[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR15.121]



[Page 868-869]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 15_RADIO FREQUENCY DEVICES--Table of Contents

 

                    Subpart B_Unintentional Radiators

 

Sec.  15.121  Scanning receivers and frequency converters used with scanning 

receivers.



    (a) Except as provided in paragraph (c) of this section, scanning 

receivers and frequency converters designed or marketed for use with 

scanning receivers, shall:

    (1) Be incapable of operating (tuning), or readily being altered by 

the user to operate, within the frequency bands allocated to the 

Cellular Radiotelephone Service in part 22 of this chapter (cellular 

telephone bands). Scanning receivers capable of ``readily being altered 

by the user'' include, but are not limited to, those for which the 

ability to receive transmissions in the cellular telephone bands can be 

added by clipping the leads of, or installing, a simple component such 

as a diode, resistor or jumper wire; replacing a plug-in semiconductor 

chip; or programming a semiconductor chip using special access codes or 

an external device, such as a personal computer. Scanning receivers, and 

frequency converters designed for use with scanning receivers, also 

shall be incapable of converting digital cellular communication 

transmissions to analog voice audio.

    (2) Be designed so that the tuning, control and filtering circuitry 

is inaccessible. The design must be such that any attempts to modify the 

equipment to receive transmissions from the Cellular Radiotelephone 

Service likely will render the receiver inoperable.

    (b) Except as provided in paragraph (c) of this section, scanning 

receivers shall reject any signals from the Cellular Radiotelephone 

Service frequency bands that are 38 dB or lower based upon a 12 dB SINAD 

measurement, which is considered the threshold where a signal can be 

clearly discerned from any interference that may be present.

    (c) Scanning receivers and frequency converters designed or marketed 

for use with scanning receivers, are not subject to the requirements of 

paragraphs (a) and (b) of this section provided that they are 

manufactured exclusively for, and marketed exclusively to, entities 

described in 18 U.S.C. 2512(2), or are marketed exclusively as test 

equipment pursuant to Sec.  15.3(dd).

    (d) Modification of a scanning receiver to receive transmissions 

from Cellular Radiotelephone Service frequency bands will be considered 

to constitute manufacture of such equipment. This includes any 

individual, individuals, entity or organization that modifies one or 

more scanners. Any modification to a scanning receiver to receive 

transmissions from the Cellular Radiotelephone Service frequency bands 

voids the certification of the scanning receiver, regardless of the date 

of manufacture of the original unit. In addition, the provisions of 

Sec.  15.23 shall not be interpreted as permitting modification of a 

scanning receiver to receiver Cellular Radiotelephone Service 

transmissions.

    (e) Scanning receivers and frequency converters designed for use 

with scanning receivers shall not be assembled



[[Page 869]]



from kits or marketed in kit form unless they comply with the 

requirements in paragraph (a) through (c) of this section.

    (f) Scanning receivers shall have a label permanently affixed to the 

product, and this label shall be readily visible to the purchaser at the 

time of purchase. The label shall read as follows: WARNING: MODIFICATION 

OF THIS DEVICE TO RECEIVE CELLULAR RADIOTELEPHONE SERVICE SIGNALS IS 

PROHIBITED UNDER FCC RULES AND FEDERAL LAW.

    (1) ``Permanently affixed'' means that the label is etched, 

engraved, stamped, silkscreened, indelible printed or otherwise 

permanently marked on a permanently attached part of the equipment or on 

a nameplate of metal, plastic or other material fastened to the 

equipment by welding, riveting, or permanent adhesive. The label shall 

be designed to last the expected lifetime of the equipment in the 

environment in which the equipment may be operated and must not be 

readily detachable. The label shall not be a stick-on, paper label.

    (2) When the device is so small that it is not practicable to place 

the warning label on it, the information required by this paragraph 

shall be placed in a prominent location in the instruction manual or 

pamphlet supplied to the user and shall also be placed on the container 

in which the device is marketed. However, the FCC identifier must be 

displayed on the device.



[64 FR 22561, Apr. 27, 1999, as amended at 66 FR 32582, June 15, 2001]