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"

------------------------------------------------------------ 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.

------------------------------------------------------------ 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