This was posted in AMATEUR_RADIO:
I make no comment, except that if it is true, it is time to call our 
politicians and complain...
===
      To: All
    From: Gary Westfall
 Subject: Tauzin double cross
 Created: Wed 04 Mar 98 at 18:03
Posters note:  This bill could prohibit wide coverage ham radio
receivers.
 * Originally By: Die@die.com
 * Originally To: Gary Westfall
 * Originally Re: [FedCom] Tauzin double cross
 I just checked the Thomas server for the text of the Tauzin
bill that is scheduled to be voted on by the full House on Thursday
and unless I am mistaken it is as follows..
 The interested reader will note that this bill text includes
the "any commercial mobile service" language that was supposed to
have been taken out of the bill in the Oct 29th revision.   That 
language is still here in the version of the legislation before 
congress now.
 Needless to say, passage of this bill in its current form, which
appears assured, would end the availability of scanners for 800 mhz
frequencies because of the dual use of much of that frequency range
for commercial mobile services and public safety services.  Many think
that eliminating all frequencies used for any commercial mobile service
would make scanners impractical and useless.
 The October 29th compromise, for which everyone was congratulating
themselves and thanking the ARRL included only a ban on equipment
capable of 
"receiving transmissions in the frequencies that are allocated to the
domestic cellular radio communications service or the personal 
communications service"
 This bill does not include that language.
 There is a vast difference, and if this Bill passes and a
companion Bill is introduced in the Senate and passes there may be no
scanners sold in the US and almost certainly all trunk tracking scanners
will become instantly illegal to sell because they can tune frequencies
shared with the commercial mobile services.
 So say goodby to the hobby.... You got screwed...
-!--------------  Text of Bill on Thomas and floor of House -----------
FILE h2369.ih
          HR 2369 IH
          105th CONGRESS
          1st Session
          To amend the Communications Act of 1934 to strengthen and clarify
          prohibitions on electronic eavesdropping, and for other purposes.
                             IN THE HOUSE OF REPRESENTATIVES
                                      July 31, 1997
          Mr. TAUZIN (for himself, Mr. MARKEY, Mr. OXLEY, Mr. GILLMOR, Ms.
              ESHOO, and Ms. MCCARTHY of Missouri) introduced the following
              bill; which was referred to the Committee on Commerce
                                         A BILL
          To amend the Communications Act of 1934 to strengthen and clarify
          prohibitions on electronic eavesdropping, and for other purposes.
           [Italic->]   Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, [<-Italic]
          SECTION 1. SHORT TITLE.
            This Act may be cited as the `Wireless Privacy Enhancement Act of
          1997'.
          SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.
            (a) PROHIBITION ON MODIFICATION- Section 302(b) of the
          Communications Act of 1934 (47 U.S.C. 302(b)) is amended by
          inserting before the period at the end thereof the following: `, or
          to modify any such device, equipment, or system in any manner that
          causes such device, equipment, or system to fail to comply with 
          such regulations'.
            (b) PROHIBITION ON COMMERCE IN SCANNING RECEIVERS- Section 302(d)
          of such Act (47 U.S.C. 302(d)) is amended to read as follows:
            `(d) The Commission shall prescribe regulations denying equipment
          authorization (under part 15 of title 47, Code of Federal
          Regulations, or any other part of that title) for any scanning
          receiver that is capable of--
Note well->   `(1) receiving transmissions in the frequencies allocated to
              any commercial mobile service (as defined in section 332(d),
                `(2) readily being altered to receive transmissions in such
              frequencies,
                `(3) being equipped with decoders that convert digital
              commercial mobile service transmissions to analog voice audio, 
or
                `(4) being equipped with devices that otherwise decode
              encrypted radio transmissions for the purposes of unauthorized
              interception.'.
            (c) IMPLEMENTING REGULATIONS- Within 90 days after the date of
          enactment of this Act, the Federal Communications Commission shall
          prescribe amendments to its regulations for the purposes of
          implementing the amendments made by this section. In prescribing
          such amendments, and in response to subsequent changes in 
          technology or behavior, the Commission shall review and revise its
          definition of the term `capable of readily being altered' as
          necessary to prevent commerce in devices that may be used 
          unlawfully to intercept or divulge radio communication.
          SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.
            (a) AMENDMENTS- Section 705 of the Communications Act of 1934 (47
          U.S.C. 605) is amended--
                (1) in the heading of such section, by inserting 
              `interception or' after `unauthorized';
                (2) in the second sentence of subsection (a), by striking 
              `and divulge' and inserting `or divulge';
                (3) in subsection (e)(1)--
                    (A) by striking `fined not more than $2,000 or'; and
                    (B) by inserting `or fined under title 18, United States
                  Code,' after `6 months,'; and
                (4) in subsection (e)(3), by striking `any violation' and
              inserting `any receipt, interception, divulgence, publication,
              or utilization of any communication in violation'; and
                (5) in subsection (e)(4), by striking `any other activity
              prohibited by subsection (a)' and inserting `any receipt,
              interception, divulgence, publication, or utilization of any
              communication in violation of subsection (a)'.
            (b) RESPONSIBILITY FOR ENFORCEMENT- Notwithstanding any other
          investigative or enforcement activities of any other Federal 
          agency, the Federal Communications Commission shall investigate
          alleged violations of section 705 of the Communications Act of 1934
          (47 U.S.C. 605) and may proceed to initiate action under section 
          503 of such Act (47 U.S.C. 503) to impose forfeiture penalties with
          respect to such violation upon conclusion of the Commission's
          investigation.
Gary Westfall WA7JAN
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