[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Rules and Regulations]
[Pages 22559-22562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10118]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 2 and 15
[ET Docket No. 98-76; FCC 99-58]
Rules To Further Ensure That Scanning Receivers Do Not Receive
Cellular Radio Signals
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Report and Order amends the Commission rules to further
prevent scanning receivers from receiving cellular radio telephone
signals. It also codifies the provisions of section 705(e)(4) of the
Communications Act of 1934 into our rules and requires a label on
scanning receivers to indicate that modification of the receiver to
receive Cellular Service transmissions is a violation of FCC rules and
Federal Law. These requirements will ensure the privacy of
communications in the Cellular Service.
DATES: This final rule is effective October 25, 1999.
Compliance Dates: The manufacture or importation of scanning
receivers, and frequency converters designed or marketed for use with
scanning receivers, that do not comply with the provisions of
Sec. 15.121 shall cease on or before October 25, 1999. After July 26,
1999 the Commission will not grant equipment authorization for
receivers that do not comply with the provisions of Sec. 15.121. These
rules do not prohibit the sale or use of authorized receivers
manufactured in the United States, or imported into the United States,
prior to October 25, 1999.
FOR FURTHER INFORMATION CONTACT: Rodney P. Conway (202) 418-2904 or via
electronic mail: [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket 98-76, FCC 99-58, adopted March 25, 1999 and
released March 31, 1999. A full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room TW-A306), 445 12th Street, SW
Washington, DC 20554, 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, NW
Washington DC 20036.
Summary of the Report and Order
1. The Report and Order (R&O) amends the rules to modify the
definition of a scanning receiver to include scanning receivers that
switch among two or more frequencies to deter the manufacture of
scanning receivers that automatically scan less than four frequencies
to circumvent the Commission's rules.
2. The R&O also amends the rules to define test equipment as
equipment that is intended primarily for purposes of performing
measurements or scientific investigations. The definition is
sufficiently clear to prevent individuals from marketing scanning
receivers that receive Cellular Service transmissions as test
equipment.
3. The R&O also amends the rules to require that scanning receivers
provide at least 38 dB rejection of Cellular Service signals for any
frequency to which the scanning receiver can be tuned. In addition, the
R&O amends the rules to require that scanning receivers
[[Page 22560]]
be designed so that tuning, control and filtering circuitry is
inaccessible and the design must be such that any attempt to modify the
scanning receivercircuitry to receive Cellular Service transmissions
will likely render the scanning receiver inoperable.
4. The R&O also amends the rules to clearly prohibit the
modification of scanning receivers to receive Cellular Service
transmissions, regardless of the date of manufacture of number of units
modified. The Commission finds that modifying scanning receivers to
receive Cellular Service signals changes its operating characteristics,
invalidates the equipment certification, and results in equipment that
does not comply with Commission rules.
5. The R&O also amends the rules to require a labelling requirement
for scanning receivers. The label will contain the following warning:
Modification of this device to receive Cellular Service signals is
prohibited under FCC Rules and Federal law. The Commission finds that
the labelling requirement is an effective deterrent and is an expedient
way to distribute information regarding Commission rules and Federal
laws.
6. The R&O also amends the rules to require that information must
be submitted with any application for certification of a scanning
receiver to ensure that the proposed rule changes are satisfied. As a
result, any application for certification of a scanning receiver must
include a detailed showing which: describes the testing method used to
determine compliance with the 38 dB rejection ration, contains a
statement assessing the vulnerability of the scanning receiver to
possible modification, describes the design features that prevent
modification of the scanning receiver to receive Cellular Service
transmissions, and describes the design steps taken to make tuning,
control, and filtering circuitry inaccessible.
7. The Report and Order also amends the rules to keep certain
portions of applications for equipment authorization for scanning
receivers confidential. The Commission finds that any information that
would be useful for modification of a scanning receiver to receive
Cellular Service transmissions. This information includes schematic
diagrams, technical narratives describing equipment operation, and
design details taken to prevent modification of scanning receivers to
receive Cellular Service frequencies. This will assist in preventing
sensitive information regarding the design of scanning receivers from
being distributed to the public via Commission filings.
Final Regulatory Flexibility Analysis
8. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated into the Notice of Proposed Rule Making
(Notice), 63 FR 31684, June 10, 1998, in ET Docket No. 98-76. The
Commission sought written public comments on the proposals in the
Notice including the IRFA. The Commission's Final Regulatory
Flexibility Analysis (``FRFA'') in this Report and Order conforms to
the RFA, as amended by the Contract with America Advancement Act of
1996 (CWAAA), Public Law 104-121, 110 Stat. 847 (1996). See Subtitle II
of the CWAAA is ``The Small Business Regulatory Enforcement Fairness
Act of 1996'' (SBREFA), codified at 5 U.S.C. 601 et seq.
9. Need for and Objective of the Rules. Our objectives are to adopt
rules to ensure that scanning receivers do not receive signals from the
cellular radiotelephone service frequency bands.
10. Summary of Significant Issues Raised by Public Comments in
Response to the IRFAs. No comments were submitted in direct response to
the IRFA.
11. Description and Estimates of the Number of Small Entities to
Which the Rules Will Apply. For the purposes of this Report and Order,
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. See 5 U.S.C. 601(3) (incorporating by
reference the definition of ``small business concern'' in 5 U.S.C.
632). 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 established by
the Small Business Administration (SBA). See 15 U.S.C. 632.
12. 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 in order to qualify as a small business concern. See 13
CFR 121.201, (SIC) Code 3663. 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. See U.S. Dept. of Commerce, 1992 Census of Transportation,
Communications and Utilities (issued May 1995), SIC category 3663. 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.
13. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements. The Commission has adopted rules that require
scanning receivers to be manufactured to reduce the possibility of
receiving signals from the cellular radiotelephone service frequency
bands. The 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.
14. Significant Alternatives and Steps Taken to Minimize
Significant Economic Impact on a Substantial Number of Small Entities
Consistent with Stated Objectives. The Commission considered and
rejected additional rules that would have significantly increased the
costs of manufacturing scanning receivers. The rules adopted in the
Report and Order represent the most efficient and least restrictive
method to accomplish the Commission's policies and objectives.
15. Report to Congress. The Commission will send a copy of the
Final Regulatory Flexibility Analysis, along with this Report and
Order, in a report to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A) and
the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 0
Freedom of information.
47 CFR Part 2
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 15
Communications equipment, Labeling, Radio, Reporting and
recordkeeping requirements.
[[Page 22561]]
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0, 2, and 15 as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.457 is amended by revising paragraph (d)(1)(ii) to
read as follows:
Sec. 0.457 Records not routinely available for public inspection.
(d) * * *
(1) * * *
(ii) Applications for equipment authorizations (type acceptance,
type approval, certification, or advance approval of subscription
television systems), and materials relating to such applications, are
not routinely available for public inspection prior to the effective
date of the authorization. The effective date of the authorization
will, upon request, be deferred to a date no earlier than that
specified by the applicant. Following the effective date of the
authorization, the application and related materials (including
technical specifications and test measurements) will be made available
for inspection upon request (See Sec. 0.460). Portions of applications
for equipment certification of scanning receivers and related materials
will not be made available for inspection. This information includes
that necessary to prevent modification of scanning receivers to receive
Cellular Service frequencies, such as schematic diagrams, technical
narratives describing equipment operation, and relevant design details.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS: GENERAL
RULES AND REGULATIONS
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 307 and 336, unless
otherwise noted.
4. Section 2.1033 is amended by revising paragraph (b)(11) to read
as follows:
Sec. 2.1033 Application for certification.
(b) * * *
(11) Applications for the certification of scanning receivers shall
include a statement describing the methods used to comply with the
design requirements of all parts of Sec. 15.121 of this chapter. The
application must specifically include a statement assessing the
vulnerability of the equipment to possible modification and describing
the design features that prevent the modification of the equipment by
the user to receive transmissions from the Cellular Radiotelephone
Service. The application must also demonstrate compliance with the
signal rejection requirement of Sec. 15.121 of this chapter, including
details on the measurement procedures used to demonstrate compliance.
* * * * *
PART 15--RADIO FREQUENCY DEVICES
5. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.
6. Section 15.3 is amended by revising paragraph (v) and adding
paragraph (dd) to read as follows:
Sec. 15.3 Definitions
* * * * *
(v) Scanning receiver. For the purpose of this part, this is a
receiver that automatically switches among two or more frequencies in
the range of 30 to 960 MHz and that is capable of stopping at and
receiving a radio signal detected on a frequency. Receivers designed
solely for the reception of the broadcast signals under part 73 of this
chapter or for operation as part of a licensed station are not included
in this definition.
* * * * *
(dd) Test equipment is defined as equipment that is intended
primarily for purposes of performing measurements or scientific
investigations. Such equipment includes, but is not limited to, field
strength meters, spectrum analyzers, and modulation monitors.
7. Section 15.37 is amended by revising paragraph (f) and adding a
new paragraph (h) to read as follows:
Sec. 15.37 Transition provisions for compliance with the rules.
* * * * *
(f) The manufacture or importation of scanning receivers, and
frequency converters designed or marketed for use with scanning
receivers, that do not comply with the provisions of Sec. 15.121(a)(1)
shall cease on or before April 26, 1994. Effective April 26, 1993, the
Commission will not grant equipment authorization for receivers that do
not comply with the provisions of Sec. 15.121(a)(1). These rules do not
prohibit the sale or use of authorized receivers manufactured in the
United States, or imported into the United States, prior to April 26,
1994.
* * * * *
(h) The manufacture or importation of scanning receivers, and
frequency converters designed or marketed for use with scanning
receivers, that do not comply with the provisions of Sec. 15.121 shall
cease on or before October 25, 1999. Effective July 26, 1999 the
Commission will not grant equipment authorization for receivers that do
not comply with the provisions of Sec. 15.121. This paragraph does not
prohibit the sale or use of authorized receivers manufactured in the
United States, or imported into the United States, prior to October 25,
1999.
8. Section 15.121 is revised to read as follows:
Sec. 15.121 Scanning receivers and frequency converters used with
scanning receivers.
(a) Except as provided in paragraph (c) of this section, scanning
receivers and frequency converters designed or marketed for use with
scanning receivers, shall:
(1) Be incapable of operating (tuning), or readily being altered by
the user to operate, within the frequency bands allocated to the
Cellular Radiotelephone Service in part 22 of this chapter (cellular
telephone bands). Scanning receivers capable of ``readily being altered
by the user'' include, but are not limited to, those for which the
ability to receive transmissions in the cellular telephone bands can be
added by clipping the leads of, or installing, a simple component such
as a diode, resistor or jumper wire; replacing a plug-in semiconductor
chip; or programming a semiconductor chip using special access codes or
an external device, such as a personal computer. Scanning receivers,
and frequency converters designed for use with scanning receivers, also
shall be incapable of converting digital cellular communication
transmissions to analog voice audio.
(2) Be designed so that the tuning, control and filtering circuitry
is inaccessible. The design must be such that any attempts to modify
the equipment to receive transmissions from the Cellular Radiotelephone
Service likely will render the receiver inoperable.
(b) Except as provided in paragraph (c) of this section, scanning
receivers shall reject any signals from the Cellular
[[Page 22562]]
Radiotelephone Service frequency bands that are 38 dB or higher based
upon a 12 dB SINAD measurement, which is considered the threshold where
a signal can be clearly discerned from any interference that may be
present.
(c) Scanning receivers and frequency converters designed or
marketed for use with scanning receivers, are not subject to the
requirements of paragraphs (a) and (b) of this section provided that
they are manufactured exclusively for, and marketed exclusively to,
entities described in 18 U.S.C. 2512(2), or are marketed exclusively as
test equipment pursuant to Sec. 15.3(dd).
(d) Modification of a scanning receiver to receive transmissions
from Cellular Radiotelephone Service frequency bands will be considered
to constitute manufacture of such equipment. This includes any
individual, individuals, entity or organization that modifies one or
more scanners. Any modification to a scanning receiver to receive
transmissions from the Cellular Radiotelephone Service frequency bands
voids the certification of the scanning receiver, regardless of the
date of manufacture of the original unit. In addition, the provisions
of Sec. 15.23 shall not be interpreted as permitting modification of a
scanning receiver to receiver Cellular Radiotelephone Service
transmissions.
(e) Scanning receivers and frequency converters designed for use
with scanning receivers shall not be assembled from kits or marketed in
kit form unless they comply with the requirements in paragraph (a)
through (c) of this section.
(f)(1) Scanning receivers shall have a label permanently affixed to
the product, and this label shall be readily visible to the purchaser
at the time of purchase. The label shall read as follows:
WARNING: MODIFICATION OF THIS DEVICE TO RECEIVE CELLULAR
RADIOTELEPHONE SERVICE SIGNALS IS PROHIBITED UNDER FCC RULES AND
FEDERAL LAW.
(2) ``Permanently affixed'' means that the label is etched,
engraved, stamped, silkscreened, indelibly printed or otherwise
permanently marked on a permanently attached part of the equipment or
on a nameplate of metal plastic or other material fastened to the
equipment by welding, riveting, or permanent adhesive. The label shall
be designed to last the expected lifetime of the equipment in the
environment in which the equipment may be operated and must not be
readily detachable. The label shall not be a stick-on, paper label.
[FR Doc. 99-10118 Filed 4-26-99; 8:45 am]
BILLING CODE 6712-01-P