[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 185 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 185

To amend the Communications Act of 1934 to establish procedures for the 
  discontinuance of mobile radio services to persons engaged in drug 
                  trafficking, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mrs. Collins of Illinois introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to establish procedures for the 
  discontinuance of mobile radio services to persons engaged in drug 
                  trafficking, and for other purposes.

    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 ``Telecommunications Drug Enforcement 
Act of 1995''.

SEC. 2. DISCONTINUANCE OF MOBILE RADIO SERVICE.

    Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by adding at the end the following new section:

``SEC. 336. DISCONTINUANCE OF MOBILE RADIO SERVICE PURSUANT TO COURT 
              ORDER.

    ``(a) Application.--An application for an order requiring a public 
or private mobile radio services licensee to discontinue service to a 
mobile radio unit may be made, in writing under oath or equivalent 
affirmation, to a court of competent jurisdiction by--
            ``(1) an attorney for the Government; or
            ``(2) unless prohibited by State law, a State investigative 
        or law enforcement officer.
    ``(b) Contents of Application.--An application under subsection (a) 
of this section shall include--
            ``(1) the identity of the attorney for the Government or 
        the State law enforcement or investigative officer making the 
        application and the identity of the law enforcement agency 
        investigating the user of the mobile radio unit; and
            ``(2) a full and complete statement of the facts and 
        circumstances relied upon by the applicant to justify his 
        belief that an order should be issued, the identity, if known, 
        of the user of the mobile radio unit, the telephone number 
        assigned to the mobile radio unit, and the electronic serial 
        number, if known, of the mobile radio unit.
    ``(c) Issuance of an Order To Discontinue Service to a Mobile Radio 
Unit.--
            ``(1) In general.--(A) Upon an application made under this 
        section, the court shall enter an ex parte order requiring a 
        public or private mobile radio services licensee to discontinue 
        service to a mobile radio unit if the court determines, on the 
        basis of the facts submitted by the applicant, that there is 
        probable cause to believe that the mobile radio unit is being 
        used for the purpose of transmitting or receiving information 
        in connection with the manufacture, distribution, importation, 
        exportation, or sale of a controlled substance in violation of 
        Federal, State, or local law.
            ``(B) The court may require the applicant to furnish 
        additional testimony or documentary evidence in support of the 
        application.
            ``(2) Contents of the order.--An order under this section 
        shall specify--
                    ``(A) the identity, if known, of the person whose 
                mobile radio service is to be discontinued;
                    ``(B) the telephone number assigned to the mobile 
                radio unit;
                    ``(C) the electronic serial number, if known, of 
                the mobile radio unit; and
                    ``(D) the effective date of the discontinuance of 
                service, no earlier than 10 days after the order is 
                issued.
    ``(d) Customer Notification.--Notice to the person whose mobile 
radio service is being discontinued shall be made by the law 
enforcement agency which made the application under this section within 
three days of the court's issuing its order.
    ``(e) Preservation of Remedies.--Nothing in subsection (c) of this 
section shall be deemed to prejudice the right of any person affected 
thereby to secure an appropriate determination, as otherwise provided 
by law, in a Federal court or a State court, that mobile radio service 
to such person should not be discontinued or refused or should be 
restored.
    ``(f) Limitation on Liability.--No cause of action shall lie in any 
court against any public or private mobile radio services licensee, its 
officers, employees, agents, or other specified persons for 
discontinuing or refusing mobile radio services in accordance with a 
court order specified in subsection (c) of this section.
    ``(g) Defense.--A good faith reliance by any public or private 
mobile radio service licensee on a court order specified in subsection 
(b) is a complete defense against any civil or criminal action brought 
under any law.
    ``(h) Operation Standards for Licensees.--The Federal 
Communications Commission shall, within 180 days after the date of 
enactment of this section, prescribe regulations--
            ``(1) establishing minimum operating standards to ensure 
        compliance with the requirements of this section by public or 
        private mobile radio service licensees;
            ``(2) establishing, consistent with the public interest, 
        standards regarding cooperation by such licensees with law 
        enforcement authorities for the detection of activities 
        described in subsection (c)(1)(A);
            ``(3) including minimum recordkeeping requirements for the 
        purposes described in paragraphs (1) and (2); and
            ``(4) prescribing procedures for the Commission to verify 
        compliance with such regulations.''.
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