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CITY COUNCIL AGENDA ITEM NO. 04


Meeting Date: May 22, 2001 

Subject/Title: Second Reading of an Ordinance Regulating Certain Citizens Band Radio

Submitted by: Dennis Beougher

Approved by: Jon Elam, City Manager

RECOMMENDATION 
Approve the second reading of the attached ordinance concerning violation of citizens band radio equipment not authorized by the Federal Communications Commission or operating citizens band equipment on a frequency between 24 MHz and 35 MHz. 

BACKGROUND
In November, 2000, legislation was signed that permits the enforcement of certain FCC Citizens Band regulations by state and local governments. This legislation was viewed as a way to give another enforcement power to local governments to alleviate those experiencing radio frequency interference resulting from illegal CB radio operation. Local ham radios operators lobbied for this legislation because of the bad reputation put upon them from illegal CB operators using high-power linear amplifiers that resulted in TV and telephone interference while the CB operators hid behind federal preemption. The FCC does not yield its authority to regulate Citizens Band radio or other radio services by this legislation. 

Specifically, the bill enables states and local regulation over the "use of Citizens Band radio equipment not authorized by the Commission" and "the unauthorized operation of Citizens Band radio equipment" between 24 MHz and 35MHz. FCC licensed stations are exempted from this legislation and the city's ordinance must identify this exemption.

Anyone affected by the city's enforcement can appeal to the FCC if the person believes the city has overstepped its authority under the new law. Any applicable state or local law would not preclude the FCC from enforcing regulations in a given case at the same time. The new legislation also provides that the FCC shall provide technical guidance to state and local governments regarding the detection and determination of violations.

ORDINANCE NO. 667

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONCERNING VIOLATION OF CITIZENS BAND RADIO EQUIPMENT NOT AUTHORIZED BY FEDERAL COMMUNICATIONS COMMISSION OR INAPPROPRIATE FREQUENCY

WHEREAS, federal legislation was passed in November, 2000 that amends Section 302 of the Communications Act of 1934 (47 U.S.C. 302a) by adding subsection (f) that permits state and local governments to enact a statute or ordinance that prohibits a violation of certain Federal Communications Commission ("FCC") regulations regarding unauthorized citizens band radio equipment; 

WHEREAS, the intent of this legislation was a way to give a voice to those experiencing radio frequency interference resulting from illegal CB radio operation, while not permitting the FCC to yield its authority to regulate Citizens Band or other radio services; 

WHEREAS, the City of Brentwood believes that it is appropriate to regulate illegal CB using high-power linear amplifiers that result in TV and telephone interference and to regulate as authorized by Section 302 of the Communications Act of 1934; 

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Brentwood does ordain as follows:

Chapter 9.40 is hereby added to the Brentwood Municipal Code to read the follows:

Chapter 9.38 Citizens Band Radio

9.40.010. Prohibition of Certain Citizens Band Radio. It shall be a violation of the Brentwood Municipal Code to use citizens band radio equipment not authorized by the Federal Communications Commission or the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35MHz and subject to a penalty pursuant to Brentwood Municipal Code Chapter 1.08.

9.40.020. Exempt Stations. A station that is licensed by the Federal Communications Commission pursuant to section 301 of Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this chapter. A citizens band radio equipment on board a 'commercial motor vehicle', as defined in section 31101 of title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations. 

9.40.030. Appeal. Any person subject to this chapter may submit to the Federal Communications Commission an appeal of the decision on the grounds that the city enacted this ordinance outside the authority provided by Section 302 of the Communications Act of 1934. A person shall submit his/her appeal on a city decision to Federal Communications Commission, if at all, not later than 30 days after the date which the city's decision becomes final, but prior to seeking judicial review of such decision." 

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 8th day of May 2001 by the following vote:

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