY—H.R. 2346: 
HOUSE REPORTS: No. 106-883 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Sept. 27, considered and passed House. 
Oct. 31, considered and passed Senate, amended. 
Nov. 13, House concurred in Senate amendment.