
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-521 Section 1]
[CITE: 47USC302a]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 302a. Devices which interfere with radio reception


(a) Regulations

    The 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.

(c) Exceptions

    The provisions of this section shall not be applicable to carriers 
transporting such devices or home electronic equipment and systems 
without trading in them, to devices or home electronic equipment and 
systems manufactured solely for export, to the manufacture, assembly, or 
installation of devices or home electronic equipment and systems for its 
own use by a public utility engaged in providing electric service, or to 
devices or home electronic equipment and systems for use by the 
Government of the United States or any agency thereof. Devices and home 
electronic equipment and systems for use by the Government of the United 
States or any agency thereof shall be developed, procured, or otherwise 
acquired, including offshore procurement, under United States Government 
criteria, standards, or specifications designed to achieve the 
objectives of reducing interference to radio reception and to home 
electronic equipment and systems, taking into account the unique needs 
of national defense and security.

(d) Cellular telecommunications receivers

    (1) Within 180 days after October 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.

(e) Delegation of equipment testing and certification to private 
        laboratories

    The Commission may--
        (1) authorize the use of private organizations for testing and 
    certifying the compliance of devices or home electronic equipment 
    and systems with regulations promulgated under this section;
        (2) accept as prima facie evidence of such compliance the 
    certification by any such organization; and
        (3) establish such qualifications and standards as it deems 
    appropriate for such private organizations, testing, and 
    certification.

(June 19, 1934, ch. 652, title III, Sec. 302, as added Pub. L. 90-379, 
July 5, 1968, 82 Stat. 290; amended Pub. L. 97-259, title I, 
Sec. 108(a), Sept. 13, 1982, 96 Stat. 1091; Pub. L. 102-556, title IV, 
Sec. 403(a), Oct. 28, 1992, 106 Stat. 4195; Pub. L. 104-104, title IV, 
Sec. 403(f), Feb. 8, 1996, 110 Stat. 131.)


                               Amendments

    1996--Subsec. (e). Pub. L. 104-104 added subsec. (e).
    1992--Subsec. (d). Pub. L. 102-556 added subsec. (d).
    1982--Subsec. (a). Pub. L. 97-259, Sec. 108(a)(1), (2), inserted 
``(1)'' after ``regulations'' and ``; and (2) establishing minimum 
performance standards for home electronic equipment and systems to 
reduce their susceptibility to interference from radio frequency 
energy'' after ``radio communications'', and substituted ``or shipment 
of such devices and home electronic equipment and systems, and to the 
use of such devices'' for ``shipment, or use of such devices''.
    Subsec. (b). Pub. L. 97-259, Sec. 108(a)(3), substituted ``or ship 
devices or home electronic equipment and systems, or use devices,'' for 
``ship, or use devices''.
    Subsec. (c). Pub. L. 97-259, Sec. 108(a)(4), inserted ``or home 
electronic equipment and systems'' after ``devices'' wherever appearing, 
inserted ``and home electronic equipment and systems'' after 
``Devices'', substituted ``objectives'' for ``common objective'', and 
inserted ``and to home electronic equipment and systems'' after 
``reception''.


                          Effect on Other Laws

    Section 403(c) of Pub. L. 102-556 provided that: ``This section 
[amending this section] shall not affect section 2512(2) of title 18, 
United States Code.''


  Minimum Performance Standards; Home Electronic Equipment and Systems 
                 Manufactured Before September 13, 1982

    Section 108(b) of Pub. L. 97-259 provided that: ``Any minimum 
performance standard established by the Federal Communications 
Commission under section 302(a)(2) of the Communications Act of 1934 
[subsec. (a)(2) of this section], as added by the amendment made in 
subsection (a)(1), shall not apply to any home electronic equipment or 
systems manufactured before the date of the enactment of this Act [Sept. 
13, 1982].''

                  Section Referred to in Other Sections

    This section is referred to in section 510 of this title.
