Government Beaurocratic B.S.


I just found this on the  http://thomas.loc.gov/ site.  I really wonder how they are going to do this?


 

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XIII, reports of committees were delivered to the
Clerk for printing and reference to the proper calendar, as follows:

Mr. BLILEY: Committee on Commerce. 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 (Rept. 106-883). Referred to the Committee of the Whole
House on the State of the Union.

CONGRESS: 9/22/2000 12:27pm: Placed on the Union Calendar, Calendar No.
533.


 

 

 

To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens band radio equipment. (Introduced in the House)

HR 2346 IH

106th CONGRESS

1st Session

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.

IN THE HOUSE OF REPRESENTATIVES

 

June 24, 1999

Mr. EHLERS (for himself, Mr. COBLE, Mr. DINGELL, Mr. UPTON, Mr. HOBSON, Mr. HOEKSTRA, Mr. TRAFICANT, and Mr. CAMPBELL) introduced the following bill; which was referred to the Committee on Commerce

 


A BILL

To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens band radio equipment.

 

 

SECTION 1. ENFORCEMENT OF REGULATIONS REGARDING CITIZENS BAND RADIO EQUIPMENT.

 

 

 

 

 

 

 

 

 

 

 

 

 


The following was just published by the ARRL regarding potential
legislation which has already been discussed. Thought some of you might
be interested in hearing the issue from the other side of the fence.
Apparently the whole thing got started because of high powered amps. If
anyone here is unhappy with more legislation for citizens' band, contact
your congressman.


HAMS REQUEST NEW BILL TARGETING ILLEGAL CBERS

Legislation to permit local authorities to crack down on illegally
amplified
CB transmitters is poised for reintroduction in the 106th Congress.
According to an early draft of the bill being worked on by Rep Vernon
Ehlers
of Michigan, the new legislation would permit state or local governments
to
pass and enforce laws prohibiting unauthorized Citizen Band radio
equipment.
Direct enforcement of telecommunication matters is usually considered a
federal responsibility, and state and local authorities ordinarily don't
step in except in particularly serious cases such as interference with
aircraft or police and fire communication.

As outlined in Part 95 of Title 47 of the Federal Regulations, illegal
equipment would include CB gear that isn't type accepted, that has been
internally modified, that exceeds transmitter power output limits, or
that
is equipped with an external power amplifier.

Ehlers says that he became interested in the issue when a group of
amateurs
in his district complained to him about CB enthusiasts using
transmitters
equipped with high-power linear amplifiers. The illegally amplified CB
radio
signals were interfering with legitimate ham radio gear, as well as with
televisions, telephones and other consumer electronics. Ehlers' district
is
in the Grand Rapids area.

The bill is patterned after S. 608 introduced last session of Congress
by
Wisconsin Sen Russell Feingold and substantially modified at the ARRL's
request to protect law- abiding Amateur Radio operators. The Feingold
bill
had been introduced at the request of municipal authorities in Beloit,
Wisconsin, who had been unable to stop illegal CBers driving Beloit
residents crazy with RFI. Ehlers also introduced similar legislation
last
session.

The new Ehlers bill contains provisions specifying that possession of an
FCC
license in any service--including the Amateur Service--would preclude
action
by the state or local government. ARRL originally requested that section
be
added to the Feingold bill so that hams would not be inadvertently
targeted
by local authorities lacking the technical expertise to differentiate
between amateur and CB gear. ARRL also requested that the bill require
the
FCC to provide technical guidance to states and municipalities and that
it
outlines an appeals mechanism for individuals affected by such laws. The
ARRL changes were included in a draft of the Ehlers legislation League
officials reviewed.--Steve Mansfield, N1MZA

This was E-mailed to me by a fellow CBer and it has a lot of information in it!


 

105th CONGRESS

1st Session

H. R. 2383

To authorize the enforcement by State and local governments of certain

Federal Communications Commission regulations regarding use of citizens

band radio equipment.

IN THE HOUSE OF REPRESENTATIVES

September 3, 1997

Mr. Ehlers (for himself and Mr. Coble) introduced the following bill;

which was referred to the Committee on Commerce

A BILL

To authorize the enforcement by State and local governments of certain

Federal Communications Commission regulations regarding use of citizens

band radio equipment.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. ENFORCEMENT OF REGULATIONS REGARDING CITIZENS BAND RADIO

EQUIPMENT.

Section 302 of the Communications Act of 1934 (47 U.S.C. 302a) is amended by adding at the end the following:

``(f)(1) Except as provided in paragraph (2), a State or local government may enforce 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. {This item would allow the states to take legal action against those who use linear amplifiers on the CB band.}

``(B) A regulation that prohibits the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35 MHz. {The so called "Gotcha" clause. "Unauthorized" operation is legally considered as operation without a duly authorized license from the FCC. Although the FCC has not enforced this regulation, the states would persue the issue in order to clean up the bands and also as a profit center.-Suggestion-Obtain a CB -Class D-Operators License as soon as possible, from the FCC.}

``(2) Possession of a station license issued by the Commission pursuant to section 301 in any radio service for the operation at issue shall preclude action by a State or local government under this subsection. {Have you tried to obtain a CB license recently? According to our sources, the waiting period is very lengthy due to the fact that the FCC has, for all intents and purposes placed the CB band on the very bottom of its list of priorities. To get a license takes a considerable amount of time.}

`(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 regulation 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, acted outside the authority provided in this subsection.

 


If you think that congress isn't serious, maybe this will change your mind. The bill mentioned above is a house bill that is due to be voted on in January 1998. The following bill is a Senate Bill that is due to
be voted on at about the same time. It is safe to say that the House and Senate have conspired to work together on these bills and it is also safe to say that unless you scare the congress into voting against the
bills contained on this page, you will be denied the use of CB radios in the near future.

 





105th CONGRESS

1st Session

S. 608

To authorize the enforcement by State and local governments of certain

Federal Communications Commission regulations regarding use of citizens

band radio equipment.

IN THE SENATE OF THE UNITED STATES

April 17, 1997

Mr. Feingold introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations regarding use of citizens band radio equipment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ENFORCEMENT OF REGULATIONS REGARDING CITIZENS BAND RADIO

EQUIPMENT.

Section 302 of the Communications Act of 1934 (47 U.S.C. 302) is amended by adding at the end the following:

``(f)(1) Except as provided in paragraph (2), a State or local government may enforce 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. {Once Again...The "Gotcha" Clause}

``(B) A regulation that prohibits the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35 MHz. {Once again we have the "unauthorized operation" which includes any
station without a license in the 24 to 35 megahertz range. You must have a license to operate in this spectrum.}

`(2) Possession of a station license issued by the Commission pursuant to section 301 in any radio service for the operation at issue shall preclude action by a State or local government under this
subsection.

``(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). {in other words,
the Federal Government is going to give the states financial aid to help them in their goal of eliminating CB radios in the
individual states.}

``(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 regulation 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, acted 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.

``(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 regulation, the Commission shall reverse the decision enforcing the
regulation.

``(5) The enforcement 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.''.




If you encounter any problems with this page please let me know.

shadow@bigradios.com