§  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 § 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 § 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]