[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17846]
[[Page Unknown]]
[Federal Register: July 22, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 15
[ET Docket No. 93-1; FCC 94-183]
Radio Scanners That Receive Cellular Telephone Transmissions
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: This Memorandum Opinion and Order denies a petition for
reconsideration of 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 a petition for reconsideration filed by Kenwood
Communications Corporation. The intended effect of this action is to
help ensure the privacy of cellular telephone conversations.
EFFECTIVE DATE: July 22, 1994.
FOR FURTHER INFORMATION CONTACT:
David Wilson, Office of Engineering and Technology, (202) 653-8138.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order in ET Docket No. 93-1, FCC 94-183, adopted
July 8, 1994, and released July 19, 1994. 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.
Summary of the Memorandum Opinion and Order
1. By this action, the Commission denies a request by Kenwood
Communications Corporation (Kenwood) for reconsideration of portions of
the rules adopted in the Report and Order in this proceeding. These
rules were adopted in response to the Telephone Disclosure and Dispute
Resolution Act (TDDRA), Pub. L. 102-556, and generally prohibit the
manufacture and importation of radio scanners capable of receiving
cellular telephone communications. See Report and Order in ET Docket
No. 93-1, 58 FR 25574, April 27, 1993.
2. In its Petition for Reconsideration, Kenwood raises three
issues. First, it argues that the deadlines for complying with the
rules adopted in this proceeding should be extended. Second, it
requests that scanners sold to Military Affiliate Radio Service (MARS)
and Civil Air Patrol (CAP) licensees be exempt from the regulations
adopted in this proceeding. Finally, it argues that the definition of
``readily altered by the user'' that was adopted in this proceeding
should include only scanners that can be modified ``quickly'' by ``non-
technical'' consumers. There were no comments filed in response to the
Kenwood petition.
3. Implementation dates. Kenwood contends that the April 26, 1993,
cutoff date for equipment authorization and the April 26, 1994, cutoff
date for manufacture and importation of scanners that do not comply
with the new rules do not provide sufficient time to design and build
new products to replace those being prohibited. This short period of
time is, however, mandated by the TDDRA and reflects the position of
Congress that reception of cellular communications by means of scanning
receivers is a serious problem that must be resolved expeditiously.
Accordingly, we are denying Kenwood's request for an extension of the
cutoff dates.
4. Exemption for equipment sold to MARS and CAP licensees. Kenwood
states that it manufactures two-way transceivers that are generally set
up to operate only on frequencies available within a particular radio
service. Kenwood indicates that some of its transceivers are routinely
modified at its factory to operate on additional frequencies, such as
those used by MARS and CAP licensees, in order to accommodate the needs
of its customers. Kenwood states that these factory modifications can
result, incidentally, in the ability to scan cellular telephone
frequencies.
5. We see no reason why it is not possible to manufacture equipment
to operate on MARS and CAP frequencies without resulting in that
equipment also having the capability to receive the cellular
frequencies, since MARS and CAP frequencies are far removed from the
cellular frequencies. Consequently, we find that there is no technical
justification for exempting scanning equipment from the rules adopted
in this proceeding based on its intended use by MARS or CAP licensees,
and we are denying Kenwood's request.
6. The definition of ``readily altered by the user.'' Kenwood
requests that we modify the definition of ``readily altered by the
user'' to include only devices that can be quickly modified by ``non-
technical consumers.''
7. We believe that Kenwood's proposed definition would make it too
easy to modify scanners. Most of the examples given in our definition
of scanners that can be ``readily altered by the user'' are
modifications that perhaps could not be done by ``non-technical
consumers.'' Yet, they are examples of precisely the kind of easy
modifications that we believe the TDDRA was intended to prohibit.
Accordingly, we are rejecting Kenwood's request.
8. In accordance with the above discussion and pursuant to 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, it is ordered that the Petition for Reconsideration
filed by Kenwood Communications Corporation is denied.
9. 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.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-17846 Filed 7-21-94; 8:45 am]
BILLING CODE 6712-01-M
