| Home > 106th Congressional Bills > H.R. 2346 (eh) To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens band radio equipment. [Engrossed in House] ...
H.R. 2346 (eh) To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens band radio equipment. [Engrossed in House] ...
In the Senate of the United States,
October 31 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives (H.R.
2346) entitled ``An Act to authorize the enforcement by State and local
governments of certain Federal Communications Commission regulations
regarding use of citizens band radio equipment.'', do pass with the
Strike out all after the enacting clause and insert:
SECTION 1. STATE AND LOCAL ENFORCEMENT OF FEDERAL COMMUNICATIONS
COMMISSION REGULATIONS ON USE OF CITIZENS BAND RADIO
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 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 government agency 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
``(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 communications.
``(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
H. R. 2346
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