[House Report 106-883]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-883

======================================================================



 
 STATE AND LOCAL ENFORCEMENT OF REGULATIONS REGARDING USE OF CITIZENS 
                          BAND RADIO EQUIPMENT

                                _______
                                

 September 22, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 2346]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the 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, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Committee on Government Reform Oversight Findings................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    The purpose of H.R. 2346 is to improve enforcement of 
Federal Communications Commission's (FCC) rules governing 
Citizens Band (CB) Radio Service. Today, a small number of 
people are using their CB radios in a manner not permitted 
under the FCC rules. Such behavior is causing unnecessary and 
harmful interference for other people using radio devices 
operating in nearby spectrum bands, including consumer 
telephones and televisions. The bill would delegate authority 
to State and local governments to enact and enforce a statute 
or ordinance requiring users of CB radios to comply with FCC 
rules, thus providing an additional enforcement compliance 
mechanism.

                  Background and Need for Legislation

    Summary and FCC rules covering CB Radio Service. Citizens 
Band (CB) Radio Service is a two-way, short-distance, voice 
communication service for use in personal and business 
activities. CB Radio Service can be extensively helpful during 
emergencies or other times when traditional communications 
techniques are failing. The distance of the communications from 
CB radios can range from typically one to five miles. Users of 
CB radio equipment are not required to obtain individual 
licenses from the FCC, but users areallowed to only use an 
unmodified FCC certified CB unit (one that has an identifying label 
placed on it by the manufacturer). This differs from similar services, 
such as amateur radio services, which do require individual licenses 
for operation.
    CB Radio Service is governed by Subpart D of Part 95 of the 
Commission's Rules (47 C.F.R. Sec. 95.401 et seq.). These rules 
include (but are not limited to): restricting operation within 
frequencies 26.965 MHz and 27.405 MHz (40 channels, spaced .01 
MHz apart); prohibiting the use of power amplifiers; 
restricting some types of speech (e.g., obscene or indecent); 
prohibiting the payment for use of a CB station; restricting 
the length of communications (i.e., 5 continuous minutes with a 
one minute break before restarting communications); limiting 
the height of antenna to no more than 20 feet above the 
building or tree it is mounted on; prohibiting the operation of 
CB Radio stations by remote control; and conditioning the 
connection of a CB radio to a telephone.
    FCC Enforcement. The newly created Enforcement Bureau of 
the FCC is charged with ensuring that the FCC rules are obeyed 
and taking remedial action when the rules are not followed. 
Specifically, the mandate of the bureau accordingly to the FCC 
is to: execute on-scene investigations; conduct inspections and 
audits; immediately respond to safety of life issues; 
investigate and resolve interference; and investigate 
violations in all communications services. In order to conduct 
its work, the Enforcement Bureau maintains offices throughout 
the U.S. to serve as local point of contacts and operation 
points for FCC staff operating in those locations. The FCC has 
three Regional Offices, 16 District Offices, and nine Resident 
Agent Offices located across the United States. The FCC's three 
Regional Offices, covering the Northeast, South Central, and 
Western regions of the nation are located in Chicago, IL, 
Kansas City, MO, and San Francisco, CA, respectively. The 16 
District Offices are located in Atlanta, GA: Boston, MA; 
Chicago, IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; 
Kansas City, MO; Los Angeles, CA; New Orleans, LA; New York, 
NY; Philadelphia, PA; San Diego, CA; San Francisco, CA; 
Seattle, WA; and Tampa, FL. The nine Resident Agent Offices are 
located in Anchorage, AK; Buffalo, NY; Honolulu, HI; Houston, 
TX; Miami, FL; Norfolk, VA; Portland, OR; Saint Paul, MN; and 
San Juan, PR.
    Violators of FCC rules governing CB radios are subject to 
orders by the FCC to stop whatever action caused the violation. 
Further, the FCC can impose monetary penalties that includes up 
to $10,000 per violation for willfully and knowingly violating 
FCC rules (up to a total of $75,000). The FCC, including its 
field agents, have the right pursuant to section 303(n) of the 
Communications Act to conduct inspections of radio 
installations without a search warrant.
    According to the FCC, in order to report a suspected 
violation of FCC rules pertaining to CB Radio Service a written 
document must be submitted to an FCC district or field office 
closest to the complainant. The submission must include 
specific facts to support the alleged violation. Further, the 
FCC has made clear that reported violations may be 
investigated, only as time, manpower, and priorities permit. 
The FCC has also indicated that it will only investigate CB 
violations where there is a convincing evidence that results 
from a violation of the rules has occurred and then only on a 
low priority basis.
    Need for Legislation. While much use of the CB Radio 
Service is valid and commendable, a number of individuals have 
taken advantage of the unlicensed nature of the service to 
operate outside the boundaries of FCC rules. In particular, a 
recurring problem is CB users boosting signal strength in order 
to reach a greater area than the one to five mile coverage 
area. Further, some CB users operate outside the permit 
frequencies allocated for CB Radio Service. When these 
violations occur, unexpected and potentially harmful 
interference can result for users of other services. Given the 
wireless nature of CB Radio Service and the intermittent 
broadcasts by CB radio users, it is often difficult to catch 
rogue CB radio users operating outside the FCC rules. However, 
individuals suspecting interference by rouge CB radio users 
often are forced to deal with the problem repeatedly. Many 
people believe that the FCC has not given the problem and the 
nuisances that rogue operators create significant priority and 
resources. Thus, creative solutions, such as the one contained 
in H.R. 2346, have been proposed to reduce violations of the 
FCC's CB Radio Service rules.
    Empowering State and local governments to enact and enforce 
statutes and ordinances requiring compliance with FCC rules on 
CB radios will only improve compliance with FCC rules and 
prevent needless interference caused by those who feel they are 
not obligated to follow FCC rules. State and local government 
action willcomplement and should not be a substitute for the 
FCC enforcing its rules.

                                Hearings

    The Committee on Commerce has not held hearings on the 
legislation.

                        Committee Consideration

    On September 14, 2000, the Subcommittee on 
Telecommunications, Trade, and Consumer Protection was 
discharged from the further consideration of H.R. 2346. On 
September 14, 2000, the Full Commerce Committee met in open 
session and approved H.R. 2346 with a favorable recommendation 
by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 2346 reported. A motion by Mr. Bliley to order H.R. 2346 
reported to the House, without amendment, was agreed to by a 
voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held oversight hearings 
and made findings that are reflected in this report.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2346, a bill to authorize the enforcement by State and local 
governments of certain Federal Communications Commission 
regulations regarding use of citizens band radio equipment, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 18, 2000.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2346, a bill to 
authorize the enforcement by state and local governments of 
certain Federal Communications Commission regulations regarding 
use of citizens band radio equipment.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Ken Johnson.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enslosure.

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

    H.R. 2346 would allow state and local governments to 
enforce certain Federal Communications Commission (FCC) 
regulations regarding the use of citizens band (CB) radio 
equipment. The bill also would require the FCC to provide 
technical assistance to state and local governments on how to 
detect unauthorized CB use. In addition, H.R. 2346 would 
establish an appeals process for CB operators who claim that 
local law enforcement officials acted outside of the authority 
provided by this bill.
    CBO estimates that implementing H.R. 2346 would not have a 
significant impact on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 2346 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. Although the bill would expand 
state and local government authority to enforce certain FCC 
regulations, the establishment of such enforcement mechanisms 
is entirely voluntary. Any benefits or costs associated with 
enforcement also would be voluntary.
    CBO estimates that the cost to the FCC of implementing H.R. 
2346 would be less than $200,000, subject to the availability 
of appropriated funds. Based on information from the FCC, we 
expect that providing technical assistance to state and local 
governments would have a minor impact on the agency's workload, 
and that the FCC would receive few appeals from CB operators 
each year.
    The CBO staff contact for this estimate is Ken Johnson. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

    The legislation amends section 302 of the Communications 
Act to create a new subsection (f). New subsection (f)(1) 
provides State or local governments authority to enact and 
enforce an ordinance or statute that prohibits a person from 
violating Commission rules prohibiting (1) the use of 
unauthorized CB radio equipment, or (2) unauthorized operation 
of CB equipment on a frequency between 24 MHz and 35 MHz.
    Paragraph (2) clarifies that any radio station licensed by 
section 301 of the Communications Act shall not be subject to 
the provisions of subsection (f) as added by this bill. This 
paragraph also requires that in exercising authority provided 
in new paragraph (1), the State or locality must identify that 
they are taking such action pursuant to this new section of the 
Communications Act.
    Paragraph (3) requires the FCC to provide technical 
assistance to the State and local governments on the detection 
and determination of violations of the FCC rules governing CB 
Radio Service.
    Paragraph (4) permits a person affected by a decision of a 
State or local government ordinance or statute to file an 
appeal, within 30 days, of the decision to the FCC. This right 
exists notwithstanding any other rights or remedies an affected 
person may have by law. The Commission is given 180 days to 
rule on the appeal and can preempt the decision of a State or 
local government if it determines that a State or local 
government acted outside its authority granted by this bill.
    Paragraphs (5) and (f)(6) clarify that: (1) the bill does 
not preclude the FCC from taking enforcement action 
notwithstanding action taken by a State or local government, 
and (2) the FCC's authority over matters involving the 
interference of radio devices is not altered.
    Paragraph (7) requires that a State or local government 
must have probable cause to find that a commercial mobile 
vehicle, as defined in 31101 of title 49 U.S.C., with CB radio 
equipment on board is in violation of Commission rules before 
taking enforcement action. The definition of probable cause 
shall be determined pursuant to paragraph (3).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

             SECTION 302 OF THE COMMUNICATIONS ACT OF 1934


SEC. 302. DEVICES WHICH INTERFERE WITH RADIO RECEPTION.

  (a) * * *

           *       *       *       *       *       *       *

  (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).

                                  
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