Background
Interception and divulgence of radio
communications is governed by many jurisdictions, including
federal and state. Since September 11, 2001, many of the rules
have changed. Some federal and state laws make intercepting and
divulging radio communications unlawful and may subject the
violator to severe criminal penalties. The Department of Justice
has the authority to prosecute violators of these laws.
Unauthorized Publications of Communications
The FCC has the authority to interpret
Section 705 of the Communications Act – “Unauthorized
Publication of Communications.” This section generally does not
prohibit the mere interception of radio communications, although
merely intercepting radio communications may violate other
federal or state laws. This means that if you inadvertently
happen to overhear your neighbor’s cordless telephone
conversation or listen to radio transmissions on your scanner,
such as emergency service reports, you do not violate the
Communications Act.
The Communications Act also allows the
divulgence of certain types of radio transmissions. The law
specifies that there are no restrictions on the divulgence or
use of radio communications that have been transmitted for the
use of the general public. Such radio communications include
transmissions of a local radio or television broadcast station;
announcements relating to ships, aircraft, vehicles, or persons
in distress; or transmissions by amateur or citizens band radio
operators.
Section 705 prohibits a person from using
an intercepted radio communication for his or her own benefit.
One court held that, under this provision, a taxicab company may
sue its competitor for wrongfully intercepting and using for its
benefit radio communications between the company’s dispatchers
and drivers. A more recent Supreme Court decision, however,
questions the ability of the government to regulate the
disclosure of legally-obtained radio communications, and this
area of the law remains unsettled.
In addition, the courts have determined
that the act of viewing a transmission – such as a pay
television signal – that the viewer was not authorized to
receive is a “publication” and this violates Section 705.
Section 705 also prohibits the interception of satellite cable
programming for private home viewing if the programming is
either encrypted (i.e., scrambled) or is not encrypted, but is
sold through a marketing system. To legally intercept such a
transmission, you must have authorization from the programming
provider.
The Communications Act also contains
provisions that affect the manufacture of equipment used for
listening to or receiving radio transmissions, such as “scanners.”
The FCC cannot authorize scanning equipment that:
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can receive transmissions in the
frequencies allocated to domestic cellular services;
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can readily be altered by the user to
intercept cellular communications; or
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may be equipped with decoders that convert
digital transmissions to analog voice audio.
In addition, these receivers may not be
manufactured in the United States or imported for use in the
United States. FCC regulations also prohibit the sale or lease of
scanning equipment that is not authorized by the FCC.
Filing a Complaint with the FCC
If you have concerns regarding the
interception and divulgence of radio communications, you can
file a complaint with the FCC. There is no charge for filing a
complaint. You can file your complaint using the on-line
complaint Form 2000E found on the FCC Web site at
www.fcc.gov/cgb/complaints.html.
You can also file your complaint with the FCC’s Consumer Center
by e-mailing fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, S.W.
Washington, DC 20554.
What to Include in Your Complaint
The best way to provide all the information
the FCC needs to process your complaint is to complete fully the
on-line complaint Form 2000E. If you do not use the on-line
complaint Form 2000E, your complaint, at a minimum, should
indicate:
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your name, address, email address, and
phone number where you can be reached;
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name and phone number of the company
that you are complaining about; and
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any additional details of your
complaint, including time, date, and nature of the conduct
or activity you are complaining about and identifying
information for any companies, organizations, or individuals
involved.
If you have information regarding a
violation of any federal criminal statute, you should contact
your local FBI office.
For More Information
For more information on recording telephone conversations,
see the FCC’s consumer fact sheet at
www.fcc.gov/cgb/consumerfacts/recordcalls.html. For information about other
telecommunications issues, visit the FCC’s Consumer & Governmental Affairs
Bureau Web site at www.fcc.gov/cgb, or contact the FCC’s
Consumer Center using the information provided for filing a complaint. |
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