[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Proposed Rules]
[Pages 31684-31685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15393]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 98-76; FCC 98-100]


Proposed Rules To Further Ensure That Scanning Receivers Do Not 
Receive Cellular Radio Signals

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: By this Notice of Proposed Rule Making (NPRM) the Commission 
proposes to amend the rules to further prevent scanning receivers from 
receiving cellular radio telephone signals. The Commission seeks 
comment on the proposed rule changes.

DATES: Comments must be filed on or before July 10, 1998, and reply 
comments must be filed July 27, 1998. Interested parties wishing to 
comment on the information collections should submit comments July 10, 
1998.

ADDRESSES: Comments and reply comments should be sent to the Office of 
Secretary, Federal Communications Commission, Washington DC 20554. In 
addition to filing comments with the Secretary, a copy of any comments 
on the information collections contained herein should be submitted to 
Judy Boley, Federal Communications Commission, Room 234, 1919 M Street, 
N.W., Washington DC 20554, or via electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway (202) 418-2904 or 
Hugh Van Tuyl (202) 418-7506. Via electronic mail: [email protected] or 
[email protected], Office of Engineering and Technology, Federal 
Communications Commission. For additional information concerning the 
information collections, or copies of the information collections 
contained in this NPRM contact Judy Boley at (202) 418-0217, or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 98-76, FCC 98-100, adopted May 21, 
1998, and released June 3, 1998.
    This NPRM contains proposed information collections subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. The general 
public, and other Federal agencies are invited to comment on the 
proposed information collections contained in this proceeding.
    A full text of this Commission decision is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room 239), 1919 M Street, N.W., Washington, D.C., and also may be 
purchased from the Commission's duplication contractor, International 
Transcription Service, phone (202) 857-3800, facsimile (202) 857-3805, 
1231 20th Street, N.W. Washington DC 20036.

Summary of the NPRM

    1. The NPRM contains proposed rules that are needed to improve and 
strengthen the Commission's regulations prohibiting scanning receivers 
from tuning frequencies allocated to the cellular radio telephone 
service (Cellular Service). The NPRM proposes to adopt a signal 
rejection requirement to prevent scanning receivers from intercepting 
Cellular Service transmissions when they are ``tuned'' to frequencies 
outside the Cellular Service.
    2. In addition, the NPRM proposes specific design requirements to 
make it more difficult to modify scanning receivers to receive Cellular 
Service transmissions.
    3. Moreover, the NPRM seeks comment on changing the definition of a 
scanning receiver to include receivers that automatically tune among 
less than four frequencies.
    4. Further, the NPRM proposes a definition for test equipment and 
seeks to prohibit kits that when assembled would be capable of 
receiving and decoding Cellular Service transmissions.
    5. Moreover, the NPRM also proposes rules to codify the provisions 
of section 705 of the Communications Act that prohibit any person or 
persons from knowingly intercepting and divulging the content of 
transmissions from the Cellular Service frequency bands. This proposed 
prohibition will not apply to receivers used in the Cellular Service. 
The NPRM proposes to implement these requirements for scanning 
receivers manufactured and imported into the United States 90 days 
after adoption of the final rules.

Initial Regulatory Flexibility Analysis

    6. Need for and Objective of the Rules. This NPRM is initiated to 
obtain comments regarding the proposed rules which seek to further 
ensure that scanning receivers do not receive signals from the cellular 
radiotelephone frequency bands.
    7. Legal Basis. The proposed action is authorized under sections 
4(j), 301, 302, 303(e), 303(f), 303(g), 303(r), 304 and 307 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 301, 302, 
303(e), 303(f), 303(g), 303(r), 304 and 307.
    8. Reporting, Recordkeeping and Other Compliance Requirements. We 
propose to establish rules that would require scanning receivers to be 
manufactured to reduce the possibility of receiving signals from the 
cellular telephone frequency bands. The proposed rules will require 
design details and test measurements to be reported to the Commission 
as part of the normal equipment authorization process under our 
certification procedure.
    9. Federal Rules Which Overlap, Duplicate or Conflict With These 
Rules. None.
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    \1\See 5 U.S.C. 601(3) (incorporating by reference the 
definition of ``small business concern'' in 5 U.S.C. 632).
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    10. Description, Potential Impact and Number of Small Entities 
Involved. For purposes of this NPRM, the RFA defines a ``small 
business'' to be the same as a ``small business concern'' under the 
Small Business Act, 15 U.S.C. 632, unless the Commission has developed 
one or more definitions that are appropriate to its 
activities.1 Under the Small Business Act, a ``small 
business concern'' is one that: (1) is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) meets 
any additional criteria

[[Page 31685]]

established by the Small Business Administration (``SBA'').2
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    \2\ See 15 U.S.C. 632.
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    The Commission has not developed a definition of small entities 
applicable to unlicensed communications devices. Therefore, we will 
utilize the SBA definition applicable to manufacturers of Radio and 
Television Broadcasting and Communications Equipment. According to the 
SBA regulations, unlicensed transmitter manufacturers must have 750 or 
fewer employees on order to qualify as a small business 
concern.3 Census Bureau data indicates that there are 858 
U.S. companies that manufacture radio and television broadcasting and 
communications equipment, and that 778 of these firms have fewer than 
750 employees and would be classified as small entities.4 
The Census Bureau category is very broad, and specific figures are not 
available as to how many of these firms will manufacture unlicensed 
communications devices. However, we believe that many of them may 
qualify as small entities.
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    \3\ See 13 CFR 121.201, (SIC) Code 3663.
    \4\  See U.S. Dept. of Commerce, 1992 Census of Transportation, 
Communications and Utilities (issued May 1995), SIC category 3663.
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    11. Any Significant Alternatives Minimizing the Impact on Small 
Entities Consistent with Stated Objectives. None.

List of Subjects 47 CFR Parts 2 and 15

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-15393 Filed 6-9-98; 8:45 am]
BILLING CODE 6712-01-P