Message #3352 - Shortwave Listeners Date : 02-Oct-91 19:11 From : Kirk Baxter To : All Subject : SCANNER LAWS (USENET) The following messages are from the USENET SWL-L echo, regarding the upcoming legislation to regulate scanners. ----------------------------------------------------------------------- >Subject: Re: HR 1674: is it law yet? Organization: Computer Science Department, Stanford University. Lines: 68 I've confirmed that HR-1674 has passed the House and is now on its way through the Senate. There's no way it will fail to pass the Senate or be vetoed as it reauthorizes the FCC. We can only quibble about what it does. [The following quotes from the bill as of Sept 17. The version that passed the house may be completely different. It may not even be about the FCC any more, as those of you who watch CSPAN know.] Continue [Y/n/=]? Before I quote Section 8, let me point out two other sections that explain why the amateur community thinks that it is getting something out of 1674. Section 3, paragraph (a) sets up a fee schedule as section 9 of the Communications Act of 1934. The fees are intended to cover the cost of running the FCC. Paragraph d of the new section is the exemptions from those fees. It says: "(1) In general. - The fees established under this section shall not be applicable (A) to governmental entities, (B) to nonprofit entities holding tax exempt status under section 501(c)(3) of the Internal Revenue Code, or (C) to person licenses in the Amateur Radio Service." Section 6, paragraph (b) adds the following to Section 4(f)(4) to the 1934 act: "(K) The Commission for purposes of providing specialized, radio club and military-recreation call signs, may utilize the voluntary and uncompensated services of an incorporated association of amateur radio operators with more than 100,000 dues-paying members representing all States which has a tax-exempt status under section 501(c)(3) of the Internal Revenue Code." Section 8 of HR-1674, Interception of Cellular Telecommunications, says: Continue [Y/n/=]? (a) Amendment.- Section 302 of the Communications Act of 1934 (47 U.S.C. 302) is amended by adding the following new subsection: "(d) (1) Interception of Cellular Telecommunications.-Within 180 days after the date of enactment of the Federal Communications Commission Act of 1991 [HR-1674], 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 domestice cellular radio telecommuncations 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) Manufacture of Noncomplying Equipment.-Beginning one year after the effective date of the regulations adopted pursuant to subsection (a), no reciever having the capabilities described in subparagraph Continue [Y/n/=]? (A), (B), or (C) of paragragh (1) shall be manufactured that does not comply with the requirements set for in paragraphy (1)." In other words, even newly manufactured equipment of previously certified designs will not be available if section 8 stays in. As to "being equipped with decoders", doesn't that affect everything with an IF output? --- TBBS v2.1/NM * Origin: ANARC BBS-Assoc.of N.American Radio Clubs (913)345-1978 (1:280/3)