[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2767 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2767

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2000

 Mr. Feingold (for himself, Mr. Levin, and Mr. Abraham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 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 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 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 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, 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 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). 
Probable cause shall be defined in accordance with the technical 
guidance provided by the Commission under paragraph (3).''.
                                 <all>