[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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

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                               AMENDMENT