The Effect of HR 514 Section 2 on USC section 302(b)

Here is the text of Section 705 of the Communications Act of 1934 as it would read if amended. New text is in bold print, underlined; replaced text is within brackets and/or struck out.

§ 302a. Devices which interfere with radio reception

(a) Regulations

The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.

(b) Restrictions

No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section, or to modify any such device, equipment, or system in any manner that causes such device, equipment, or system to fail to comply with such regulations.

(c) Exceptions

The provisions of this section shall not be applicable to carriers transporting such devices or home electronic equipment and systems without trading in them, to devices or home electronic equipment and systems manufactured solely for export, to the manufacture, assembly, or installation of devices or home electronic equipment and systems for its own use by a public utility engaged in providing electric service, or to devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof. Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the objectives of reducing interference to radio reception and to home electronic equipment and systems, taking into account the unique needs of national defense and security.

[(d) Cellular telecommunications receivers

(1) Within 180 days after October 28, 1992, the Commission shall prescribe and make effective regulations denying equipment authorization (under part 15 of title 47, Code of Federal Regulations, or any other part of that title) for any scanning receiver that is capable of - +]

(d) Equipment authorization regulations -

(1) PRIVACY PROTECTIONS REQUIRED- The Commission shall prescribe regulations, and review and revise such regulations as necessary in response to subsequent changes in technology or behavior, denying equipment authorization (under part 15 of title 47, Code of Federal Regulations, or any other part of that title) for any scanning receiver that is capable of--

(A) receiving transmissions in the frequencies that are allocated to the domestic cellular radio telecommunications service or the personal communications service; (B) readily being altered to receive transmissions in such frequencies; or

(C) being equipped with decoders that-- (i) convert digital domestic cellular radio telecommunications service, personal communications service, or protected specialized mobile radio service transmissions to analog voice audio; or (ii) convert protected paging service transmissions to alphanumeric text; or

(D) being equipped with devices that otherwise decode encrypted radio transmissions for the purposes of unauthorized interception.

(2) PRIVACY PROTECTIONS FOR SHARED FREQUENCIES- The Commission shall, with respect to scanning receivers capable of receiving transmissions in frequencies that are used by commercial mobile services and that are shared by public safety users, examine methods, and may prescribe such regulations as may be necessary, to enhance the privacy of users of such frequencies.

(3) TAMPERING PREVENTION- In prescribing regulations pursuant to paragraph (1), the Commission shall consider defining "capable of readily being altered" to require scanning receivers to be manufactured in a manner that effectively precludes alteration of equipment features and functions as necessary to prevent commerce in devices that may be used unlawfully to intercept or divulge radio communication.

(4) WARNING LABELS- In prescribing regulations under paragraph (1), the Commission shall consider requiring labels on scanning receivers warning of the prohibitions in Federal law on intentionally intercepting or divulging radio communications.

(5) DEFINITIONS- As used in this subsection, the term "protected" means secured by an electronic method that is not published or disclosed except to authorized users, as further defined by Commission regulation..

(c) Implementing Regulations -

Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall prescribe amendments to its regulations for the purposes of implementing the amendments made by this section. In prescribing such amendments, and in response to subsequent changes in technology or behavior, the Commission shall review and revise its definition of the term 'capable of being readily altered,' as necessary to prevent commerce in devices that may be used unlawfully to intercept or divulge radio communication.

(Unclear if above paragraph replaces or is in addition to following paragraph in Sec 302a--Rachel)

(2) Beginning 1 year after the effective date of the regulations adopted pursuant to paragraph (1), no receiver having the capabilities described in subparagraph (A), (B), or (C) of paragraph (1), as such capabilities are defined in such regulations, shall be manufactured in the United States or imported for use in the United States.

(e) Delegation of equipment testing and certification to private laboratories

The Commission may -

(1) authorize the use of private organizations for testing and certifying the compliance of devices or home electronic equipment and systems with regulations promulgated under this section;

(2) accept as prima facie evidence of such compliance the certification by any such organization; and

(3) establish such qualifications and standards as it deems appropriate for such private organizations, testing, and certification.

Effects of HR 514, Section 3, on 47 USC 605