The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.
No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section.
The provisions of this section shall not be applicable to carriers transporting such devices or home electronic equipment and systems without trading in them, to devices or home electronic equipment and systems manufactured solely for export, to the manufacture, assembly, or installation of devices or home electronic equipment and systems for its own use by a public utility engaged in providing electric service, or to devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof. Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the objectives of reducing interference to radio reception and to home electronic equipment and systems, taking into account the unique needs of national defense and security.
The Commission may-
47 U.S.C. § 302a
EDITORIAL NOTES
AMENDMENTS2000-Subsec. (f). Pub. L. 106-521 added subsec. (f).1996-Subsec. (e). Pub. L. 104-104 added subsec. (e).1992-Subsec. (d). Pub. L. 102-556 added subsec. (d).1982-Subsec. (a). Pub. L. 97-259, §108(a)(1), (2), inserted "(1)" after "regulations" and "; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy" after "radio communications", and substituted "or shipment of such devices and home electronic equipment and systems, and to the use of such devices" for "shipment, or use of such devices".Subsec. (b). Pub. L. 97-259, §108(a)(3), substituted "or ship devices or home electronic equipment and systems, or use devices," for "ship, or use devices".Subsec. (c). Pub. L. 97-259, §108(a)(4), inserted "or home electronic equipment and systems" after "devices" wherever appearing, inserted "and home electronic equipment and systems" after "Devices", substituted "objectives" for "common objective", and inserted "and to home electronic equipment and systems" after "reception".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECT ON OTHER LAWS Pub. L. 102-556, title IV, §403(c), Oct. 28, 1992, 106 Stat. 4195, provided that: "This section [amending this section] shall not affect section 2512(2) of title 18, United States Code."
MINIMUM PERFORMANCE STANDARDS; HOME ELECTRONIC EQUIPMENT AND SYSTEMS MANUFACTURED BEFORE SEPTEMBER 13, 1982Pub. L. 97-259, title I, §108(b), Sept. 13, 1982, 96 Stat. 1092, provided that any minimum performance standard established by the Federal Communications Commission under subsec. (a)(2) of this section would not apply to any home electronic equipment or systems manufactured before Sept. 13, 1982.