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

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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 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]

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