Page:United States Statutes at Large Volume 114 Part 4.djvu/376

 114 STAT. 2438 PUBLIC LAW 106-521—NOV. 22, 2000 Public Law 106-521 106th Congress An Act TM 99 9nnn '^° authorize the enforcement by State and local governments of certain Federal

Communications Commission regulations regarding use of citizens band radio [H.R. 2346] equipment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STATE AND LOCAL ENFORCEMENT OF FEDERAL COMMU- NICATIONS COMMISSION REGULATIONS ON USE OF CITI- ZENS 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 enact a statute or ordinance that prohibits a violation of 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. "(B) A regulation that prohibits the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35 MHz. "(2) A station that is licensed by the Commission pursuant to section 301 in any radio service for the operation at issue shall not be subject to action by a State or local government under this subsection. A State or local government statute or ordinance enacted for purposes of this subsection shall identify the exemption available under this paragraph. "(3) The Commission shall, to the extent practicable, 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 agency enforcing a statute or ordinance 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, enacted a statute or ordinance outside the authority provided in this subsection. Deadline. "(B) A person shall submit an appeal on a decision of a State or local government agency 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 agency becomes final, but prior to seeking judicial review of such decision.

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