[Congressional Record Volume 146, Number 141 (Tuesday, October 31, 2000)]
[Senate]
[Page S11427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AUTHORIZING THE ENFORCEMENT BY STATE AND LOCAL GOVERNMENTS OF FCC 
          REGULATIONS REGARDING CITIZENS BAND RADIO EQUIPMENT

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 2346, which is at the 
desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2346) to authorize the enforcement by State 
     and local governments of certain Federal Communications 
     Commission regulations regarding use of citizens band radio 
     equipment.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4354

  Mr. GRASSLEY. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Grassley], for Mr. Feingold, for 
     himself, Mr. Abraham, and Mr. Levin, proposes an amendment 
     numbered 4354.

  The amendment reads as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 exent 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).''.

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the 
amendment be agreed to, the bill be considered read the third time and 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4354) was agreed to.
  The bill (H.R. 2346), as amended, was read the third time and passed.

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