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Information about the FCC's Scanner Law Notice of Inquiry Uploaded to CompuServe HamNet by Benn Kobb, KC5CW CIS: 75676,1705 MCI Mail: BKOBB Internet: bkobb@mcimail.com Packet: KC5CW@N4QQ This file contains: 1. Brief summary 2. List of FCC's 9 questions 3. How to comment to FCC This is not an exhaustive history of this Notice of Inquiry. The reader is directed to any of the fine Amateur Radio publications for complete background. From the summary information below, however, interested persons can learn enough to comment to the FCC. BRIEF SUMMARY The FCC is studying whether to pre-empt local and state "scanner laws" that may interfere with a licensed amateur's ability to have and transport radios that may receive public-safety frequencies, including police, fire, medical etc. The FCC also wants to know whether such laws impede the activities of licensees in the General Mobile Radio Service or other services. The pre-emption would only be for FCC licensees; the FCC is not examining whether to strike down the scanner laws entirely. The formal name of this proceeding is PR Docket 91-36 In the Matter of Inquiry into the Need to Preempt State and Local Laws Concerning Amateur Operator Use of Transceivers Capable of Reception Beyond the Amateur Service Frequency Allocations. The FCC has the authority to pre-empt local and state laws where it can be shown that such laws impede federal regulation of radio communications and the accomplishment of legitimate federal goals. An example of FCC pre-emption was the famous "PRB-1", where the Commission pre-empted local laws that prevent amateurs from having adequate antennas. PRB-1 is now a part of the Part 97 amateur rules. The FCC has not proposed to take any specific action. It is merely inquiring further into scanner laws after receiving some comments last year. The comments came from hams and organizations such as ARRL, Association of North American Radio Clubs, Associated Public Safety Communications Officers and the Personal Radio Steering Group. QUESTIONS Here are the questions the FCC wants the Amateur Service, and any other interested parties, to answer. They are taken directly from NOI Section III, paragraph 10: 1. Is there VHF or UHF mobile (or portable) amateur equipment now being manufactured that complies with the state and local laws in question? If so, give the purchase costs and the make and model numbers. 2. What percentage of existing VHF or UHF mobile amateur equipment has a reception capability (a) only on amateur service bands, (b) on the amateur bands plus a capability just beyond the amateur bands (within 25 kHz of the band edge), and (c) on the amateur bands plus a capability on (at the least) any of the public-safety or special emergency services channels? What are the above percentages when calculated only in the context of equipment that is currently being manufactured (as opposed to equipment that no longer is manufactured or is built by an amateur)? What are the purchase costs for such equipment? 3. What percentage of amateur operators purchase and use manufactured mobile equipment? 4. What is necessary technically for manufacturers to produce equipment that complies with the laws, and what are the associated costs? 5. What is required technically to modify amateur equipment that is capable of receiving on police radio service channels or other public safety or special emergency services channels to eliminate such reception capability, and what is the cost associated with such a modification? Does the intercategory sharing permitted in the private land mobile services and the diversity of frequency restrictions throughout the country affect the technical requirements or costs of such modifications? 6. What specific instances have occurred where the state and local laws in question have adversely affected amateur radio operation? 7. Is there a public interest in having amateur equipment available that can receive non-amateur frequencies, e.g. an interest in providing a pool of equipment that facilitates emergency operations in states where local authorities expressly desire the assistance of amateur licensees? 8. Given that the amateur radio equipment market is essentially world- wide, what would be the effect, if any, on the availability and price of amateur equipment if United States requirements were made more restrictive than those of the rest of the world? Do any other countries have restrictions on amateur radio transceiver receipt of public safety transmissions? 9. What effect do the scanner laws have on the interstate sale of amateur service equipment and the interstate transport of equipment by amateur licensees? HOW TO COMMENT Your comments are due on or before June 7, 1991. Replies to what others have commented are due on or before July 8, 1991. There are 3 ways to comment: (a) You may file informally by sending one copy of a letter. (I do not recommend this because the FCC staff can lose your letter, misunderstand it or misfile it.) (b) You may file formally by sending a SIGNED ORIGINAL plus FIVE COPIES of your comments. This is the standard way to do it. (c) If you want each Commissioner to receive a copy of your comments, send a SIGNED ORIGINAL plus NINE COPIES. This does not obligate the Commissioner to retain OR EVEN READ your comments. Tips for commenters: It's smart to include your name and callsign. Your comments MUST say "PR DOCKET 91-36" at a prominent place on the first page. Preferably this should be on every page. Without this information, your comment might not get to its proper destination. Those FCC recycling bins are big and hungry. My experience has shown that the following does not help the cause: (a) Form letters, multi-party signed petitions, etc. where it is apparent that SOMEONE ELSE has told YOU exactly what to say. (b) Smudged pages, illegibly handwritten material, or low-density computer printout. QSL cards. Pictures of your shack, spouse, pets etc. (c) Comments sent to your local FCC office, to the Private Radio Bureau, to homes of FCC staff members, or other wrong addresses. Your comments need only be addressed to: Office of the Secretary Federal Communications Commission 1919 M St. N.W. Washington, D.C. 20554 Go for it! 73 de KC5CW