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 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]