47 U.S.C. § 302a — Devices which interfere with radio reception

(a) Regulations. The FCC may make reasonable rules, when it's in the public interest, that: (1) control how much radio-frequency interference a device may cause through radiation, wiring, or other means; and (2) set minimum standards for home electronics so they resist interference from radio-frequency energy. These rules apply to making, importing, selling, offering for sale, or shipping such devices and home electronics, and to using them. (b) Restrictions. No one may make, import, sell, offer for sale, or ship a device or home electronic system, or use one, if it fails to meet the FCC's rules under this section. (c) Exceptions. This section does not apply to carriers just transporting the devices (not trading them), devices made only for export, a public utility building or installing devices for its own electric-service use, or devices for use by the U.S. government or its agencies. Government devices must instead be built, bought, or acquired under U.S. government standards designed to reduce interference, while also accounting for national defense and security needs. (d) Cellular telecommunications receivers. (1) Within 180 days after October 28, 1992, the FCC had to issue rules denying equipment approval to any scanning receiver that can (A) receive cellular phone frequencies, (B) be easily modified by the user to receive them, or (C) come with decoders that turn digital cellular signals into analog voice. (2) Starting one year after those rules took effect, no receiver with those capabilities may be made in the U.S. or imported for U.S. use. (e) Delegation of equipment testing and certification to private laboratories. The FCC may (1) let private organizations test and certify that devices meet this section's rules, (2) treat such certification as strong evidence of compliance, and (3) set whatever qualifications and standards it thinks appropriate for those organizations and their testing. (f) State and local enforcement of FCC regulations on citizens band radio equipment. (1) Except as paragraph (2) says, a state or local government may pass a law banning violations of FCC rules that either (A) bar unauthorized use of citizens band radio equipment, or (B) bar unauthorized operation of that equipment between 24 and 35 MHz. (2) A station the FCC has licensed under section 301 for that use is not subject to state or local action under this subsection; any state or local law under this subsection must say so. (3) The FCC must, as much as practical, give states and localities technical guidance on detecting these violations. (4)(A) Someone affected by a state or local enforcement decision may appeal to the FCC, arguing the state or local government exceeded its authority under this subsection. (B) The appeal must be filed within 30 days after the decision becomes final, and before going to court. (C) The FCC must decide the appeal within 180 days. (D) If the FCC finds the state or local government acted outside its authority, the FCC must preempt (override) that enforcement decision. (5) A state or local government enforcing its own law in a particular case does not stop the FCC from also enforcing its rule in that same case. (6) Nothing in this subsection limits the FCC's own authority over interference-causing devices. (7) For citizens band equipment on a "commercial motor vehicle" (as defined in 49 U.S.C. § 31101), state or local enforcement requires probable cause that the vehicle or its operator violated these rules.