SPRING 2006
Cyberlaw
Course No.:  9200-710-001
Course ID:  17105
Tu, Th 4:45 - 6:15 p.m.
Room W-206
Professor Jay Dratler, Jr.
Room 231D (IP Alcove)
(330) 972-7972
dratler@uakron.edu,
dratler@neo.rr.com
Copyright © 2000, 2001, 2002, 2003, 2004, 2005, 2006   Jay Dratler, Jr.  
For permission, see CMI.

Protection of Cellular Telephone Communications

47 U.S.C. § 302a

(a)  Regulations.  The [Federcal Communications] 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.

[Exceptions omitted]

* * *
(d)  Cellular telecommunications receivers.
    (1)  Within 180 days after the date of enactment of this subsection [Oct. 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—
      (A) receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications service,

      (B) readily being altered by the user to receive transmissions in such frequencies, or

      (C) being equipped with decoders that convert digital cellular transmissions to analog voice audio.
    (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.
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