[House Report 106-883]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-883
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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).