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] ...


Google
 
Web GovRecords.org


  
  
  
  
  
  
  
  
  
  

                  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 
following

                               AMENDMENT:

            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 
              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 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 
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 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 
(1).''.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 2346

_______________________________________________________________________

                               AMENDMENT

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.Res. 622 (ih) Expressing the sense of the House of Representatives that the Government of Argentina should provide an immediate and final resolution to the Buenos Aires Yoga School case. [Introduced in House] ...
2 S. 3143 (is) To improve the integrity of the Federal student loan programs under title IV of the Higher Education Act of 1965 with respect to students at foreign institutions. [Introduced in Senate] ...
3 H.Res. 323 (eh) [Engrossed in House] ...
4 S. 484 (enr) To provide for the granting of refugee status in the United States to [Enrolled bill] ...
5 S. 1892 (rs) To authorize the acquisition of the Valles Caldera, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture, and for other purposes. [Reported in Senate] ...
6 H.R. 1613 (ih) To restore to the original owners certain lands that the Federal Government took for military purposes in 1940. [Introduced in House] ...
7 H.R. 5597 (ih) To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for internships and fellowships related to information technology. [Introduced in House] ...
8 S. 3231 (is) To provide for adjustments to the Central Arizona Project in Arizona, and for other purposes. [Introduced in Senate] ...
9 H.J.Res. 57 (rh) Disapproving the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the People's Republic of China. [Reported in House] ...
10 H.R. 5427 (ih) To reauthorize the Drug-Free Communities Act, and for other purposes. [Introduced in House] ...
11 S. 1275 (is) To authorize the Secretary of the Interior to produce and sell products and to sell publications relating to the Hoover Dam, and to deposit revenues generated from the sales into the Colorado River Dam fund. [Introduced in Senate] %%Filename:...
12 S. 1824 (is) To amend the Communications Act of 1934 to enhance the efficient use of spectrum by non-Federal Government users. [Introduced in Senate] ...
13 H.Con.Res. 345 (ih) Expressing the sense of the Congress regarding the need for cataloging and maintaining public memorials commemorating military conflicts of the United States and the service of individuals in the Armed Forces. [Introduced in House] %%F...
14 S. 725 (is) To preserve and protect coral reefs, and other purposes. [Introduced in Senate] ...
15 H.R. 3544 (ih) To authorize a gold medal to be awarded on behalf of the Congress to Pope John Paul II in recognition of his many and enduring contributions to peace and religious understanding, and for other purposes. [Introduced in House] ...
16 H.Res. 491 (ih) Naming a room in the House of Representatives wing of the Capitol in honor of former Representative G.V. ``Sonny'' Montgomery. [Introduced in House] ...
17 H.R. 1143 (rfs) To establish a program to provide assistance for programs of credit and other financial services for microenterprises in developing countries, and for other purposes. [Referred in Senate] ...
18 H.R. 5245 (ih) To amend the Railroad Retirement Act of 1974 to eliminate a limitation on benefits. [Introduced in House] ...
19 S. 1494 (is) To ensure that small businesses throughout the United States participate fully in the unfolding electronic commerce revolution through the establishment of an electronic commerce extension program at the National Institutes of Standards and T...
20 H.R. 1211 (rh) To authorize appropriations for the Department of State and related agencies for fiscal years 2000 and 2001, and for other purposes. [Reported in House] ...
21 S. 1288 (rh) To provide incentives for collaborative forest restoration projects on National Forest System and other public lands in New Mexico, and for other purposes. [Reported in House] ...
22 H.Con.Res. 245 (enr) [Enrolled bill] ...
23 H.R. 215 (ih) To provide discretion to the Director of the Bureau of Prisons in the transfer of District of Columbia inmates to private contract facilities. [Introduced in House] ...
24 H.R. 4782 (ih) To provide for the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of the Republic of Georgia. [Introduced in House] ...
25 H.R. 5229 (enr) To designate the facility of the United States Postal Service located at 219 South Church Street in Odum, Georgia, as the ``Ruth Harris Coleman Post Office Building''. [Enrolled bill] ...
26 H.R. 3018 (rs) To designate certain facilities of the United States Postal Service in South Carolina. [Reported in Senate] ...
27 H.R. 5527 (ih) To provide assistance for efforts to improve conservation of, recreation in, erosion control of, and maintenance of fish and wildlife habitat of the Missouri River in the State of South Dakota, and for other purposes. [Introduced in House]...
28 H.R. 2285 (ih) To amend the Reclamation Projects Authorization and Adjustment Act of [Introduced in House] ...
29 H.R. 5582 (ih) To designate a portion of the Boundary Waters Canoe Area in Minnesota as the ``Bruce F. Vento Unit of the Boundary Waters Canoe Area Wilderness''. [Introduced in House] ...
30 H.R. 2303 (eh) To direct the Librarian of Congress to prepare the history of the House of Representatives, and for other purposes. [Engrossed in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy