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<ARTICLE>
Date="04/27/93"
Citation="58 FR 25574"
Group="commerce"
Type="RULE"
Department="FEDERAL COMMUNICATIONS COMMISSION"
Agency="FEDERAL COMMUNICATIONS COMMISSION"
Subject="Radio Scanners That Receive Cellular Telephone Transmissions"
<HEADER>
------------------------------------------------------------
47 CFR Parts 2 and 15
[ET Docket No. 93-1; FCC 93-201]
Radio Scanners That Receive Cellular Telephone Transmissions
AGENCY: Federal Communications Commission.
ACTION: Final rule.
</HEADER>
------------------------------------------------------------
47 CFR Parts 2 and 15
[ET Docket No. 93-1; FCC 93-201]
Radio Scanners That Receive Cellular Telephone Transmissions
AGENCY: Federal Communications Commission.
ACTION: Final rule.
..
------------------------------------------------------------
SUMMARY: This Report and Order implements new regulations that
deny equipment authorization to radio scanners capable of receiving
transmissions in the Domestic Public Cellular Radio Telecommunications
Service. This action is taken in response to the Telephone Disclosure
and Dispute Resolution Act. The intended effect of this action
is to help ensure the privacy of cellular telephone conversations.
EFFECTIVE DATE: April 26, 1993.
FOR FURTHER INFORMATION CONTACT:
David Wilson, Office of Engineering and Technology, (202) 653-
8138.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Report and Order in ET Docket No. 93-1, FCC 93-201, adopted
April 19, 1993, and released April 22, 1993. The full text of
this decision is available for inspection and copying during
normal business hours in the FCC Dockets Branch (Room 230),
1919 M Street, NW., Washington, DC. The complete text of this
decision also may be purchased from the Commission's duplicating
contractor, International Transcription Services at (202) 857-
3800 or 2100 M Street, NW., suite 140, Washington, DC 20037.
Paperwork Reduction
The paperwork burden estimated in the Notice of Proposed
Rule Making has been adjusted to reflect changes that are being
adopted in this Report and Order. The adjusted paperwork burden
is pending OMB approval.
Summary of the Report and Order
1. By this action, the Commission amends 47 CFR parts 2 and
15 to prohibit the manufacture and importation of radio scanners
capable of receiving frequencies allocated to the Domestic Public
Cellular Radio Telecommunications Service. This action implements
statutory requirements set forth in the Telephone Disclosure
and Dispute Resolution Act (TDDRA), Public Law 102-556. The
rules being adopted are intended to increase the privacy protection
of cellular telephone users without unduly restricting legitimate
uses of scanners.
2. The Domestic Public Cellular Radio Telecommunications
Service ("Cellular Radio Service") provides telephone service
to mobile customers. Cellular telephones use frequencies in
the bands 824-849 MHz and 869-894 MHz to connect their users
to other cellular system users and to the Public Switched Telephone
Network.
3. As defined within our rules, scanning receivers, or "scanners,"
are radio receivers that can automatically switch between four
or more frequencies anywhere within the 30-960 MHz band. In
order to control their potential to cause harmful interference
to authorized radio communications, the rules require that scanners
receive an equipment authorization (certification) from the
Commission prior to marketing.
4. On October 28, 1992, the President signed the TDDRA into
law. Section 403 of the TDDRA amends section 302 of the Communications
Act of 1934 (47 U.S.C. 302(d)(1) and (2)) by requiring that
by April 26, 1993 (180 days after enactment of the TDDRA), the
Commission prescribe and make effective regulations denying
equipment authorization for any scanning receiver that is capable
of: (1) Receiving transmissions in the frequencies allocated
to the domestic cellular radio service; (2) readily being altered
by the user to receive transmissions in such frequencies; or,
(3) being equipped with decoders that convert digital cellular
transmissions to analog voice audio.
Further, section 302(d)(2), as amended by the TDDRA, provides
that, beginning one year after the effective date of the regulations
adopted pursuant to paragraph (d)(1), no receiver having such
capabilities shall be manufactured in the United States or imported
for use in the United States.
5. In accordance with the TDDRA, we adopted a Notice of Proposed
Rule Making (Notice) proposing to deny equipment authorization
to scanning receivers that: (1) Tune frequencies used by cellular
telephones; (2) can be readily altered by the user to tune such
frequencies; or (3) can be equipped with decoders that convert
digital cellular transmissions to analog voice audio. See Notice
of Proposed Rule Making in ET Docket No. 93-1, 59 FR 06769,
February 2, 1993. The Notice requested comment on a proposed
definition of "readily altered by the user." The Notice also
proposed to deny equipment authorization (notification) to frequency
converters that tune, or can be readily altered by the user
to tune, cellular telephone frequencies. To assist us in determining
compliance with these requirements, we proposed to require applicants
for certification of scanners, and for notification of frequency
converters used with scanners, to include in their applications
a statement stating that the device cannot be easily altered
to enable a scanner to receive cellular transmissions.
6. Some 46 parties filed comments on the Notice and 6 parties
filed reply comments. A large number of commenters, presumably
most of them scanner enthusiasts, oppose adoption of any rules
that would restrict the tuning capabilities of scanners. Manufacturers
of scanners and cellular service providers in general support
the Commission's proposed changes. However, several commenters
ask for clarification or expansion of the rules.
7. In accordance with TDDRA, we are adopting new rules restricting
scanners and associated frequency converters generally as proposed
in the Notice. Based on the comments, we are adopting several
minor changes to the rules as proposed.
8. The Final Regulatory Flexibility Analysis is contained
in the text of the Notice.
9. The TDDRA requires that the rules adopted in this proceeding
become effective on or before April 26, 1993. Accordingly, due
to the limited time available to meet this requirement, we find
good cause for the rules adopted herein to become effective
upon publication in the Federal Register. See 5 U.S.C. 553(d).
10. Accordingly, It is ordered that under the authority contained
in sections 4(i), 302 and 303 of the Communications Act of 1934,
as amended, and the Telephone Disclosure and Dispute Resolution
Act, 47 CFR parts 15 and 2 are amended as set forth below. These
rules and regulations are effective upon publication in the
Federal Register. It is further ordered that this proceeding
is terminated.
11. For further information on this proceeding, contact David
Wilson, Technical Standards Branch, Office of Engineering and
Technology, at 202-653-8138.
List of Subjects in 47 CFR Parts 2 and 15
Communications equipment, wiretapping and electronic surveillance
Parts 2 and 15 of title 47 of the Code of Federal Regulations
are amended as follows:
PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for 47 CFR part 2 continues to
read as follows:
Authority: Sec. 4, 302, 303 and 307 of the Communications
Act of 1934, as amended, 47 U.S.C. 154, 154(i), 302, 303, 303(r)
and 307.
2. 47 CFR 2.975 is amended by adding a new paragraph (a)(8)
to read as follows:
.2.975 Application for notification
(a) * * *
(8) Applications for the notification of receivers contained
in frequency converters designed or marketed for use with scanning
receivers shall include a statement describing the methods used
to comply with the design requirements of .15.121(a) of this
chapter or the marketing requirements of .15.121(b) of this
chapter.
* * * * *
3. 47 CFR 2.1033 is amended by adding a new paragraph (b)(12)
to read as follows:
.2.1033 Application for certification.
* * * * *
(b) * * *
(12) Applications for the certification of scanning receivers
shall include a statement describing the methods used to comply
with the design requirements of .15.121(a) of this chapter or
the marketing requirements of .15.121(b) of this chapter.
* * * * *
PART 15-RADIO FREQUENCY DEVICES
1. The authority citation for 47 CFR part 15 continues to
read as follows:
Authority: Sec. 4, 302, 303, 307 of the Communications Act
of 1934, as amended, 47 U.S.C. 154, 302, 303 and 307.
2. 47 CFR 15.37 is amended by adding a last sentence to paragraph
(b), and adding a new paragraph (f), to read as follows:
.15.37 Transition provisions for compliance with the rules.
* * * * *
(b) * * * In addition, receivers are subject to the provisions
in paragraph (f) of this section.
* * * * *
(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 .15.121
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 .15.121
of this part. 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 April 26, 1994.
3. 47 CFR .15.121 is added to subpart B to read as follows:
.15.121 Scanning receivers and frequency converters designed
or marketed for use with scanning receivers.
(a) Except as provided in paragraph (b) of this section,
scanning receivers, and frequency converters designed or marketed
for use with scanning receivers, must be incapable of operating
(tuning), or readily being altered by the user to operate, within
the frequency bands allocated to the Domestic Public Cellular
Radio Telecommunications Service in part 22 of this Chapter
(cellular telephone bands). Receivers capable of "readily being
altered by the user" 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 and/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 or marketed for use with scanning receivers, must also
be incapable of converting digital cellular transmissions to
analog voice audio.
(b) Scanning receivers, and frequency converters designed
or marketed for use with scanning receivers, that are manufactured
exclusively for, and marketed exclusively to, entities described
in 18 U.S.C. 2512(2) are not subject to the requirements of
paragraph (a) of this section.
Federal Communications Commission.
Donna R. Searcy,
Secretary.
[FR Doc. 93-9847 Filed 4-23-93; 10:58 am]
BILLING CODE 6712-01-M
</ARTICLE>