[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2612 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2612

To authorize the enforcement by State and local governments of certain 
Federal Communications Commission regulations regarding use of citizens 
                         band radio equipment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 1997

 Mr. Ehlers (for himself, Mr. Coble, and Mr. Hoekstra) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To authorize the enforcement by State and local governments of certain 
Federal Communications Commission regulations regarding use of citizens 
                         band radio equipment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENFORCEMENT OF REGULATIONS REGARDING 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 enforce 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) Possession of a station license issued by the Commission 
pursuant to section 301 in any radio service for the operation at issue 
shall preclude action by a State or local government under this 
subsection.
    ``(3) The Commission shall 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 
enforcing a regulation 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, acted outside the authority provided in 
this subsection.
    ``(B) A person shall submit an appeal on a decision of a State or 
local government 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 becomes final.
    ``(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 has acted outside its authority in enforcing 
a regulation, the Commission shall reverse the decision enforcing the 
regulation.
    ``(5) The enforcement 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.''.
                                 <all>