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Text File | 1990-03-20 | 170.2 KB | 3,502 lines |
- This file is Public Domain, July, 1988 -- Distribution unlimited.
- -------------------------------------
- Revision: March, 1989 (Part 2)
- -------------------------------------
- Revision: April, 1989 (Part 3)
- -------------------------------------
- Revision: December, 1988 (Part 4)
- -------------------------------------
- Revision: March, 1990 (Part 5)
- -------------------------------------
- Revision: March, 1989 (Part 6)
- -------------------------------------
-
- CONTENTS:
-
- Part 1 - Cellular phone channel construction
- Part 2 - Cellular phone frequency and cell construction
- Part 3 - The Electronic Communications Privacy Act and CMT
- Part 4 - The ECPA
- Part 5 - A lawyer's review and perspective of the ECPA
- Part 6 - Modifying two scanners for cellular reception
-
- ===============================================================================
-
- Cellular phone channel construction
-
- ===============================================================================
-
- Here is a method of determining which frequencies are used in a cellular
- system, and which ones are in what cells. If the system uses OMNICELLS, as
- most do, you can readily find all the channels in a cell if you know just
- one of them, using tables constructed with the instructions below.
-
- Cellular frequencies are assigned by channel number, and for all channel
- numbers, in both wireline and non-wireline systems, the formula is:
-
- Transmit Frequency = (channel number x .030 MHz) + 870 MHz
- Receive Frequency = (channel number x .030 Mhz) + 825 Mhz
-
- "Band A" (one of the two blocks) uses channels 1 - 333. To construct a
- table showing frequency by cells, use channel 333 as the top left corner of
- a table. The next entry to the right of channel 333 is 332, the next is
- 331, etc., down to channel 313. Enter channel 312 underneath 333, 311 under
- 332, etc. Each channel across the top row is the first channel in each CELL
- of the system; each channel DOWN from the column from the the first channel
- is the next frequency assigned to that cell. You may have noted that each
- channel down is 21 channels lower in number. Usually the data channel used
- is the highest numbered channel in a cell.
-
- "Band B" uses channels from 334 to 666. Construct your table in a similar
- way, with channel 334 in the upper left corner, 335 the next entry to the
- right. The data channel should be the lowest numbered channel in each cell
- this time.
-
- Cellular Phone Band A (Channel 1 is Data)
-
- Cell # 1
- --------------------------------------------------
- Channel 1 (333) Tx 879.990 Rx 834.990
- Channel 2 (312) Tx 879.360 Rx 834.360
- Channel 3 (291) Tx 878.730 Rx 833.730
- Channel 4 (270) Tx 878.100 Rx 833.100
- Channel 5 (249) Tx 877.470 Rx 832.470
- Channel 6 (228) Tx 876.840 Rx 831.840
- Channel 7 (207) Tx 876.210 Rx 831.210
- Channel 8 (186) Tx 875.580 Rx 830.580
- Channel 9 (165) Tx 874.950 Rx 829.950
- Channel 10 (144) Tx 874.320 Rx 829.320
- Channel 11 (123) Tx 873.690 Rx 828.690
- Channel 12 (102) Tx 873.060 Rx 828.060
- Channel 13 (81) Tx 872.430 Rx 827.430
- Channel 14 (60) Tx 871.800 Rx 826.800
- Channel 15 (39) Tx 871.170 Rx 826.170
- Channel 16 (18) Tx 870.540 Rx 825.540
-
- Cell # 2
- --------------------------------------------------
- Channel 1 (332) Tx 879.960 Rx 834.960
- Channel 2 (311) Tx 879.330 Rx 834.330
- Channel 3 (290) Tx 878.700 Rx 833.700
- Channel 4 (269) Tx 878.070 Rx 833.070
- Channel 5 (248) Tx 877.440 Rx 832.440
- Channel 6 (227) Tx 876.810 Rx 831.810
- Channel 7 (206) Tx 876.180 Rx 831.180
- Channel 8 (185) Tx 875.550 Rx 830.550
- Channel 9 (164) Tx 874.920 Rx 829.920
- Channel 10 (143) Tx 874.290 Rx 829.290
- Channel 11 (122) Tx 873.660 Rx 828.660
- Channel 12 (101) Tx 873.030 Rx 828.030
- Channel 13 (80) Tx 872.400 Rx 827.400
- Channel 14 (59) Tx 871.770 Rx 826.770
- Channel 15 (38) Tx 871.140 Rx 826.140
- Channel 16 (17) Tx 870.510 Rx 825.510
-
- Cell # 3
- --------------------------------------------------
- Channel 1 (331) Tx 879.930 Rx 834.930
- Channel 2 (310) Tx 879.300 Rx 834.300
- Channel 3 (289) Tx 878.670 Rx 833.670
- Channel 4 (268) Tx 878.040 Rx 833.040
- Channel 5 (247) Tx 877.410 Rx 832.410
- Channel 6 (226) Tx 876.780 Rx 831.780
- Channel 7 (205) Tx 876.150 Rx 831.150
- Channel 8 (184) Tx 875.520 Rx 830.520
- Channel 9 (163) Tx 874.890 Rx 829.890
- Channel 10 (142) Tx 874.260 Rx 829.260
- Channel 11 (121) Tx 873.630 Rx 828.630
- Channel 12 (100) Tx 873.000 Rx 828.000
- Channel 13 (79) Tx 872.370 Rx 827.370
- Channel 14 (58) Tx 871.740 Rx 826.740
- Channel 15 (37) Tx 871.110 Rx 826.110
- Channel 16 (16) Tx 870.480 Rx 825.480
-
- Cell # 4
- --------------------------------------------------
- Channel 1 (330) Tx 879.900 Rx 834.900
- Channel 2 (309) Tx 879.270 Rx 834.270
- Channel 3 (288) Tx 878.640 Rx 833.640
- Channel 4 (267) Tx 878.010 Rx 833.010
- Channel 5 (246) Tx 877.380 Rx 832.380
- Channel 6 (225) Tx 876.750 Rx 831.750
- Channel 7 (204) Tx 876.120 Rx 831.120
- Channel 8 (183) Tx 875.490 Rx 830.490
- Channel 9 (162) Tx 874.860 Rx 829.860
- Channel 10 (141) Tx 874.230 Rx 829.230
- Channel 11 (120) Tx 873.600 Rx 828.600
- Channel 12 (99) Tx 872.970 Rx 827.970
- Channel 13 (78) Tx 872.340 Rx 827.340
- Channel 14 (57) Tx 871.710 Rx 826.710
- Channel 15 (36) Tx 871.080 Rx 826.080
- Channel 16 (15) Tx 870.450 Rx 825.450
-
- Cell # 5
- --------------------------------------------------
- Channel 1 (329) Tx 879.870 Rx 834.870
- Channel 2 (308) Tx 879.240 Rx 834.240
- Channel 3 (287) Tx 878.610 Rx 833.610
- Channel 4 (266) Tx 877.980 Rx 832.980
- Channel 5 (245) Tx 877.350 Rx 832.350
- Channel 6 (224) Tx 876.720 Rx 831.720
- Channel 7 (203) Tx 876.090 Rx 831.090
- Channel 8 (182) Tx 875.460 Rx 830.460
- Channel 9 (161) Tx 874.830 Rx 829.830
- Channel 10 (140) Tx 874.200 Rx 829.200
- Channel 11 (119) Tx 873.570 Rx 828.570
- Channel 12 (98) Tx 872.940 Rx 827.940
- Channel 13 (77) Tx 872.310 Rx 827.310
- Channel 14 (56) Tx 871.680 Rx 826.680
- Channel 15 (35) Tx 871.050 Rx 826.050
- Channel 16 (14) Tx 870.420 Rx 825.420
-
- Cell # 6
- --------------------------------------------------
- Channel 1 (328) Tx 879.840 Rx 834.840
- Channel 2 (307) Tx 879.210 Rx 834.210
- Channel 3 (286) Tx 878.580 Rx 833.580
- Channel 4 (265) Tx 877.950 Rx 832.950
- Channel 5 (244) Tx 877.320 Rx 832.320
- Channel 6 (223) Tx 876.690 Rx 831.690
- Channel 7 (202) Tx 876.060 Rx 831.060
- Channel 8 (181) Tx 875.430 Rx 830.430
- Channel 9 (160) Tx 874.800 Rx 829.800
- Channel 10 (139) Tx 874.170 Rx 829.170
- Channel 11 (118) Tx 873.540 Rx 828.540
- Channel 12 (97) Tx 872.910 Rx 827.910
- Channel 13 (76) Tx 872.280 Rx 827.280
- Channel 14 (55) Tx 871.650 Rx 826.650
- Channel 15 (34) Tx 871.020 Rx 826.020
- Channel 16 (13) Tx 870.390 Rx 825.390
-
- Cell # 7
- --------------------------------------------------
- Channel 1 (327) Tx 879.810 Rx 834.810
- Channel 2 (306) Tx 879.180 Rx 834.180
- Channel 3 (285) Tx 878.550 Rx 833.550
- Channel 4 (264) Tx 877.920 Rx 832.920
- Channel 5 (243) Tx 877.290 Rx 832.290
- Channel 6 (222) Tx 876.660 Rx 831.660
- Channel 7 (201) Tx 876.030 Rx 831.030
- Channel 8 (180) Tx 875.400 Rx 830.400
- Channel 9 (159) Tx 874.770 Rx 829.770
- Channel 10 (138) Tx 874.140 Rx 829.140
- Channel 11 (117) Tx 873.510 Rx 828.510
- Channel 12 (96) Tx 872.880 Rx 827.880
- Channel 13 (75) Tx 872.250 Rx 827.250
- Channel 14 (54) Tx 871.620 Rx 826.620
- Channel 15 (33) Tx 870.990 Rx 825.990
- Channel 16 (12) Tx 870.360 Rx 825.360
-
- Cell # 8
- --------------------------------------------------
- Channel 1 (326) Tx 879.780 Rx 834.780
- Channel 2 (305) Tx 879.150 Rx 834.150
- Channel 3 (284) Tx 878.520 Rx 833.520
- Channel 4 (263) Tx 877.890 Rx 832.890
- Channel 5 (242) Tx 877.260 Rx 832.260
- Channel 6 (221) Tx 876.630 Rx 831.630
- Channel 7 (200) Tx 876.000 Rx 831.000
- Channel 8 (179) Tx 875.370 Rx 830.370
- Channel 9 (158) Tx 874.740 Rx 829.740
- Channel 10 (137) Tx 874.110 Rx 829.110
- Channel 11 (116) Tx 873.480 Rx 828.480
- Channel 12 (95) Tx 872.850 Rx 827.850
- Channel 13 (74) Tx 872.220 Rx 827.220
- Channel 14 (53) Tx 871.590 Rx 826.590
- Channel 15 (32) Tx 870.960 Rx 825.960
- Channel 16 (11) Tx 870.330 Rx 825.330
-
- Cell # 9
- --------------------------------------------------
- Channel 1 (325) Tx 879.750 Rx 834.750
- Channel 2 (304) Tx 879.120 Rx 834.120
- Channel 3 (283) Tx 878.490 Rx 833.490
- Channel 4 (262) Tx 877.860 Rx 832.860
- Channel 5 (241) Tx 877.230 Rx 832.230
- Channel 6 (220) Tx 876.600 Rx 831.600
- Channel 7 (199) Tx 875.970 Rx 830.970
- Channel 8 (178) Tx 875.340 Rx 830.340
- Channel 9 (157) Tx 874.710 Rx 829.710
- Channel 10 (136) Tx 874.080 Rx 829.080
- Channel 11 (115) Tx 873.450 Rx 828.450
- Channel 12 (94) Tx 872.820 Rx 827.820
- Channel 13 (73) Tx 872.190 Rx 827.190
- Channel 14 (52) Tx 871.560 Rx 826.560
- Channel 15 (31) Tx 870.930 Rx 825.930
- Channel 16 (10) Tx 870.300 Rx 825.300
-
- Cell # 10
- --------------------------------------------------
- Channel 1 (324) Tx 879.720 Rx 834.720
- Channel 2 (303) Tx 879.090 Rx 834.090
- Channel 3 (282) Tx 878.460 Rx 833.460
- Channel 4 (261) Tx 877.830 Rx 832.830
- Channel 5 (240) Tx 877.200 Rx 832.200
- Channel 6 (219) Tx 876.570 Rx 831.570
- Channel 7 (198) Tx 875.940 Rx 830.940
- Channel 8 (177) Tx 875.310 Rx 830.310
- Channel 9 (156) Tx 874.680 Rx 829.680
- Channel 10 (135) Tx 874.050 Rx 829.050
- Channel 11 (114) Tx 873.420 Rx 828.420
- Channel 12 (93) Tx 872.790 Rx 827.790
- Channel 13 (72) Tx 872.160 Rx 827.160
- Channel 14 (51) Tx 871.530 Rx 826.530
- Channel 15 (30) Tx 870.900 Rx 825.900
- Channel 16 (9) Tx 870.270 Rx 825.270
-
- Cell # 11
- --------------------------------------------------
- Channel 1 (323) Tx 879.690 Rx 834.690
- Channel 2 (302) Tx 879.060 Rx 834.060
- Channel 3 (281) Tx 878.430 Rx 833.430
- Channel 4 (260) Tx 877.800 Rx 832.800
- Channel 5 (239) Tx 877.170 Rx 832.170
- Channel 6 (218) Tx 876.540 Rx 831.540
- Channel 7 (197) Tx 875.910 Rx 830.910
- Channel 8 (176) Tx 875.280 Rx 830.280
- Channel 9 (155) Tx 874.650 Rx 829.650
- Channel 10 (134) Tx 874.020 Rx 829.020
- Channel 11 (113) Tx 873.390 Rx 828.390
- Channel 12 (92) Tx 872.760 Rx 827.760
- Channel 13 (71) Tx 872.130 Rx 827.130
- Channel 14 (50) Tx 871.500 Rx 826.500
- Channel 15 (29) Tx 870.870 Rx 825.870
- Channel 16 (8) Tx 870.240 Rx 825.240
-
- Cell # 12
- --------------------------------------------------
- Channel 1 (322) Tx 879.660 Rx 834.660
- Channel 2 (301) Tx 879.030 Rx 834.030
- Channel 3 (280) Tx 878.400 Rx 833.400
- Channel 4 (259) Tx 877.770 Rx 832.770
- Channel 5 (238) Tx 877.140 Rx 832.140
- Channel 6 (217) Tx 876.510 Rx 831.510
- Channel 7 (196) Tx 875.880 Rx 830.880
- Channel 8 (175) Tx 875.250 Rx 830.250
- Channel 9 (154) Tx 874.620 Rx 829.620
- Channel 10 (133) Tx 873.990 Rx 828.990
- Channel 11 (112) Tx 873.360 Rx 828.360
- Channel 12 (91) Tx 872.730 Rx 827.730
- Channel 13 (70) Tx 872.100 Rx 827.100
- Channel 14 (49) Tx 871.470 Rx 826.470
- Channel 15 (28) Tx 870.840 Rx 825.840
- Channel 16 (7) Tx 870.210 Rx 825.210
-
- Cell # 13
- --------------------------------------------------
- Channel 1 (321) Tx 879.630 Rx 834.630
- Channel 2 (300) Tx 879.000 Rx 834.000
- Channel 3 (279) Tx 878.370 Rx 833.370
- Channel 4 (258) Tx 877.740 Rx 832.740
- Channel 5 (237) Tx 877.110 Rx 832.110
- Channel 6 (216) Tx 876.480 Rx 831.480
- Channel 7 (195) Tx 875.850 Rx 830.850
- Channel 8 (174) Tx 875.220 Rx 830.220
- Channel 9 (153) Tx 874.590 Rx 829.590
- Channel 10 (132) Tx 873.960 Rx 828.960
- Channel 11 (111) Tx 873.330 Rx 828.330
- Channel 12 (90) Tx 872.700 Rx 827.700
- Channel 13 (69) Tx 872.070 Rx 827.070
- Channel 14 (48) Tx 871.440 Rx 826.440
- Channel 15 (27) Tx 870.810 Rx 825.810
- Channel 16 (6) Tx 870.180 Rx 825.180
-
- Cell # 14
- --------------------------------------------------
- Channel 1 (320) Tx 879.600 Rx 834.600
- Channel 2 (299) Tx 878.970 Rx 833.970
- Channel 3 (278) Tx 878.340 Rx 833.340
- Channel 4 (257) Tx 877.710 Rx 832.710
- Channel 5 (236) Tx 877.080 Rx 832.080
- Channel 6 (215) Tx 876.450 Rx 831.450
- Channel 7 (194) Tx 875.820 Rx 830.820
- Channel 8 (173) Tx 875.190 Rx 830.190
- Channel 9 (152) Tx 874.560 Rx 829.560
- Channel 10 (131) Tx 873.930 Rx 828.930
- Channel 11 (110) Tx 873.300 Rx 828.300
- Channel 12 (89) Tx 872.670 Rx 827.670
- Channel 13 (68) Tx 872.040 Rx 827.040
- Channel 14 (47) Tx 871.410 Rx 826.410
- Channel 15 (26) Tx 870.780 Rx 825.780
- Channel 16 (5) Tx 870.150 Rx 825.150
-
- Cell # 15
- --------------------------------------------------
- Channel 1 (319) Tx 879.570 Rx 834.570
- Channel 2 (298) Tx 878.940 Rx 833.940
- Channel 3 (277) Tx 878.310 Rx 833.310
- Channel 4 (256) Tx 877.680 Rx 832.680
- Channel 5 (235) Tx 877.050 Rx 832.050
- Channel 6 (214) Tx 876.420 Rx 831.420
- Channel 7 (193) Tx 875.790 Rx 830.790
- Channel 8 (172) Tx 875.160 Rx 830.160
- Channel 9 (151) Tx 874.530 Rx 829.530
- Channel 10 (130) Tx 873.900 Rx 828.900
- Channel 11 (109) Tx 873.270 Rx 828.270
- Channel 12 (88) Tx 872.640 Rx 827.640
- Channel 13 (67) Tx 872.010 Rx 827.010
- Channel 14 (46) Tx 871.380 Rx 826.380
- Channel 15 (25) Tx 870.750 Rx 825.750
- Channel 16 (4) Tx 870.120 Rx 825.120
-
- Cell # 16
- --------------------------------------------------
- Channel 1 (318) Tx 879.540 Rx 834.540
- Channel 2 (297) Tx 878.910 Rx 833.910
- Channel 3 (276) Tx 878.280 Rx 833.280
- Channel 4 (255) Tx 877.650 Rx 832.650
- Channel 5 (234) Tx 877.020 Rx 832.020
- Channel 6 (213) Tx 876.390 Rx 831.390
- Channel 7 (192) Tx 875.760 Rx 830.760
- Channel 8 (171) Tx 875.130 Rx 830.130
- Channel 9 (150) Tx 874.500 Rx 829.500
- Channel 10 (129) Tx 873.870 Rx 828.870
- Channel 11 (108) Tx 873.240 Rx 828.240
- Channel 12 (87) Tx 872.610 Rx 827.610
- Channel 13 (66) Tx 871.980 Rx 826.980
- Channel 14 (45) Tx 871.350 Rx 826.350
- Channel 15 (24) Tx 870.720 Rx 825.720
- Channel 16 (3) Tx 870.090 Rx 825.090
-
- Cell # 17
- --------------------------------------------------
- Channel 1 (317) Tx 879.510 Rx 834.510
- Channel 2 (296) Tx 878.880 Rx 833.880
- Channel 3 (275) Tx 878.250 Rx 833.250
- Channel 4 (254) Tx 877.620 Rx 832.620
- Channel 5 (233) Tx 876.990 Rx 831.990
- Channel 6 (212) Tx 876.360 Rx 831.360
- Channel 7 (191) Tx 875.730 Rx 830.730
- Channel 8 (170) Tx 875.100 Rx 830.100
- Channel 9 (149) Tx 874.470 Rx 829.470
- Channel 10 (128) Tx 873.840 Rx 828.840
- Channel 11 (107) Tx 873.210 Rx 828.210
- Channel 12 (86) Tx 872.580 Rx 827.580
- Channel 13 (65) Tx 871.950 Rx 826.950
- Channel 14 (44) Tx 871.320 Rx 826.320
- Channel 15 (23) Tx 870.690 Rx 825.690
- Channel 16 (2) Tx 870.060 Rx 825.060
-
- Cell # 18
- --------------------------------------------------
- Channel 1 (316) Tx 879.480 Rx 834.480
- Channel 2 (295) Tx 878.850 Rx 833.850
- Channel 3 (274) Tx 878.220 Rx 833.220
- Channel 4 (253) Tx 877.590 Rx 832.590
- Channel 5 (232) Tx 876.960 Rx 831.960
- Channel 6 (211) Tx 876.330 Rx 831.330
- Channel 7 (190) Tx 875.700 Rx 830.700
- Channel 8 (169) Tx 875.070 Rx 830.070
- Channel 9 (148) Tx 874.440 Rx 829.440
- Channel 10 (127) Tx 873.810 Rx 828.810
- Channel 11 (106) Tx 873.180 Rx 828.180
- Channel 12 (85) Tx 872.550 Rx 827.550
- Channel 13 (64) Tx 871.920 Rx 826.920
- Channel 14 (43) Tx 871.290 Rx 826.290
- Channel 15 (22) Tx 870.660 Rx 825.660
- Channel 16 (1) Tx 870.030 Rx 825.030
-
- Cell # 19
- --------------------------------------------------
- Channel 1 (315) Tx 879.450 Rx 834.450
- Channel 2 (294) Tx 878.820 Rx 833.820
- Channel 3 (273) Tx 878.190 Rx 833.190
- Channel 4 (252) Tx 877.560 Rx 832.560
- Channel 5 (231) Tx 876.930 Rx 831.930
- Channel 6 (210) Tx 876.300 Rx 831.300
- Channel 7 (189) Tx 875.670 Rx 830.670
- Channel 8 (168) Tx 875.040 Rx 830.040
- Channel 9 (147) Tx 874.410 Rx 829.410
- Channel 10 (126) Tx 873.780 Rx 828.780
- Channel 11 (105) Tx 873.150 Rx 828.150
- Channel 12 (84) Tx 872.520 Rx 827.520
- Channel 13 (63) Tx 871.890 Rx 826.890
- Channel 14 (42) Tx 871.260 Rx 826.260
- Channel 15 (21) Tx 870.630 Rx 825.630
-
- Cell # 20
- --------------------------------------------------
- Channel 1 (314) Tx 879.420 Rx 834.420
- Channel 2 (293) Tx 878.790 Rx 833.790
- Channel 3 (272) Tx 878.160 Rx 833.160
- Channel 4 (251) Tx 877.530 Rx 832.530
- Channel 5 (230) Tx 876.900 Rx 831.900
- Channel 6 (209) Tx 876.270 Rx 831.270
- Channel 7 (188) Tx 875.640 Rx 830.640
- Channel 8 (167) Tx 875.010 Rx 830.010
- Channel 9 (146) Tx 874.380 Rx 829.380
- Channel 10 (125) Tx 873.750 Rx 828.750
- Channel 11 (104) Tx 873.120 Rx 828.120
- Channel 12 (83) Tx 872.490 Rx 827.490
- Channel 13 (62) Tx 871.860 Rx 826.860
- Channel 14 (41) Tx 871.230 Rx 826.230
- Channel 15 (20) Tx 870.600 Rx 825.600
-
- Cell # 21
- --------------------------------------------------
- Channel 1 (313) Tx 879.390 Rx 834.390
- Channel 2 (292) Tx 878.760 Rx 833.760
- Channel 3 (271) Tx 878.130 Rx 833.130
- Channel 4 (250) Tx 877.500 Rx 832.500
- Channel 5 (229) Tx 876.870 Rx 831.870
- Channel 6 (208) Tx 876.240 Rx 831.240
- Channel 7 (187) Tx 875.610 Rx 830.610
- Channel 8 (166) Tx 874.980 Rx 829.980
- Channel 9 (145) Tx 874.350 Rx 829.350
- Channel 10 (124) Tx 873.720 Rx 828.720
- Channel 11 (103) Tx 873.090 Rx 828.090
- Channel 12 (82) Tx 872.460 Rx 827.460
- Channel 13 (61) Tx 871.830 Rx 826.830
- Channel 14 (40) Tx 871.200 Rx 826.200
- Channel 15 (19) Tx 870.570 Rx 825.570
-
- **************************************************
-
- Cellular Phone Band B (Channel 1 is Data)
-
- Cell # 1
- --------------------------------------------------
- Channel 1 (334) Tx 880.020 Rx 835.020
- Channel 2 (355) Tx 880.650 Rx 835.650
- Channel 3 (376) Tx 881.280 Rx 836.280
- Channel 4 (397) Tx 881.910 Rx 836.910
- Channel 5 (418) Tx 882.540 Rx 837.540
- Channel 6 (439) Tx 883.170 Rx 838.170
- Channel 7 (460) Tx 883.800 Rx 838.800
- Channel 8 (481) Tx 884.430 Rx 839.430
- Channel 9 (502) Tx 885.060 Rx 840.060
- Channel 10 (523) Tx 885.690 Rx 840.690
- Channel 11 (544) Tx 886.320 Rx 841.320
- Channel 12 (565) Tx 886.950 Rx 841.950
- Channel 13 (586) Tx 887.580 Rx 842.580
- Channel 14 (607) Tx 888.210 Rx 843.210
- Channel 15 (628) Tx 888.840 Rx 843.840
- Channel 16 (649) Tx 889.470 Rx 844.470
-
- Cell # 2
- --------------------------------------------------
- Channel 1 (335) Tx 880.050 Rx 835.050
- Channel 2 (356) Tx 880.680 Rx 835.680
- Channel 3 (377) Tx 881.310 Rx 836.310
- Channel 4 (398) Tx 881.940 Rx 836.940
- Channel 5 (419) Tx 882.570 Rx 837.570
- Channel 6 (440) Tx 883.200 Rx 838.200
- Channel 7 (461) Tx 883.830 Rx 838.830
- Channel 8 (482) Tx 884.460 Rx 839.460
- Channel 9 (503) Tx 885.090 Rx 840.090
- Channel 10 (524) Tx 885.720 Rx 840.720
- Channel 11 (545) Tx 886.350 Rx 841.350
- Channel 12 (566) Tx 886.980 Rx 841.980
- Channel 13 (587) Tx 887.610 Rx 842.610
- Channel 14 (608) Tx 888.240 Rx 843.240
- Channel 15 (629) Tx 888.870 Rx 843.870
- Channel 16 (650) Tx 889.500 Rx 844.500
-
- Cell # 3
- --------------------------------------------------
- Channel 1 (336) Tx 880.080 Rx 835.080
- Channel 2 (357) Tx 880.710 Rx 835.710
- Channel 3 (378) Tx 881.340 Rx 836.340
- Channel 4 (399) Tx 881.970 Rx 836.970
- Channel 5 (420) Tx 882.600 Rx 837.600
- Channel 6 (441) Tx 883.230 Rx 838.230
- Channel 7 (462) Tx 883.860 Rx 838.860
- Channel 8 (483) Tx 884.490 Rx 839.490
- Channel 9 (504) Tx 885.120 Rx 840.120
- Channel 10 (525) Tx 885.750 Rx 840.750
- Channel 11 (546) Tx 886.380 Rx 841.380
- Channel 12 (567) Tx 887.010 Rx 842.010
- Channel 13 (588) Tx 887.640 Rx 842.640
- Channel 14 (609) Tx 888.270 Rx 843.270
- Channel 15 (630) Tx 888.900 Rx 843.900
- Channel 16 (651) Tx 889.530 Rx 844.530
-
- Cell # 4
- --------------------------------------------------
- Channel 1 (337) Tx 880.110 Rx 835.110
- Channel 2 (358) Tx 880.740 Rx 835.740
- Channel 3 (379) Tx 881.370 Rx 836.370
- Channel 4 (400) Tx 882.000 Rx 837.000
- Channel 5 (421) Tx 882.630 Rx 837.630
- Channel 6 (442) Tx 883.260 Rx 838.260
- Channel 7 (463) Tx 883.890 Rx 838.890
- Channel 8 (484) Tx 884.520 Rx 839.520
- Channel 9 (505) Tx 885.150 Rx 840.150
- Channel 10 (526) Tx 885.780 Rx 840.780
- Channel 11 (547) Tx 886.410 Rx 841.410
- Channel 12 (568) Tx 887.040 Rx 842.040
- Channel 13 (589) Tx 887.670 Rx 842.670
- Channel 14 (610) Tx 888.300 Rx 843.300
- Channel 15 (631) Tx 888.930 Rx 843.930
- Channel 16 (652) Tx 889.560 Rx 844.560
-
- Cell # 5
- --------------------------------------------------
- Channel 1 (338) Tx 880.140 Rx 835.140
- Channel 2 (359) Tx 880.770 Rx 835.770
- Channel 3 (380) Tx 881.400 Rx 836.400
- Channel 4 (401) Tx 882.030 Rx 837.030
- Channel 5 (422) Tx 882.660 Rx 837.660
- Channel 6 (443) Tx 883.290 Rx 838.290
- Channel 7 (464) Tx 883.920 Rx 838.920
- Channel 8 (485) Tx 884.550 Rx 839.550
- Channel 9 (506) Tx 885.180 Rx 840.180
- Channel 10 (527) Tx 885.810 Rx 840.810
- Channel 11 (548) Tx 886.440 Rx 841.440
- Channel 12 (569) Tx 887.070 Rx 842.070
- Channel 13 (590) Tx 887.700 Rx 842.700
- Channel 14 (611) Tx 888.330 Rx 843.330
- Channel 15 (632) Tx 888.960 Rx 843.960
- Channel 16 (653) Tx 889.590 Rx 844.590
-
- Cell # 6
- --------------------------------------------------
- Channel 1 (339) Tx 880.170 Rx 835.170
- Channel 2 (360) Tx 880.800 Rx 835.800
- Channel 3 (381) Tx 881.430 Rx 836.430
- Channel 4 (402) Tx 882.060 Rx 837.060
- Channel 5 (423) Tx 882.690 Rx 837.690
- Channel 6 (444) Tx 883.320 Rx 838.320
- Channel 7 (465) Tx 883.950 Rx 838.950
- Channel 8 (486) Tx 884.580 Rx 839.580
- Channel 9 (507) Tx 885.210 Rx 840.210
- Channel 10 (528) Tx 885.840 Rx 840.840
- Channel 11 (549) Tx 886.470 Rx 841.470
- Channel 12 (570) Tx 887.100 Rx 842.100
- Channel 13 (591) Tx 887.730 Rx 842.730
- Channel 14 (612) Tx 888.360 Rx 843.360
- Channel 15 (633) Tx 888.990 Rx 843.990
- Channel 16 (654) Tx 889.620 Rx 844.620
-
- Cell # 7
- --------------------------------------------------
- Channel 1 (340) Tx 880.200 Rx 835.200
- Channel 2 (361) Tx 880.830 Rx 835.830
- Channel 3 (382) Tx 881.460 Rx 836.460
- Channel 4 (403) Tx 882.090 Rx 837.090
- Channel 5 (424) Tx 882.720 Rx 837.720
- Channel 6 (445) Tx 883.350 Rx 838.350
- Channel 7 (466) Tx 883.980 Rx 838.980
- Channel 8 (487) Tx 884.610 Rx 839.610
- Channel 9 (508) Tx 885.240 Rx 840.240
- Channel 10 (529) Tx 885.870 Rx 840.870
- Channel 11 (550) Tx 886.500 Rx 841.500
- Channel 12 (571) Tx 887.130 Rx 842.130
- Channel 13 (592) Tx 887.760 Rx 842.760
- Channel 14 (613) Tx 888.390 Rx 843.390
- Channel 15 (634) Tx 889.020 Rx 844.020
- Channel 16 (655) Tx 889.650 Rx 844.650
-
- Cell # 8
- --------------------------------------------------
- Channel 1 (341) Tx 880.230 Rx 835.230
- Channel 2 (362) Tx 880.860 Rx 835.860
- Channel 3 (383) Tx 881.490 Rx 836.490
- Channel 4 (404) Tx 882.120 Rx 837.120
- Channel 5 (425) Tx 882.750 Rx 837.750
- Channel 6 (446) Tx 883.380 Rx 838.380
- Channel 7 (467) Tx 884.010 Rx 839.010
- Channel 8 (488) Tx 884.640 Rx 839.640
- Channel 9 (509) Tx 885.270 Rx 840.270
- Channel 10 (530) Tx 885.900 Rx 840.900
- Channel 11 (551) Tx 886.530 Rx 841.530
- Channel 12 (572) Tx 887.160 Rx 842.160
- Channel 13 (593) Tx 887.790 Rx 842.790
- Channel 14 (614) Tx 888.420 Rx 843.420
- Channel 15 (635) Tx 889.050 Rx 844.050
- Channel 16 (656) Tx 889.680 Rx 844.680
-
- Cell # 9
- --------------------------------------------------
- Channel 1 (342) Tx 880.260 Rx 835.260
- Channel 2 (363) Tx 880.890 Rx 835.890
- Channel 3 (384) Tx 881.520 Rx 836.520
- Channel 4 (405) Tx 882.150 Rx 837.150
- Channel 5 (426) Tx 882.780 Rx 837.780
- Channel 6 (447) Tx 883.410 Rx 838.410
- Channel 7 (468) Tx 884.040 Rx 839.040
- Channel 8 (489) Tx 884.670 Rx 839.670
- Channel 9 (510) Tx 885.300 Rx 840.300
- Channel 10 (531) Tx 885.930 Rx 840.930
- Channel 11 (552) Tx 886.560 Rx 841.560
- Channel 12 (573) Tx 887.190 Rx 842.190
- Channel 13 (594) Tx 887.820 Rx 842.820
- Channel 14 (615) Tx 888.450 Rx 843.450
- Channel 15 (636) Tx 889.080 Rx 844.080
- Channel 16 (657) Tx 889.710 Rx 844.710
-
- Cell # 10
- --------------------------------------------------
- Channel 1 (343) Tx 880.290 Rx 835.290
- Channel 2 (364) Tx 880.920 Rx 835.920
- Channel 3 (385) Tx 881.550 Rx 836.550
- Channel 4 (406) Tx 882.180 Rx 837.180
- Channel 5 (427) Tx 882.810 Rx 837.810
- Channel 6 (448) Tx 883.440 Rx 838.440
- Channel 7 (469) Tx 884.070 Rx 839.070
- Channel 8 (490) Tx 884.700 Rx 839.700
- Channel 9 (511) Tx 885.330 Rx 840.330
- Channel 10 (532) Tx 885.960 Rx 840.960
- Channel 11 (553) Tx 886.590 Rx 841.590
- Channel 12 (574) Tx 887.220 Rx 842.220
- Channel 13 (595) Tx 887.850 Rx 842.850
- Channel 14 (616) Tx 888.480 Rx 843.480
- Channel 15 (637) Tx 889.110 Rx 844.110
- Channel 16 (658) Tx 889.740 Rx 844.740
-
- Cell # 11
- --------------------------------------------------
- Channel 1 (344) Tx 880.320 Rx 835.320
- Channel 2 (365) Tx 880.950 Rx 835.950
- Channel 3 (386) Tx 881.580 Rx 836.580
- Channel 4 (407) Tx 882.210 Rx 837.210
- Channel 5 (428) Tx 882.840 Rx 837.840
- Channel 6 (449) Tx 883.470 Rx 838.470
- Channel 7 (470) Tx 884.100 Rx 839.100
- Channel 8 (491) Tx 884.730 Rx 839.730
- Channel 9 (512) Tx 885.360 Rx 840.360
- Channel 10 (533) Tx 885.990 Rx 840.990
- Channel 11 (554) Tx 886.620 Rx 841.620
- Channel 12 (575) Tx 887.250 Rx 842.250
- Channel 13 (596) Tx 887.880 Rx 842.880
- Channel 14 (617) Tx 888.510 Rx 843.510
- Channel 15 (638) Tx 889.140 Rx 844.140
- Channel 16 (659) Tx 889.770 Rx 844.770
-
- Cell # 12
- --------------------------------------------------
- Channel 1 (345) Tx 880.350 Rx 835.350
- Channel 2 (366) Tx 880.980 Rx 835.980
- Channel 3 (387) Tx 881.610 Rx 836.610
- Channel 4 (408) Tx 882.240 Rx 837.240
- Channel 5 (429) Tx 882.870 Rx 837.870
- Channel 6 (450) Tx 883.500 Rx 838.500
- Channel 7 (471) Tx 884.130 Rx 839.130
- Channel 8 (492) Tx 884.760 Rx 839.760
- Channel 9 (513) Tx 885.390 Rx 840.390
- Channel 10 (534) Tx 886.020 Rx 841.020
- Channel 11 (555) Tx 886.650 Rx 841.650
- Channel 12 (576) Tx 887.280 Rx 842.280
- Channel 13 (597) Tx 887.910 Rx 842.910
- Channel 14 (618) Tx 888.540 Rx 843.540
- Channel 15 (639) Tx 889.170 Rx 844.170
- Channel 16 (660) Tx 889.800 Rx 844.800
-
- Cell # 13
- --------------------------------------------------
- Channel 1 (346) Tx 880.380 Rx 835.380
- Channel 2 (367) Tx 881.010 Rx 836.010
- Channel 3 (388) Tx 881.640 Rx 836.640
- Channel 4 (409) Tx 882.270 Rx 837.270
- Channel 5 (430) Tx 882.900 Rx 837.900
- Channel 6 (451) Tx 883.530 Rx 838.530
- Channel 7 (472) Tx 884.160 Rx 839.160
- Channel 8 (493) Tx 884.790 Rx 839.790
- Channel 9 (514) Tx 885.420 Rx 840.420
- Channel 10 (535) Tx 886.050 Rx 841.050
- Channel 11 (556) Tx 886.680 Rx 841.680
- Channel 12 (577) Tx 887.310 Rx 842.310
- Channel 13 (598) Tx 887.940 Rx 842.940
- Channel 14 (619) Tx 888.570 Rx 843.570
- Channel 15 (640) Tx 889.200 Rx 844.200
- Channel 16 (661) Tx 889.830 Rx 844.830
-
- Cell # 14
- --------------------------------------------------
- Channel 1 (347) Tx 880.410 Rx 835.410
- Channel 2 (368) Tx 881.040 Rx 836.040
- Channel 3 (389) Tx 881.670 Rx 836.670
- Channel 4 (410) Tx 882.300 Rx 837.300
- Channel 5 (431) Tx 882.930 Rx 837.930
- Channel 6 (452) Tx 883.560 Rx 838.560
- Channel 7 (473) Tx 884.190 Rx 839.190
- Channel 8 (494) Tx 884.820 Rx 839.820
- Channel 9 (515) Tx 885.450 Rx 840.450
- Channel 10 (536) Tx 886.080 Rx 841.080
- Channel 11 (557) Tx 886.710 Rx 841.710
- Channel 12 (578) Tx 887.340 Rx 842.340
- Channel 13 (599) Tx 887.970 Rx 842.970
- Channel 14 (620) Tx 888.600 Rx 843.600
- Channel 15 (641) Tx 889.230 Rx 844.230
- Channel 16 (662) Tx 889.860 Rx 844.860
-
- Cell # 15
- --------------------------------------------------
- Channel 1 (348) Tx 880.440 Rx 835.440
- Channel 2 (369) Tx 881.070 Rx 836.070
- Channel 3 (390) Tx 881.700 Rx 836.700
- Channel 4 (411) Tx 882.330 Rx 837.330
- Channel 5 (432) Tx 882.960 Rx 837.960
- Channel 6 (453) Tx 883.590 Rx 838.590
- Channel 7 (474) Tx 884.220 Rx 839.220
- Channel 8 (495) Tx 884.850 Rx 839.850
- Channel 9 (516) Tx 885.480 Rx 840.480
- Channel 10 (537) Tx 886.110 Rx 841.110
- Channel 11 (558) Tx 886.740 Rx 841.740
- Channel 12 (579) Tx 887.370 Rx 842.370
- Channel 13 (600) Tx 888.000 Rx 843.000
- Channel 14 (621) Tx 888.630 Rx 843.630
- Channel 15 (642) Tx 889.260 Rx 844.260
- Channel 16 (663) Tx 889.890 Rx 844.890
-
- Cell # 16
- --------------------------------------------------
- Channel 1 (349) Tx 880.470 Rx 835.470
- Channel 2 (370) Tx 881.100 Rx 836.100
- Channel 3 (391) Tx 881.730 Rx 836.730
- Channel 4 (412) Tx 882.360 Rx 837.360
- Channel 5 (433) Tx 882.990 Rx 837.990
- Channel 6 (454) Tx 883.620 Rx 838.620
- Channel 7 (475) Tx 884.250 Rx 839.250
- Channel 8 (496) Tx 884.880 Rx 839.880
- Channel 9 (517) Tx 885.510 Rx 840.510
- Channel 10 (538) Tx 886.140 Rx 841.140
- Channel 11 (559) Tx 886.770 Rx 841.770
- Channel 12 (580) Tx 887.400 Rx 842.400
- Channel 13 (601) Tx 888.030 Rx 843.030
- Channel 14 (622) Tx 888.660 Rx 843.660
- Channel 15 (643) Tx 889.290 Rx 844.290
- Channel 16 (664) Tx 889.920 Rx 844.920
-
- Cell # 17
- --------------------------------------------------
- Channel 1 (350) Tx 880.500 Rx 835.500
- Channel 2 (371) Tx 881.130 Rx 836.130
- Channel 3 (392) Tx 881.760 Rx 836.760
- Channel 4 (413) Tx 882.390 Rx 837.390
- Channel 5 (434) Tx 883.020 Rx 838.020
- Channel 6 (455) Tx 883.650 Rx 838.650
- Channel 7 (476) Tx 884.280 Rx 839.280
- Channel 8 (497) Tx 884.910 Rx 839.910
- Channel 9 (518) Tx 885.540 Rx 840.540
- Channel 10 (539) Tx 886.170 Rx 841.170
- Channel 11 (560) Tx 886.800 Rx 841.800
- Channel 12 (581) Tx 887.430 Rx 842.430
- Channel 13 (602) Tx 888.060 Rx 843.060
- Channel 14 (623) Tx 888.690 Rx 843.690
- Channel 15 (644) Tx 889.320 Rx 844.320
- Channel 16 (665) Tx 889.950 Rx 844.950
-
- Cell # 18
- --------------------------------------------------
- Channel 1 (351) Tx 880.530 Rx 835.530
- Channel 2 (372) Tx 881.160 Rx 836.160
- Channel 3 (393) Tx 881.790 Rx 836.790
- Channel 4 (414) Tx 882.420 Rx 837.420
- Channel 5 (435) Tx 883.050 Rx 838.050
- Channel 6 (456) Tx 883.680 Rx 838.680
- Channel 7 (477) Tx 884.310 Rx 839.310
- Channel 8 (498) Tx 884.940 Rx 839.940
- Channel 9 (519) Tx 885.570 Rx 840.570
- Channel 10 (540) Tx 886.200 Rx 841.200
- Channel 11 (561) Tx 886.830 Rx 841.830
- Channel 12 (582) Tx 887.460 Rx 842.460
- Channel 13 (603) Tx 888.090 Rx 843.090
- Channel 14 (624) Tx 888.720 Rx 843.720
- Channel 15 (645) Tx 889.350 Rx 844.350
- Channel 16 (666) Tx 889.980 Rx 844.980
-
- Cell # 19
- --------------------------------------------------
- Channel 1 (352) Tx 880.560 Rx 835.560
- Channel 2 (373) Tx 881.190 Rx 836.190
- Channel 3 (394) Tx 881.820 Rx 836.820
- Channel 4 (415) Tx 882.450 Rx 837.450
- Channel 5 (436) Tx 883.080 Rx 838.080
- Channel 6 (457) Tx 883.710 Rx 838.710
- Channel 7 (478) Tx 884.340 Rx 839.340
- Channel 8 (499) Tx 884.970 Rx 839.970
- Channel 9 (520) Tx 885.600 Rx 840.600
- Channel 10 (541) Tx 886.230 Rx 841.230
- Channel 11 (562) Tx 886.860 Rx 841.860
- Channel 12 (583) Tx 887.490 Rx 842.490
- Channel 13 (604) Tx 888.120 Rx 843.120
- Channel 14 (625) Tx 888.750 Rx 843.750
- Channel 15 (646) Tx 889.380 Rx 844.380
-
- Cell # 20
- --------------------------------------------------
- Channel 1 (353) Tx 880.590 Rx 835.590
- Channel 2 (374) Tx 881.220 Rx 836.220
- Channel 3 (395) Tx 881.850 Rx 836.850
- Channel 4 (416) Tx 882.480 Rx 837.480
- Channel 5 (437) Tx 883.110 Rx 838.110
- Channel 6 (458) Tx 883.740 Rx 838.740
- Channel 7 (479) Tx 884.370 Rx 839.370
- Channel 8 (500) Tx 885.000 Rx 840.000
- Channel 9 (521) Tx 885.630 Rx 840.630
- Channel 10 (542) Tx 886.260 Rx 841.260
- Channel 11 (563) Tx 886.890 Rx 841.890
- Channel 12 (584) Tx 887.520 Rx 842.520
- Channel 13 (605) Tx 888.150 Rx 843.150
- Channel 14 (626) Tx 888.780 Rx 843.780
- Channel 15 (647) Tx 889.410 Rx 844.410
-
- Cell # 21
- --------------------------------------------------
- Channel 1 (354) Tx 880.620 Rx 835.620
- Channel 2 (375) Tx 881.250 Rx 836.250
- Channel 3 (396) Tx 881.880 Rx 836.880
- Channel 4 (417) Tx 882.510 Rx 837.510
- Channel 5 (438) Tx 883.140 Rx 838.140
- Channel 6 (459) Tx 883.770 Rx 838.770
- Channel 7 (480) Tx 884.400 Rx 839.400
- Channel 8 (501) Tx 885.030 Rx 840.030
- Channel 9 (522) Tx 885.660 Rx 840.660
- Channel 10 (543) Tx 886.290 Rx 841.290
- Channel 11 (564) Tx 886.920 Rx 841.920
- Channel 12 (585) Tx 887.550 Rx 842.550
- Channel 13 (606) Tx 888.180 Rx 843.180
- Channel 14 (627) Tx 888.810 Rx 843.810
- Channel 15 (648) Tx 889.440 Rx 844.440
-
- ===============================================================================
-
- Cellular phone frequency and cell construction
-
- ===============================================================================
- __ __
- \__/C \__/D \__
- \__/G \__/A \__/
- _/D \__/E \__/F \__
- \__/B \__/C \__/
- _/F \__/G \__/A \__
- \__/D \__/E \__/
- _/A \__/B \__/C \__
- \__/ \__/ \__/
-
- This represents how a cellular system might be laid out. Cells A and B
- never share a common border. Neither do B and C, A and G, etc. Cells that
- are next to each other are never assigned adjacent frequencies. They always
- differ by at least 60 kiloHertz. To track a mobile phone as it changes
- cells, let's put the mobile in a B cell. When the mobile switches
- frequencies, you know that he could only go to an D, E, F or G cell because
- A and C have adjacent frequencies. The two tables below will help you
- determine which channel cells can go next to each other. You can contact
- your local cellular phone company and see if they have any maps of the cells
- available. This is not a sure thing, but it couldn't hurt to try.
-
- Cells that can go next to each other:
-
- Cell Compatible cells
- A C, D, E, F
- B D, E, F, G
- C E, F, G, A
- D F, G, A, B
- E G, A, B, C
- F A, B, C, D
- G B, C, D, E
-
- Here is a frequency/cell layout chart. The cell frequencies are used by the
- cell site towers, and the mobile frequencies are the input frequencies used
- by the cars.
-
- Wireline company cell frequencies (BAND B)
-
- CELL A CELL B CELL C CELL D CELL E CELL F CELL G
- ======= ======= ======= ======= ======= ======= =======
- 889.890 889.920 889.950 889.980 ─┐
- 889.680 889.710 889.740 889.770 889.800 889.830 889.860 │
- 889.470 889.500 889.530 889.560 889.590 889.620 889.650 │
- 889.260 889.290 889.320 889.350 889.380 889.410 889.440 │
- 889.050 889.080 889.110 889.140 889.170 889.200 889.230 │
- 888.840 888.870 888.900 888.930 888.960 888.990 889.020 │
- 888.630 888.660 888.690 888.720 888.750 888.780 888.810 │
- 888.420 888.450 888.480 888.510 888.540 888.570 888.600 │
- 888.210 888.240 888.270 888.300 888.330 888.360 888.390 │
- 888.000 888.030 888.060 888.090 888.120 888.150 888.180 │
- 887.790 887.820 887.850 887.880 887.910 887.940 887.970 │
- 887.580 887.610 887.640 887.670 887.700 887.730 887.760 │
- 887.370 887.400 887.430 887.460 887.490 887.520 887.550 │
- 887.160 887.190 887.220 887.250 887.280 887.310 887.340 │
- 886.950 886.980 887.010 887.040 887.070 887.100 887.130 │
- 886.740 886.770 886.800 886.830 886.860 886.890 886.920 │
- 886.530 886.560 886.590 886.620 886.650 886.680 886.710 │
- 886.320 886.350 886.380 886.410 886.440 886.470 886.500 │Voice
- 886.110 886.140 886.170 886.200 886.230 886.260 886.290 │
- 885.900 885.930 885.960 885.990 886.020 886.050 886.080 │
- 885.690 885.720 885.750 885.780 885.810 885.840 885.870 │
- 885.480 885.510 885.540 885.570 885.600 885.630 885.660 │
- 885.270 885.300 885.330 885.360 885.390 885.420 885.450 │
- 885.060 885.090 885.120 885.150 885.180 885.210 885.240 │
- 884.850 884.880 884.910 884.940 884.970 885.000 885.030 │
- 884.640 884.670 884.700 884.730 884.760 884.790 884.820 │
- 884.430 884.460 884.490 884.520 884.550 884.580 884.610 │
- 884.220 884.250 884.280 884.310 884.340 884.370 884.400 │
- 884.010 884.040 884.070 884.100 884.130 884.160 884.190 │Channels
- 883.800 883.830 883.860 883.890 883.920 883.950 883.980 │
- 883.590 883.620 883.650 883.680 883.710 883.740 883.770 │
- 883.380 883.410 883.440 883.470 883.500 883.530 883.560 │
- 883.170 883.200 883.230 883.260 883.290 883.320 883.350 │
- 882.960 882.990 883.020 883.050 883.080 883.110 883.140 │
- 882.750 882.780 882.810 882.840 882.870 882.900 882.930 │
- 882.540 882.570 882.600 882.630 882.660 882.690 882.720 │
- 882.330 882.360 882.390 882.420 882.450 882.480 882.510 │
- 882.120 882.150 882.180 882.210 882.240 882.270 882.300 │
- 881.910 881.940 881.970 882.000 882.030 882.060 882.090 │
- 881.700 881.730 881.760 881.790 881.820 881.850 881.880 │
- 881.490 881.520 881.550 881.580 881.610 881.640 881.670 │
- 881.280 881.310 881.340 881.370 881.400 881.430 881.460 │
- 881.070 881.100 881.130 881.160 881.190 881.220 881.250 │
- 880.860 880.890 880.920 880.950 880.980 881.010 881.040 │
- 880.650 880.680 880.710 880.740 880.770 880.800 880.830 ─┘
- -------------------------------------------------------------------
- 880.440 880.470 880.500 880.530 880.560 880.590 880.620 ─┐Digital
- 880.230 880.260 880.290 880.320 880.350 880.380 880.410 │Control
- 880.020 880.050 880.080 880.110 880.140 880.170 880.200 ─┘Channels
-
- Wireline company mobile frequencies (BAND B)
-
- CELL A CELL B CELL C CELL D CELL E CELL F CELL G
- ======= ======= ======= ======= ======= ======= =======
- 844.890 844.920 844.950 844.980 ─┐
- 844.680 844.710 844.740 844.770 844.800 844.830 844.860 │
- 844.470 844.500 844.530 844.560 844.590 844.620 844.650 │
- 844.260 844.290 844.320 844.350 844.380 844.410 844.440 │
- 844.050 844.080 844.110 844.140 844.170 844.200 844.230 │
- 843.840 843.870 843.900 843.930 843.960 843.990 844.020 │
- 843.630 843.660 843.690 843.720 843.750 843.780 843.810 │
- 843.420 843.450 843.480 843.510 843.540 843.570 843.600 │
- 843.210 843.240 843.270 843.300 843.330 843.360 843.390 │
- 843.000 843.030 843.060 843.090 843.120 843.150 843.180 │
- 842.790 842.820 842.850 842.880 842.910 842.940 842.970 │
- 842.580 842.610 842.640 842.670 842.700 842.730 842.760 │
- 842.370 842.400 842.430 842.460 842.490 842.520 842.550 │
- 842.160 842.190 842.220 842.250 842.280 842.310 842.340 │
- 841.950 841.980 842.010 842.040 842.070 842.100 842.130 │
- 841.740 841.770 841.800 841.830 841.860 841.890 841.920 │
- 841.530 841.560 841.590 841.620 841.650 841.680 841.710 │
- 841.320 841.350 841.380 841.410 841.440 841.470 841.500 │Voice
- 841.110 841.140 841.170 841.200 841.230 841.260 841.290 │
- 840.900 840.930 840.960 840.990 841.020 841.050 841.080 │
- 840.690 840.720 840.750 840.780 840.810 840.840 840.870 │
- 840.480 840.510 840.540 840.570 840.600 840.630 840.660 │
- 840.270 840.300 840.330 840.360 840.390 840.420 840.450 │
- 840.060 840.090 840.120 840.150 840.180 840.210 840.240 │
- 839.850 839.880 839.910 839.940 839.970 840.000 840.030 │
- 839.640 839.670 839.700 839.730 839.760 839.790 839.820 │
- 839.430 839.460 839.490 839.520 839.550 839.580 839.610 │
- 839.220 839.250 839.280 839.310 839.340 839.370 839.400 │
- 839.010 839.040 839.070 839.100 839.130 839.160 839.190 │Channels
- 838.800 838.830 838.860 838.890 838.920 838.950 838.980 │
- 838.590 838.620 838.650 838.680 838.710 838.740 838.770 │
- 838.380 838.410 838.440 838.470 838.500 838.530 838.560 │
- 838.170 838.200 838.230 838.260 838.290 838.320 838.350 │
- 837.960 837.990 838.020 838.050 838.080 838.110 838.140 │
- 837.750 837.780 837.810 837.840 837.870 837.900 837.930 │
- 837.540 837.570 837.600 837.630 837.660 837.690 837.720 │
- 837.330 837.360 837.390 837.420 837.450 837.480 837.510 │
- 837.120 837.150 837.180 837.210 837.240 837.270 837.300 │
- 836.910 836.940 836.970 837.000 837.030 837.060 837.090 │
- 836.700 836.730 836.760 836.790 836.820 836.850 836.880 │
- 836.490 836.520 836.550 836.580 836.610 836.640 836.670 │
- 836.280 836.310 836.340 836.370 836.400 836.430 836.460 │
- 836.070 836.100 836.130 836.160 836.190 836.220 836.250 │
- 835.860 835.890 835.920 835.950 835.980 836.010 836.040 │
- 835.650 835.680 835.710 835.740 835.770 835.800 835.830 ─┘
- -------------------------------------------------------------------
- 835.440 835.470 835.500 835.530 835.560 835.590 835.620 ─┐Digital
- 835.230 835.260 835.290 835.320 835.350 835.380 835.410 │Control
- 835.020 835.050 835.080 835.110 835.140 835.170 835.200 ─┘Channels
-
- ===============================================================================
-
- Non-wireline company cell frequencies (BAND A)
-
- CELL A CELL B CELL C CELL D CELL E CELL F CELL G
- ======= ======= ======= ======= ======= ======= =======
- 879.900 879.930 879.960 879.990 ─┐Digital
- 879.690 879.720 879.750 879.780 879.810 879.840 879.870 │Control
- 879.480 879.510 879.540 879.570 879.600 879.630 879.660 │Channels
- ------------------------------------- 879.390 879.420 879.450 ─┘
- 879.270 879.300 879.330 879.360 --------------------------- ─┐
- 879.060 879.090 879.120 879.150 879.180 879.210 879.240 │
- 878.850 878.880 878.910 878.940 878.970 879.000 879.030 │
- 878.640 878.670 878.700 878.730 878.760 878.790 878.820 │
- 878.430 878.460 878.490 878.520 878.550 878.580 878.610 │
- 878.220 878.250 878.280 878.310 878.340 878.370 878.400 │
- 878.010 878.040 878.070 878.100 878.130 878.160 878.190 │
- 877.800 877.830 877.860 877.890 877.920 877.950 877.980 │
- 877.590 877.620 877.650 877.680 877.710 877.740 877.770 │
- 877.380 877.410 877.440 877.470 877.500 877.530 877.560 │
- 877.170 877.200 877.230 877.260 877.290 877.320 877.350 │
- 876.960 876.990 877.020 877.050 877.080 877.110 877.140 │
- 876.750 876.780 876.810 876.840 876.870 876.900 876.930 │
- 876.540 876.570 876.600 876.630 876.660 876.690 876.720 │
- 876.330 876.360 876.390 876.420 876.450 876.480 876.510 │
- 876.120 876.150 876.180 876.210 876.240 876.270 876.300 │
- 875.910 875.940 875.970 876.000 876.030 876.060 876.090 │
- 875.700 875.730 875.760 875.790 875.820 875.850 875.880 │ Voice
- 875.490 875.520 875.550 875.580 875.610 875.640 875.670 │
- 875.280 875.310 875.340 875.370 875.400 875.430 875.460 │
- 875.070 875.100 875.130 875.160 875.190 875.220 875.250 │
- 874.860 874.890 874.920 874.950 874.980 875.010 875.040 │
- 874.650 874.680 874.710 874.740 874.770 874.800 874.830 │
- 874.440 874.470 874.500 874.530 874.560 874.590 874.620 │
- 874.230 874.260 874.290 874.320 874.350 874.380 874.410 │
- 874.020 874.050 874.080 874.110 874.140 874.170 874.200 │
- 873.810 873.840 873.870 873.900 873.930 873.960 873.990 │
- 873.600 873.630 873.660 873.690 873.720 873.750 873.780 │
- 873.390 873.420 873.450 873.480 873.510 873.540 873.570 │ Channels
- 873.180 873.210 873.240 873.270 873.300 873.330 873.360 │
- 872.970 873.000 873.030 873.060 873.090 873.120 873.150 │
- 872.760 872.790 872.820 872.850 872.880 872.910 872.940 │
- 872.550 872.580 872.610 872.640 872.670 872.700 872.730 │
- 872.340 872.370 872.400 872.430 872.460 872.490 872.520 │
- 872.130 872.160 872.190 872.220 872.250 872.280 872.310 │
- 871.920 871.950 871.980 872.010 872.040 872.070 872.100 │
- 871.710 871.740 871.770 871.800 871.830 871.860 871.890 │
- 871.500 871.530 871.560 871.590 871.620 871.650 871.680 │
- 871.290 871.320 871.350 871.380 871.410 871.440 871.470 │
- 871.080 871.110 871.140 871.170 871.200 871.230 871.260 │
- 870.870 870.900 870.930 870.960 870.990 871.020 871.050 │
- 870.660 870.690 870.720 870.750 870.780 870.810 870.840 │
- 870.450 870.480 870.510 870.540 870.570 870.600 870.630 │
- 870.240 870.270 870.300 870.330 870.360 870.390 870.420 │
- 870.030 870.060 870.090 870.120 870.150 870.180 870.210 ─┘
-
- Non-wireline company mobile frequencies (BAND A)
-
- CELL A CELL B CELL C CELL D CELL E CELL F CELL G
- ======= ======= ======= ======= ======= ======= =======
- 834.900 834.930 834.960 834.990 ─┐Digital
- 834.690 834.720 834.750 834.780 834.810 834.840 834.870 │Control
- 834.480 834.510 834.540 834.570 834.600 834.630 834.660 │Channels
- ------------------------------------- 834.390 834.420 834.450 ─┘
- 834.270 834.300 834.330 834.360 --------------------------- ─┐
- 834.060 834.090 834.120 834.150 834.180 834.210 834.240 │
- 833.850 833.880 833.910 833.940 833.970 834.000 834.030 │
- 833.640 833.670 833.700 833.730 833.760 833.790 833.820 │
- 833.430 833.460 833.490 833.520 833.550 833.580 833.610 │
- 833.220 833.250 833.280 833.310 833.340 833.370 833.400 │
- 833.010 833.040 833.070 833.100 833.130 833.160 833.190 │
- 832.800 832.830 832.860 832.890 832.920 832.950 832.980 │
- 832.590 832.620 832.650 832.680 832.710 832.740 832.770 │
- 832.380 832.410 832.440 832.470 832.500 832.530 832.560 │
- 832.170 832.200 832.230 832.260 832.290 832.320 832.350 │
- 831.960 831.990 832.020 832.050 832.080 832.110 832.140 │
- 831.750 831.780 831.810 831.840 831.870 831.900 831.930 │
- 831.540 831.570 831.600 831.630 831.660 831.690 831.720 │
- 831.330 831.360 831.390 831.420 831.450 831.480 831.510 │
- 831.120 831.150 831.180 831.210 831.240 831.270 831.300 │
- 830.910 830.940 830.970 831.000 831.030 831.060 831.090 │
- 830.700 830.730 830.760 830.790 830.820 830.850 830.880 │ Voice
- 830.490 830.520 830.550 830.580 830.610 830.640 830.670 │
- 830.280 830.310 830.340 830.370 830.400 830.430 830.460 │
- 830.070 830.100 830.130 830.160 830.190 830.220 830.250 │
- 829.860 829.890 829.920 829.950 829.980 830.010 830.040 │
- 829.650 829.680 829.710 829.740 829.770 829.800 829.830 │
- 829.440 829.470 829.500 829.530 829.560 829.590 829.620 │
- 829.230 829.260 829.290 829.320 829.350 829.380 829.410 │
- 829.020 829.050 829.080 829.110 829.140 829.170 829.200 │
- 828.810 828.840 828.870 828.900 828.930 828.960 828.990 │
- 828.600 828.630 828.660 828.690 828.720 828.750 828.780 │
- 828.390 828.420 828.450 828.480 828.510 828.540 828.570 │ Channels
- 828.180 828.210 828.240 828.270 828.300 828.330 828.360 │
- 827.970 828.000 828.030 828.060 828.090 828.120 828.150 │
- 827.760 827.790 827.820 827.850 827.880 827.910 827.940 │
- 827.550 827.580 827.610 827.640 827.670 827.700 827.730 │
- 827.340 827.370 827.400 827.430 827.460 827.490 827.520 │
- 827.130 827.160 827.190 827.220 827.250 827.280 827.310 │
- 826.920 826.950 826.980 827.010 827.040 827.070 827.100 │
- 826.710 826.740 826.770 826.800 826.830 826.860 826.890 │
- 826.500 826.530 826.560 826.590 826.620 826.650 826.680 │
- 826.290 826.320 826.350 826.380 826.410 826.440 826.470 │
- 826.080 826.110 826.140 826.170 826.200 826.230 826.260 │
- 825.870 825.900 825.930 825.960 825.990 826.020 826.050 │
- 825.660 825.690 825.720 825.750 825.780 825.810 825.840 │
- 825.450 825.480 825.510 825.540 825.570 825.600 825.630 │
- 825.240 825.270 825.300 825.330 825.360 825.390 825.420 │
- 825.030 825.060 825.090 825.120 825.150 825.180 825.210 ─┘
-
- Monitoring of the base sites is obviously going to be easier than monitoring
- the mobiles. The cell base sites are towers (usually blue) with a triangle
- shaped "head" on top, and sporting a couple of what appear to be vertical
- antennas. These base sites have a range of 3-5 miles. If you take a look
- at the honeycomb diagram, you can see how they are laid out. The cell
- transmitter is in the middle of the cell. It is possible to hear many,
- most, or all of the cells in your city, depending on your location. The
- closer you live to a boundary, the greater the chances of your being able to
- receive more cells. Due to the nature of radio signals, the actual cell
- shape is more or less round. However, the hexagon shape lends itself better
- to show how the system is laid out. With a circular coverage area, there
- will be some overlapping between adjacent cells.
-
- __ __
- \__/C \__/D \__
- \__/G \__/A \__/
- _/D \__/E \__/F \__
- \__/B \__*C \__/
- _/F \__/G \__/A \__
- \__/D \__/E \__/
- _/A \__/B \__/C \__
- \__/ \__/ \__/
-
- If, for example, you live near the asterisk (*) in the above diagram, you
- will be able go easily hear the G, C, E, and A cells you're near. Since the
- maximum _practical_ range of a cell is 3-5 miles, you'll be able to hear
- them a bit farther away. However, due to the nature of the FM transceivers
- at the cell sites (they capture only the _strongest_ signal), you should be
- able to hear all seven cells. Which _one_ of each cell you hear will depend
- on your location and the strength of the received signal. In the above
- diagram, you'll most likely hear the F cell in the upper right, rather than
- the one on the left.
-
- Mobile reception is almost a waste of time unless you have an outdoor
- antenna. And, since the mobile will be repeated on the cell site, it's
- better to listen to the cell frequencies. You may not be able to hear both
- sides of the conversation if you listen only to the mobile frequencies!!! It
- is useful, however, for determining which channel cell you're in. If you
- use the antenna that came with the scanner, mobile range will be decreased
- down to 1 or 2 miles. By checking the scanner readout against the cell list
- above (825.030-844.980 MHz), you can tell what cell the mobile is in. This
- is also useful on the cell site frequencies. If you hear someone say, "I'm
- at the corner of highway FF and 37," and you know where the cell site
- antenna is in that area, you can check the frequency listing above and
- determine what cell that antenna belongs to.
-
- ===============================================================================
-
- The Electronic Communications Privacy Act of 1986 and CMT
-
- ===============================================================================
-
- The ECPA, passed in 1986, is partly responsible for the extreme interest in
- CMT monitoring. After all, if you tell someone they can't listen to these
- phone calls, they'll immediately want to do so. "There must be _something_
- going on there that's either interesting or important. Why else would they
- want to keep us from listening?" seems to be the predominant reaction.
-
- Be assured that it is illegal under the ECPA to listen to cellular phone
- calls. This law was passed mainly to satisfy the CMT manufacturers. They
- can now tell their customers that their conversations are 'protected by
- federal law.' However, when this law was drawn up, it was obviously felt to
- be too narrow in its views, since it protected only one service. So it was
- amended to include various services, such as microwaves, some satellites,
- broadcast STL links (studio-transmitter links), and the descrambling of
- scrambled signals.
-
- However, from the very beginning, the government has shown an extremely
- bored attitude when it comes to the ECPA. There is virtually no attempt at
- enforcement, unless it's a case involving blackmail, or an overt attempt is
- being made to provide radios with CMT-specific frequencies. In the latter
- case, a dealer was modifying the radios he was selling. After a government
- visit, he agreed not to modify the radios, but he was allowed to include
- instructions on how to make the modification. With the Pro-2005 and
- Pro-2005, this consists of opening the radio and clipping one diode, an
- operation that takes all of 15 minutes, including disassembly.
-
- What does all this mean? You can receive any frequency you wish. There is
- literally no way to tell what you're listening to in the privacy of your
- home. Your scanner (as well as EVERY radio) _does_ transmit an extremely
- small amount of RF energy from the local oscillator, but unless the radio is
- in very bad shape, that energy won't go past 40 or 50 feet. The "gummint"
- would have to drive around in detection vans with beam antennas, and with
- 100,000 scanner owners, it's an extremely good bet that they're not even
- going to consider thinking about the merest possibility that someone might
- put this idea forward to be comtemplated. They've got more important stuff
- to worry about. What it comes down to is this: listen to whatever you want
- to, but don't divulge it or use the information for personal or illegal
- gain. That will get you into deep doo-doo in double-quick time.
-
- Most people have the opinion that if it's unscrambled, and it's passing
- freely through their home and body, that they have the right to receive it.
- This sounds like good solid thinking. The laws of this land provide for
- just compensation to individuals. Perhaps a few bills to CMT companies for
- transmission rights would help to remove this silly law from the books.
-
- ===============================================================================
-
- The Electronic Communications Privacy Act of 1986
-
- ===============================================================================
-
- February 2, 1987
-
-
- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
-
- PART I. CRIMES
-
- Chapter Sec.
- * * *
- General provisions............................................. 1
- * * *
- 119. Wire and electronic communications interception and
- interception of oral communications................. 2510
- * * *
- 121. Stored Wire and Electronic Communications and Transactional
- Records Access...................................... 2701
- * * *
-
-
- PART II. CRIMINAL PROCEDURE
-
- 201. General provisions.................................. 3001
- * * *
- 206. Pen Registers and Trap and Trace Devices............ 3121
- * * *
-
-
- CHAPTER 65 - MALICIOUS MISCHIEF
-
- Sec.
- * * *
- 1367. Interference with the operation of a satellite.
- * * *
-
- { 1367. Interference with the operation of a satellite
-
- (a) Whoever, without the authority of the satellite operator,
- intentionally or maliciously interferes with the authorized operation of a
- communications or weather satellite or obstructs or hinders any satellite
- transmission shall be fined in accordance with this title or imprisoned not
- more than ten years of both.
-
- (b) This section does not prohibit any lawfully authorized
- investigative, protective, or intelligence activity of a law enforcement
- agency or of an intelligence agency of the United States.
-
- * * *
- CHAPTER 109 - SEARCHES AND SEIZURES
- * * *
-
- { 2232. Destruction or removal of property to prevent seizure
-
- (a) Physical Interference With Search. -- Whoever, before, during, or
- after seizure of any property by any person authorized to make searches and
- seizures, in order to prevent the seizure or securing of any goods, wares,
- or merchandise by such person, staves, breaks, throws overboard, destroys,
- or removes the same, shall be fined not more than $10,000 or imprisoned more
- than five years, or both.
-
- (b) Notice of Search. -- Whoever, having knowledge that any person
- authorized to make searches and seizures has been authorized or is otherwise
- likely to make a search or seizure, in order to prevent the authorized
- seizing or securing of any per- son, goods, wares, merchandise or other
- property, gives notice or attempts to give notice of the possible search or
- seizure to any person shall be fined not more than $100,000 or imprisoned
- not more than five years, or both.
-
- (c) Notice of Certain Electronic Surveillance. -- Whoever, having
- knowledge that a Federal investigative or law enforcement officer has been
- authorized or has applied for authorization under chapter 119 to intercept a
- wire, oral, or electronic communication, in order to obstruct, impede, or
- prevent such interception, gives notice or attempts to give notice of the
- possible interception to any person shall be fined under this title or
- imprisoned not more than five years, or both.
-
- Whoever, having knowledge that a Federal officer has been
- authorized or has applied for authorization to conduct electronic
- surveillance under the Foreign Intelligence Surveillance Act (50 U.S.C.
- 1801, et seq.), in order to obstruct, impede, or prevent such activity,
- gives notice or attempts to give notice of the possible activity to any
- person shall be fined under this title or imprisoned not more than five
- years, or both.
-
- * * *
-
- CHAPTER 119 -- WIRE AND ELECTRONIC COMMUNICATIONS
- INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-
- Sec.
- 2510. Definitions.
-
- 2511. Interception and disclosure of wire or oral communications
- prohibited.
-
- 2512. Manufacture, distribution, possession, and advertising of
- wire or oral communication intercepting devices
- prohibited.
-
- 2513. Confiscation of wire, oral, or electronic communication
- intercepting devices.
-
- 2514. Immunity of witnesses.
-
- 2515. Prohibition of use as evidence of intercepted wire, oral,
- or electronic communications.
-
- 2516. Authorization for interception of wire, oral, or electronic
- communications.
-
- 2517. Authorization for disclosure and use of intercepted wire,
- oral, or electronic communications.
-
- 2518. Procedure for interception of wire, oral, or electronic
- communications.
-
- 2519. Reports concerning intercepted wire, oral or electronic
- communications.
-
- 2520. Recovery of civil damages authorized.
-
- 2521. Injunction against illegal interception.
-
-
- { 2510. Definitions
-
- As used in this chapter --
-
- (1) "wire communication" means any aural transfer made in whole
- or in part through the use of facilities for the transmission of
- communications by the aid of wire, cable, or other like connection
- between the point of origin and the point of reception (including the
- use of such connection in a switching station) furnished or operated by
- any person engaged in providing or operating such facilities for the
- transmission of interstate or foreign communications or communications
- affecting interstate or foreign commerce and such term includes any
- electronic storage of such communication, but such term does not
- include the radio portion of a cordless telephone communication that is
- transmitted between the cordless telephone handset and the base unit;
-
- (2) "oral communication" means any oral communication uttered by
- a person exhibiting an expectation that such communication is not
- subject to interception under circumstances justifying such
- expectation, but such term does not include any electronic
- communication;
-
- * * *
-
- (4) "intercept" means the aural or other acquisition of the
- contents of any wire, electronic, or oral communication through the use
- of any electronic, mechanical, or other device.
-
- (5) "electronic mechanical, or other device" means any device or
- apparatus which can be used to intercept a wire, oral, or electronic
- communication other than --
-
-
- (a) any telephone or telegraph instrument, equipment or
- facility, or any component thereof, (i) furnished to the
- subscriber or user by a provider of wire or electronic
- communication service in the ordinary course of its business and
- being used by the subscriber or user in the ordinary course of its
- business or furnished by such subscriber or user for connection to
- the facilities of such service and used in the ordinary course of
- its business; or (ii) being used by a communications common
- carrier in the ordinary course of its business, or by an
- investigative or law enforcement officer in the ordinary course of
- his duties;
-
- * * *
-
- (8) "contents", when used with respect to any wire, oral, or
- electronic communication, includes any information concerning the
- substance, purport, or meaning of that communication;
-
- (9) "Judge of competent jurisdiction" means --
-
- (a) a judge of a United States district court or a United
- States court of appeals; and
-
- (b) a judge of any court of general criminal jurisdiction of
- a State who is authorized by a statute of that State to enter
- orders authorizing interceptions of wire, oral, or electronic
- communications;
-
- (10) "communication common carrier" shall have the same meaning
- which is given the term "common carrier" by section 153(h) of title 47
- of the United States Code;
-
- (11) "aggrieved person" means a person who was a party to any
- intercepted wire, oral, or electronic communication or a person against
- whom the interception was directed;
-
- (12) "electronic communication" means any transfer of signs,
- signals, writing, images, sounds, data, or intelligence of any nature
- transmitted in whole or in part by a wire, radio, electromagnetic,
- photoelectronic or photo optical system that affects interstate or
- foreign commerce, but does not include --
-
- (A) the radio portion of a cordless telephone communication
- that is transmitted between the cordless telephone handset and the
- base unit;
-
- (B) any wire or oral communication;
-
- (C) any communication made through a tone-only paging
- device; or
-
- (D) any communication from a tracking device (as defined in
- section 3117 of this title);
-
- (13) "user" means any person or entity who --
-
- (A) uses an electronic communication service; and
-
- (B) is duly authorized by the provider of such service to
- engage in such use;
-
- (14) "electronic communications system" means any wire, radio,
- electromagnetic, photooptical or photoelectronic facilities for the
- transmission of electronic communications, and any computer facilities
- or related electronic equipment for the electronic storage of such
- communications;
-
- (15) "electronic communication service" means any service which
- provides to users thereof the ability to send or receive wire or
- electronic communications;
-
- (16) "readily accessible to the general public" means, with
- respect to a radio communication, that such communication is not --
-
- (A) scrambled or encrypted;
-
- (B) transmitted using modulation techniques whose essential
- parameters have been withheld from the public with the intention
- of preserving the privacy of such communication;
-
- (C) carried on a subcarrier or other signal subsidiary to a
- radio transmission;
-
- (D) transmitted over a communication system provided by a
- common carrier, unless the communication is a tone only paging
- system communication; or
-
- (E) transmitted on frequencies allocated under part 25,
- subpart D, E, or F of part 74, or part 94 of the Rules of the
- Federal Communications Commission, unless, in the case of a
- communication transmitted on a frequency allocated under part 74
- that is not exclusively allocated to broadcast auxiliary services,
- the communication is a two-way voice communication by radio;
-
-
- (17) "electronic storage" means --
-
- (A) any temporary, intermediate storage of a wire or
- electronic communication incidental to the electronic transmission
- thereof; and
-
- (B) any storage of such communication by an electronic
- communication service for purposes of backup protection of such
- communication; and
-
- (18) "aural transfer" means a transfer containing the human voice
- at any point between and including the point of origin and the point of
- reception.
-
-
- { 2511. Interception and disclosure of wire or oral
- communications prohibited
-
- (1) Except as otherwise specifically provided in this chapter any
- person who--
-
- (a) intentionally intercepts, endeavors to intercept, or procures
- any other person to intercept or endeavor to intercept, any wire, oral,
- or electronic communication;
-
- (b) intentionally uses, endeavors to use, or procures any other
- person to use or endeavor to use any electronic, mechanical, or other
- device to intercept any oral communication when --
-
- (i) such device is affixed to, or otherwise transmits a
- signal through, a wire, cable, or other like connection used in
- wire communication; or
-
- (ii) such device transmits communications by radio, or
- interferes with the transmission of such communication; or
-
- (iii) such person knows, or has reason to know, that such
- device or any component thereof has been sent through the mail or
- transported in interstate or foreign commerce; or
-
- (iv) such use or endeavor to use (A) takes place on the
- premises of any business or other commercial establishment the
- operations of which affect interstate or foreign commerce; or (B)
- obtains or is for the purpose of obtaining information relating to
- the operations of any business or other commercial establishment
- the operations of which affect interstate or foreign commerce; or
-
- (v) such person acts in the District of Columbia, the
- Commonwealth of Puerto Rico, or any territory or possession of the
- United States;
-
- (c) intentionally discloses, or endeavors to disclose, to any
- other person the contents of any wire, oral, or electronic
- communication, knowing or have reason to know that the information was
- obtained through the interception of a wire oral, or electronic
- communication in violation of this subsection; or
-
- (d) intentionally uses, or endeavors to use, the contents of any
- wire, oral, or electronic communication, knowing or having reason to
- know that the information was obtained through the interception of a
- wire, oral, or electronic communication in violation of this
- subsection; shall be punished as provided in subsection (4) or shall be
- subject to suit as provided in subsection (5).
-
- (2)(a)(i) It shall not be unlawful under this chapter for an operator
- of a switchboard, or an officer, employee, or agent of a provider of wire or
- electronic communication service, whose facilities are used in the
- transmission of a wire communication, to intercept, disclose, or use that
- communication in the normal course of his employment while engaged in any
- activity which is a necessary incident to the rendition of his service or to
- the protection of the rights or property of the provider of that service,
- except that a provider of wire communication service to the public shall not
- utilize service observing or random monitoring except for mechanical or
- service quality control checks.
-
- (ii) Notwithstanding any other law, providers of wire or electronic
- communication service, their officers, employees, and agents, landlords,
- custodians, or other persons, are authorized to provide information
- facilities, or technical assistance to persons authorized by law to
- intercept wire, oral, or electronic communications or to conduct electronic
- surveillance, as defined in section 101 of the Foreign Intelligence
- Surveillance Act of 1978, if such provider its officers, employees, or
- agents, land- lord, custodian, or other specified person has been provided
- with --
-
- (A) a court order directing such assistance signed by the
- authorizing judge, or
-
- (B) a certification in writing by a person specified in section
- 2518(7) of this title or the Attorney General of the United States that
- no warrant or court order is required by law, that all statutory
- requirements have been met, and that the specified assistance is
- required.
-
- setting forth the period of time during which the provision of the
- information, facilities, or technical assistance is authorized and
- specifying the information, facilities, or technical assistance required.
- No provider of wire or electronic communication service officer, employee,
- or agent thereof, or landlord, custodian, or other specified person shall
- disclose the existence of any interception or surveillance of the device
- used to accomplish the interception or surveillance with respect to which
- the person has been furnished an order or certification under this
- subparagraph, except as may otherwise be required by legal process and then
- only after prior notification to the Attorney General or to the principal
- prosecuting attorney of a State or any political subdivision of a State, as
- may be appropriate. Any such disclosure, shall render such person liable
- for the civil damages provided for in section 2520. No cause of action
- shall lie in any court against any provider of wire or electronic
- communication service its officers, employees, or agents, landlord,
- custodian, or other specified person for providing information, facilities,
- or assistance in accordance with the terms of a court order or certification
- under this chapter.
-
- (b) It shall not be unlawful under this chapter for an officer,
- employee, or agent of the Federal Communications Commission, in the normal
- course of his employment and in discharge of the monitoring responsibilities
- exercised by the Commission in the enforcement of chapter 5 of title 57 of
- the United States Code, to intercept a wire or electronic communication, or
- oral communication transmitted by radio, or to disclose or use the
- information thereby obtained.
-
- (c) It shall not be unlawful under this chapter for a person acting
- under color of law to intercept a wire, oral, or electronic communication,
- where such person is a party to the communication or one of the parties to
- the communication has given prior consent to such interception.
-
- (d) It shall not be unlawful under this chapter for a person not
- acting under color of law to intercept a wire, oral, or electronic
- communication where such person is a party to the communication or where one
- of the parties to the communication has given prior consent to such
- interception unless such communication is intercepted for the purpose of
- committing any criminal or tortious act in violation of the Constitution or
- laws of the United States or of any State.
-
- (e) Notwithstanding any other provision of this title or section 705
- or 706 of the Communications Act of 1934, it shall not be unlawful for an
- office, employee, or agent of the United States in the normal course of his
- official duty to conduct electronic surveillance, as defined in section 101
- of the Foreign Intelligence Surveillance Act of 1978, as authorized by that
- Act.
-
-
- (f) Nothing contained in this chapter or chapter 121, or section 705
- of the Communications Act of 1934, shall be deemed to affect the acquisition
- by the United States Government of foreign intelligence information from
- international or foreign communication, or foreign intelligence activities
- conducted in accordance with otherwise applicable Federal law involving a
- foreign electronic communications system, utilizing a means other than
- electronic surveillance as defined in section 101 of the Foreign
- Intelligence Surveillance Act of 1978, and procedures in this chapter and
- the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive
- means by which electronic surveillance, as defined in section 101 of such
- Act, and the interception of domestic wire and oral communications may be
- conducted.
-
- (g) It shall not be unlawful under this chapter or chapter 121 of this
- title for any person --
-
- (i) to intercept or access an electronic communication made
- through an electronic communication system that is configured so that
- such electronic communication is readily accessible to the general
- public;
-
- (ii) to intercept any radio communication which is transmitted --
-
- (I) by any station for the use of the general public, or
- that relates to ships, aircraft, vehicles, or persons in distress;
-
- (II) by any governmental, law enforcement, civil defense
- private land mobile, or public safety communications system,
- including police and fire, readily accessible to the general
- public;
-
- (III) by a station operating on an authorized frequency
- within the bands allocated to the amateur, citizens band, or
- general mobile radio services; or
-
- (IV) by any marine or aeronautical communications system;
-
- (iii) to engage in any conduct which --
-
- (I) is prohibited by section 633 of the Communications Act
- of 1934; or
-
- (II) is excepted from the application of section 705(a) of
- the Communications Act of 1934 by section 705(b) of that Act;
-
- (iv) to intercept any wire or electronic communication the
- transmission of which is causing harmful interference to any lawfully
- operating station or consumer electronic equipment, to the extent
- necessary to identify the source of such interference; or
-
- (v) for other users of the same frequency to intercept any radio
- communication made through a system that utilizes frequencies monitored
- by individuals engaged in the provision or the use of such system, if
- such communication is not scrambled or encrypted.
-
- (h) It shall not be unlawful under this chapter --
-
- (i) to use a pen register or a trap and trace device (as those
- terms are defined for the purposes of chapter 206 (relating to pen
- registers and trap and trace devices) of this title); or
-
- (ii) for a provider of electronic communication service to record
- the fact that a wire or electronic communication was initiated or
- completed in order to protect such provider, another provider
- furnishing service toward the completion of the wire or electronic
- communication, or a user of that service, from fraudulent, unlawful or
- abusive use of such service.
-
- (3)(a) Except as provided in paragraph (b) of this subsection a
- person or entity providing an electronic communication service to the public
- shall not intentionally divulge the contents of any communication (other
- than one to such person or entity, or an agent thereof) while in
- transmission on that service to any person or entity other than an addressee
- or intended recipient of such communication or an agent of such addressee or
- intended recipient.
-
- (b) A person or entity providing electronic communication service to
- the public may divulge the contents of any such communication --
-
- (i) as otherwise authorized in section 2511(2)(a) or 2517 of this
- title;
-
- (ii) with the lawful consent of the originator or any addressee
- or intended recipient of such communication;
-
- (iii) to a person employed or authorized, or whose facilities are
- used, to forward such communication to its destination; or
-
- (iv) which were inadvertently obtained by the service provider
- and which appear to pertain to the commission of a crime, if such
- divulgence is made to a law enforcement agency.
-
- (4)(a) Except as provided in paragraph (b) of this subsection or in
- subsection (5), whoever violates subsection (1) of this section shall be
- fined under this title or imprisoned not more than five years, or both.
-
- (b) If the offense is a first offense under paragraph (a) of this
- subsection and is not for a tortious or illegal purpose or for purposes of
- direct or indirect commercial advantage or private commercial gain, and the
- wire or electronic communication with respect to which the offense under
- paragraph (a) is a radio communication that is not scrambled or encrypted,
- then --
-
- (i) If the communication is not the radio portion of a cellular
- telephone communication, a public land mobile radio service
- communication or a paging service communication, and the conduct is not
- that described in subsection (5), the offender shall be fined under
- this title or imprisoned not more than one year, or both, and
-
- (ii) if the communication is the radio portion of a cellular
- telephone communication, a public land mobile radio service
- communication or a paging service communication, the offender shall be
- fined not more than $500.
-
- (c) Conduct otherwise an offense under this subsection that consists
- of or relates to the interception of a satellite transmission that is not
- encrypted or scrambled and that is transmitted --
-
- (i) to a broadcasting station for purposes of retransmission to
- the general public; or
-
- (ii) as an audio subcarrier intended for redistribution to
- facilities open to the public, but not including data transmissions or
- telephone calls,
-
- is not an offense under this subsection unless the conduct is for the
- purposes of direct or indirect commercial advantage or private financial
- gain.
-
- (5)(a)(i) If the communication is --
-
- (A) a private satellite video communication that is not scrambled
- or encrypted and the conduct in violation of this chapter is the
- private viewing of that communication and is not for a tortious or
- illegal purpose or for purposes of direct or indirect commercial
- advantage or private commercial gain; or
-
- (B) a radio communication that is transmitted on frequencies
- allocated under subpart D of part 74 of the rules of the Federal
- Communications Commission that is not scrambled or encrypted and the
- conduct in violation of this chapter is not for a tortious or illegal
- purpose or for purposes of direct or indirect commercial advantage or
- private commercial gain.
-
- then the person who engages in such conduct shall be subject to suit by the
- Federal Government in a court of competent jurisdiction.
-
- (ii) In an action under this subsection --
-
- (A) if the violation of this chapter is a first offense for the
- person under paragraph (a) of subsection (4) and such person has not
- been found liable in a civil action under section 2520 of this title,
- the Federal Government shall be entitled to appropriate injunctive
- relief; and
-
- (B) if the violation of this chapter is a second or subsequent
- offense under paragraph (a) of subsection (4) or such person has been
- found liable in any prior civil action under section 2520, the person
- shall be subject to a mandatory $500 civil fine.
-
- (b) The court may use any means within its authority to enforce an
- injunction issued under paragraph (ii)(A), and shall impose a civil fine of
- not less than $500 for each violation of such an injunction,
-
-
- { 2512. Manufacture, distribution, possession, and advertising of wire
- or oral communication intercepting devices prohibited
-
- (1) Except as otherwise specifically provided in this chapter, any
- person who intentionally --
-
- (a) sends through the mail, or sends or carriers in interstate or
- foreign commerce, any electronic, mechanical, or other device, knowing
- or having reason to know that the design of such device renders it
- primarily useful for the purpose of the surreptitious interception of
- wire, oral, or electronic communications;
-
- (b) manufacturers, assembles, possesses, or sells any electronic,
- mechanical, or other device, knowing or having reason to know that the
- design of such device renders it primarily useful for the purpose of
- the surreptitious interception of wire, oral, or electronic
- communications, and that such device or any component thereof has been
- or will be sent through the mail or transported in interstate or
- foreign commerce; or
-
- (c) places in any newspaper, magazine, handbill, or other
- publication any advertisement of--
-
- (i) any electronic, mechanical, or other device knowing or
- having reason to know that the design of such device renders it
- primarily useful for the purpose of the surreptitious interception
- of wire, oral, or electronic communications; or
-
- (ii) any other electronic, mechanical, or other device, where
- such advertisement promotes the use of such device for the purpose
- of the surreptitious interception of wire, oral, or electronic
- communications,
-
- knowing or having reason to know that such advertisement will be sent
- through the mail or transported in interstate or foreign commerce,
-
- shall be fined not more than $10,000 or imprisoned not more than five years,
- or both.
-
- (2) It shall not be unlawful under this section for-
-
- (a) a provider of wire or electronic communication service or an
- officer, agent, or employee of, or a person under contract with, such a
- provider, in the normal course of the business of providing that wire
- or electronic communication service, or
-
- (b) an officer, agent, or employee of, or a person under contract
- with, the United States, a State, or a political subdivision thereof,
- in the normal course of the activities of the United States, a State,
- or a political subdivision thereof, to send through the mail, send or
- carry in interstate or foreign commerce, or manufacture, assemble,
- possess, or sell any electronic, mechanical, or other device knowing or
- having reason to know that the design of such device renders it
- primarily useful for the purpose of the surreptitious interception of
- wire, oral, or electronic communications.
-
- { 2513. Confiscation of wire, oral, or electronic communication
- intercepting devices
-
- Any electronic, mechanical, or other device used, sent, carried,
- manufactured, assembled, possessed, sold, or advertised in violation of
- section 2511 or section+ 2512 of this chapter may be seized and forfeited to
- the United States. All provisions of law relating to (1) the seizure,
- summary and judicial forfeiture, and condemnation of vessels, vehicles,
- merchandise, and baggage for violations of the customs laws contained in
- title 19 of the United States Code, (2) the disposition of such vessels, -
- vehicles, merchandise, and baggage or the proceeds from the sale thereof,
- (3) the remission or mitigation of such forfeiture, (4) the compromise of
- claims, and (5) the award of compensation to informers in respect of such
- forfeitures, shall apply to seizures and forfeitures incurred, or alleged to
- have been incurred, under the provisions of this section, insofar as
- applicable and not inconsistent with the provisions of this section; except
- that such duties as are imposed upon the collector of customs or any other
- person with respect to the seizure and forfeiture of vessels, vehicles,
- merchandise, and baggage under the provisions of the customs laws contained
- in title 19 of the United States Code shall be performed with respect to
- seizure and forfeiture of electronic, mechanical, or other intercepting
- devices under this section by such officers, agents, or other persons as may
- be authorized or designated for that purpose of the Attorney General.
-
- { 2515. Prohibition of use as evidence of intercepted wire, oral, or
- electronic communications
-
- Whenever any wire, oral, or electronic communications has been
- intercepted, no part of the contents of such communication and no evidence
- derived therefrom may be received in evidence in any trial, hearing, or
- other proceeding in or before any court, grand jury, department, officer,
- agency, regulatory body, legislative committee, or other authority of the
- United States, a State, or a political subdivision thereof if the disclosure
- of that information would be in violation of this chapter.
-
-
- { 2516. Authorization for interception of wire, oral, or electronic
- communications
-
- (1) The Attorney General, Deputy Attorney General, Associate Attorney
- General, any Assistant Attorney General, any acting Assistant Attorney
- General, or any Deputy Assistant Attorney General in the Criminal Division
- specially designated by the Attorney General, may authorize an application
- to a Federal judge of competent jurisdiction for, and such judge may grant
- in conformity with section 2518 of this chapter an order authorizing or
- approving the interception of wire of oral communications by the Federal
- Bureau of Investigation, or a Federal agency having responsibility for the
- investigation of the offense as to which the application is made, when such
- interception may provide or has provided evidence of-
-
- (a) any offense punishable by death or by imprisonment for more
- than one year under sections 2274 through 2277 of title 42 of the
- United States Code (relating to the enforcement of the Atomic Energy
- Act of 1954), section 2284 of title 42 of the United States Code
- (relating to sabotage of nuclear facilities or fuel), or under the
- following chapters of this title: chapter 37 (relating to espionage),
- chapter 105 (relating to sabotage), chapter 115 (relating to treason),
- chapter 192 (relating to riots), chapter 65 (relating to malicious
- matter mischief), chapter 111 (relating to destruction of vessels), or
- chapter 81 (relating to piracy);
-
- (b) a violation of section 186 or section 501(c) of title 29,
- United States Code (dealing with restrictions on payments and loans to
- labor organizations), or any offense which involves murders,
- kidnapping, robbery, or extortion, and which is punishable under this
- title;
-
- c) any offense which is punishable under the following section
- of this title: section 201 (bribery of public officials and
- witnesses), section 224 (bribery in sporting contests), subsection (d),
- (e), (f), (g), (h), or (i) of section 844 (unlawful use of explosives),
- section 1084 (transmission of wagering information), section 751
- (relating to escape), sections 1503, 1512, and 1513 (influencing or
- injuring an officer, juror, or witness generally), section 1510
- (obstruction of criminal investigations), section 1511 (obstruction of
- State or local law enforcement), section 1751 (Presidential and
- Presidential staff assassination, kidnapping, and assault), section
- 1951 (interference with commerce by threats or violence), section 1952
- (interstate and foreign travel or transportation in aid of racketeering
- enterprises), section 1952A (relating to use of interstate commerce
- facilities in the commission of murder for hire), section 1952B
- (relating to violent crimes in aid of racketeering activity), section
- 1954 (offer acceptance, or solicitation to influence operations of
- employee benefit plan), section 1955 (prohibition of business
- enterprises of gambling), section 659 (theft from interstate shipment),
- section 664 (embezzlement from pension and welfare funds), section 1343
- (fraud by wire, radio, or television), section 2252 or 2253 (sexual
- exploitation of children), Section 2251 and 2252 (sexual exploitation
- of children), section 2312, 2313, 2314, and 2315 (interstate
- transportation of stolen property), the second section 2320 (relating
- to trafficking in certain motor vehicles or motor vehicle parts),
- section 1203 (relating to hostage taking), section 1029 (relating to
- fraud and related activity in connection with access devices), section
- 3146 (relating to penalty for failure to appear), section 3521(b)(3)
- (relating to witness relocation and assistance), section 32 (relating
- to destruction of aircraft or aircraft facilities), section 1963
- violations with respect to racketeer influenced and corrupt
- organizations), section 115 (relating to threatening or retaliating
- against a Federal official), the section in chapter 65 relating to
- destruction of an energy facility, and section 1341 (relating to mail
- fraud), section 351 (violations with respect to congressional, Cabinet,
- or Supreme Court assassination, kidnapping, and assault), section 831
- (relating to prohibited transaction involving nuclear materials),
- section 33 (relating to destruction of motor vehicles or motor vehicle
- facilities), or section 1992 (relating to wrecking trains);
-
- (d) any offense involving counterfeiting punishable under section
- 471, 472, or 473 of this title;
-
- (e) any offense involving fraud connected with a case under title
- 11 or the manufacture, importation, receiving, concealment, buying,
- selling, or otherwise dealing in narcotic drugs, marijuana, or other
- dangerous drugs, punishable under any law of the United States;
-
- (f) any offense including extortionate credit transactions under
- sections 892, 893, or 894 of this title;
-
- (g) a violation of section 5322 of title 31, United States Code
- (dealing with the reporting of currency transactions);
-
- (h) any felony violation of sections 511 and 2512 (relating to
- interception and disclosure of certain communications and to certain
- intercepting devices) of this title;
-
- (i) any violation of section 1679(c)(2) (relating to destruction
- of a natural gas pipeline) or subsection (i) or (n) of the United
- States Code;
-
- (j) any criminal violation of section 2778 of title 22 (relating
- to the Arms Export Control Act); or
-
- (k) the location of any fugitive from justice from an offense
- described in this section; or
-
- (l) any conspiracy to commit any of the foregoing offenses.
-
- (2) The principal prosecuting attorney of any State, or the principal
- prosecuting attorney of any political subdivision thereof, if such attorney
- is authorized by a statute of that State to make application to a State
- court judge of competent jurisdiction for an order authorizing or approving
- the interception of wire, oral, or electronic communications, may apply to
- such judge for, and such judge may grant in conformity with section 2518 of
- this chapter and with the applicable State statute an order authorizing, or
- approving the interception of wire, oral, or electronic communications by
- investigative or law enforcement of officers having responsibility for the
- investigation of the offense as to which the application is made, when such
- interception may provide or has provided evidence of the commission of the
- offense of murder, kidnapping, gambling, robbery, bribery, extortion, or
- dealing in narcotic drugs, marijuana or other dangerous drugs, or other
- crime dangerous to life, limb, or property, and punishable by imprisonment
- for more than one year, designated in any applicable State statute
- authorizing such interception, or any conspiracy to commit any of the
- foregoing offenses.
-
- (3) Any attorney for the Government (as such term is defined for the
- purposes of the Federal Rules of Criminal Procedure) may authorize an
- application to a Federal judge of competent jurisdiction for, and such judge
- may grant, in conformity with section 2518 of this title, an order
- authorizing or approving the interception of electronic communications by an
- investigative or law enforcement officer having responsibility for the
- investigation of the offense s to which the application is made, when such
- interception may provide or has provided evidence of any Federal felony.
-
- { 2517. Authorization for disclosure and use of intercepted
- wire, oral, or electronic communication
-
- (1) Any investigative or law enforcement officer who, by any means
- authorized by this chapter, has obtained knowledge of the contents of any
- wire, oral, or electronic communication, or evidence derived therefrom may
- disclose such contents to another investigative or law enforcement officer
- to the extent that such disclosure is appropriate to the proper performance
- of the official duties of the officer making or receiving the disclosure.
-
- (2) Any investigative or law enforcement officer who, by an means
- authorized by this chapter, has obtained knowledge of the contents of any
- wire, oral, or electronic communication or evidence derived therefrom any
- use such contents to the extent such use is appropriate to the proper
- performance of his official duties.
-
- (3) Any person who has received, by any means authorized by this
- chapter, any information concerning a wire, oral, or electronic
- communication, or evidence derived therefrom intercepted in accordance with
- the provisions of this chapter may disclose the contents of that
- communication or such derivative evidence while giving testimony under oath
- or affirmation in any proceeding held under the authority of the United
- States of of any State or political subdivision thereof.
-
- (4) No otherwise privileged wire, oral, or electronic communication
- intercepted in accordance with, or in violation of, the provisions of this
- chapter shall lose its privileged character.
-
- (5) When an investigative or law enforcement officer, while engaged in
- intercepting wire or oral communications in the manner authorized herein,
- intercepts wire, oral, or electronic communications relating to offenses
- other than those specified in the order of authorization or approval, the
- contents thereof, and evidence derived therefrom, may be disclosed or used
- as provided in subsections (1) and (2) of this section. Such contents and
- any evidence derived therefrom may be used under subsection (3) of this
- section when authorized or approved by a judge of competent jurisdiction
- where such judge finds on subsequent application that the contents were
- otherwise intercepted in accordance with the provisions of this chapter.
- Such application shall be made as soon as practicable.
-
-
- { 2518. Procedure for interception of wire, oral, or electronic
- communications
-
- (1) Each application for an order authorizing or approving the
- interception of a wire, oral, or electronic communication under this chapter
- shall be made in writing upon oath or affirmation to a judge of competent
- jurisdiction and shall state the applicant's authority to make such
- application. Each application shall include the following information:
-
- (a) the identity of the investigative or law enforcement officer
- making the application, and the officer authorizing the application;
-
- (b) a full and complete statement of the facts and circumstances
- relied upon by the applicant, to justify his belief that an order
- should be issued, including (i) details as to the particular offense
- that has been, is being, or is about to be committed, (ii) except as
- provided in subsection (11), a particular description of the nature and
- location of the facilities from which or the place where the
- communication is to be intercepted, (iii) a particular description of
- the type of communications sought to be intercepted, (iv) the identity
- of the person, if known, committing the offense and whose
- communications are to be intercepted;
-
- (c) a full and complete statement as to whether or not other
- investigative procedures have been tried and failed or why they
- reasonably appear to be unlikely to succeed if tried or to be too
- dangerous;
-
- (d) a statement of the period of time for which the interception
- is required to be maintained. If the nature of the investigation is
- such that the authorization for interception should not automatically
- terminate when the described type of communication has been first
- obtained, a particular description of facts establishing probable cause
- to believe that additional communications of the same type will occur
- thereafter;
-
- (e) a full and complete statement of the facts concerning all
- previous applications known to the individual authorizing and making
- the application, made to any judge for authorization to intercept, or
- for approval of interceptions of, wire, oral, or electronic
- communications involving any of the same persons, facilities or places
- specified in the application; and
-
- (f) where the application is for the extension of an order, a
- statement setting forth the results thus far obtained from the
- interception, or a reasonable explanation of the failure to obtain such
- results.
-
- (2) The judge may require the applicant to furnish additional
- testimony or documentary evidence in support of the application.
-
- (3) Upon such application the judge may enter an ex parte order, as
- requested or as modified, authorizing or approving interception of wire,
- oral or electronic communications within the territorial jurisdiction of the
- court in which the judge is sitting (and outside that jurisdiction but
- within the United States in the case of a mobile interception device
- authorized by a Federal court within such jurisdiction) if the judge
- determines on the basis of the facts submitted by the applicant that-
-
- (a) there is probable cause for belief that an individual is
- committing, has committed, or is about to commit a particular offense
- enumerated in section 2516 of this chapter;
-
- (b) there is probable cause for brief that particular
- communications concerning that offense will be obtained through such
- interception;
-
- (c) normal investigative procedures have been tried and have
- failed or reasonably appear to be unlikely to succeed if tried or to be
- too dangerous;
-
- (d) except as provided in subsection (11), there is probable
- cause for belief that the facilities from which, or the place where the
- wire, oral, or electronic communications are to be intercepted are
- being used, or are about to be used, in connection with the commission
- of such offense, or are leased to, listed in the name of, or commonly
- used by such person.
-
- (4) Each order authorizing or approving the interception of any wire,
- oral, or electronic communication under this chapter shall specify-
-
- (a) the identity of the person, if known, whose communications
- are to be intercepted;
-
- (b) the nature and location of the communications facilities as
- to which, or the place where, authority to intercept is granted;
-
- (c) a particular description of the type of communication sought
- to be intercepted, and a statement of the particular offense to which
- it relates;
-
- (d) the identity of the agency authorized to intercept the
- communications, and of the person authorizing the application; and
-
- (e) the period of time during which such interception is
- authorized, including a statement as to whether or not the interception
- shall automatically terminate when the described communication has been
- first obtained.
-
- An order authorizing the interception of a wire, oral, or electronic
- communication under this chapter shall, upon request of the applicant,
- direct that a provider of wire or electronic communication service,
- landlord, custodian or other person shall furnish the applicant forthwith
- all information, facilities, and technical assistance necessary to
- accomplish the interception unobtrusively and with a minimum of interference
- with the services that such service provider, landlord, custodian, or person
- is according the person whose communications are to be intercepted. Any
- provider of wire or electronic communication service, landlord, custodian or
- other person furnishing such facilities or technical assistance shall be
- compensated therefor by the applicant for reasonable express incurred in
- providing such facilities or assistance.
-
- (5) No order entered under this section may authorize or approve the
- interception of any wire, oral, or electronic communication for any period
- longer than is necessary to achieve the objective of the authorization nor
- in any event longer than thirty days. Such thirty-day period begins on the
- earlier of the day on which the investigative or law enforcement officer
- first begins to conduct an interception under the order or ten days after
- the order is entered. Extensions of an order may be granted, but only upon
- application for an extension made in accordance with subsection (1) of this
- section and the court making the findings required by subsection (3) of this
- section. The period of extension shall be no longer than the authorizing
- judge deems necessary to achieve the purposes for which it was granted and
- in no event for longer than thirty days. Every order and extension thereof
- shall contain a provision that the authorization to intercept shall be
- executed as soon as practicable, shall be conducted in such a way as to
- minimize the interception of communications not otherwise, subject to
- interception under this chapter, and must terminate upon attainment of the
- authorized objective, or in any event in thirty days. In the event the
- intercepted communications is in a code or foreign language, and an expert
- in that foreign language or code is not reasonably available during the
- interception period, minimization may be accomplished as soon as practicable
- after such interception. An interception under this chapter may be
- conducted in whole or in part by Government personnel, or by an individual
- operating under a contract with the Government, acting under the supervision
- of an investigative or law enforcement officer authorized to conduct the
- interception.
-
- (6) Whenever an order authorizing interception is entered pursuant to
- this chapter, the order may require reports to be made to the judge who
- issued the order showing what progress has been made toward achievement of
- the authorized objective and the need for continued interception. Such
- reports shall be made at such intervals as the judge may require.
-
- (7) Notwithstanding any other provision of this chapter, any
- investigative or law enforcement officer, specially designated by the
- Attorney General, the Deputy Attorney General, the Associate Attorney
- General, or by the principal prosecuting attorney of any State or
- subdivision thereof acting pursuant of that State, who reasonably determines
- that-
-
- (a) an emergency situation exists that involves-
-
- (i) immediate danger of death or serious physical injury to
- any person;
-
- (ii) conspiratorial activities threatening the national
- security interest; or
-
- (iii) conspiratorial activities characteristic of organized
- crime,
-
- that requires a wire, oral, or electronic communication to be
- intercepted before an order authorizing such interception can, with due
- diligence, be obtained, and
-
- (b) there are grounds upon which an order could be entered under
- this chapter to authorize such interception.
-
- may intercept such wire, oral, or electronic communication if an application
- for an order approving the interception is made in accordance with this
- section within forty-eight hours after the interception has occurred, or
- begins to occur. In the absence of an order, such interception shall
- immediately terminate when the communication sought is obtained or when the
- application for the order is denied, whichever is earlier. In the event
- such application for approval is denied, or in any other case where the
- interception is terminated without an order having been issued, the contents
- of any wire, oral, or electronic communication intercepted shall be treated
- as having been obtained in violation of this chapter, and an inventory shall
- be served as provided for in subsection (d) of this section on the person
- named in the application.
-
- (8)(a) The contents of any wire, oral, or electronic communication
- intercepted by any means authorized by this chapter shall, if possible, be
- recorded on tape or wire or other comparable device. The recording of the
- contents of any wire, oral, or electronic communication under this
- subsection shall be done in such a way as will protect the recording from
- editing or other alterations. Immediately upon the expiration of the period
- of the order, or extensions thereof, such recordings shall be made available
- to the judge issuing such order and sealed under this directions. Custody
- of the recordings shall be wherever the judge orders. They shall not be
- destroyed except upon an order of the issuing or denying judge and in any
- event shall be kept for ten years. Duplicate recordings may be made for use
- or disclosure pursuant to the provisions of subsections (2) and (2) of
- section 2517 of this chapter for investigations. The presence of the seal
- provided for by this section, or a satisfactory explanation for the absence
- thereof, shall be a prerequisite for the use or disclosure of the contents
- of any wire, oral, or electronic communication or evidence derived therefrom
- under subsection (3) of section 2517.
-
- (b) Applications made and orders granted under this chapter shall be
- sealed by the judge. Custody of the applications and orders shall be
- wherever the judge directs. Such applications and orders shall be disclosed
- only upon a showing of good cause before a judge of competent jurisdiction
- and shall not be destroyed except on order of the issuing or denying judge,
- and in any event shall be kept for ten years.
-
- (c) Any violation of the provisions of this subsection may be punished
- as contempt of the issuing or denying judge.
-
- (d) Within a reasonable time but not later than ninety days after the
- filing of an application for an order of approval under section 2518(7)(b)
- which is denied or the termination of the period of an order or extensions
- thereof, the issuing or denying judge shall cause to be served, on the
- persons named in the order or the application, and such other parties to
- intercepted communications as the judge may determine in his discretion that
- is in the interest of justice, and inventory which shall include notice of-
-
- (1) the fact of the entry of the order or the application;
-
- (2) the date of the entry and the period of authorized, approved
- or disapproved interception, or the denial of the application, and
-
- (3) the fact that during the period wire, oral, or electronic
- communications were or were not intercepted.
-
- The judge, upon the filing of a motion, may in his discretion make available
- to such person or his counsel for inspection such portions of the
- intercepted communications, applications and orders as the judge determines
- to be in the interest of justice. On an ex parte showing of good cause to a
- judge of competent jurisdiction the serving of the inventory required by
- this subsection may be postponed.
-
- (9) The contents of any wire, oral, or electronic communication
- intercepted pursuant to this chapter or evidence derived therefrom shall not
- be received in evidence or otherwise disclosed in any trial, hearing, or
- other proceeding in a Federal or State court unless each party, not less
- then ten days before the trial, hearing, or proceeding, has been furnished
- with a copy of the court order, and accompanying application, under which
- the interception was authorized or approved. This ten-day period may be
- waived by the judge if he finds that it was not possible to furnish the
- party with the above information ten days before the trial, hearing, or
- proceeding and that the party will not be prejudiced by the delay in
- receiving such information.
-
- (10)(a) Any aggrieved person in any trial, hearing, or proceeding in
- or before the any court, department, officer, agency, regulatory body, or
- other authority of the United States, a State, or a political subdivision
- thereof, may move to suppress the contents of any wire or oral communication
- intercepted pursuant to this chapter, or evidence derived therefrom, on the
- grounds that-
-
- (i) the communication was unlawfully intercepted;
-
- (ii) the order of authorization or approval under which it was
- intercepted is insufficient on its face; or
-
- (iii) the interception was not made in conformity with the order
- of authorization or approval.
-
- Such motion shall be made before the trial, hearing, or proceeding unless
- there was no opportunity to make such motion or the person was not aware of
- the grounds of the motion. If the motion is granted, the contents of the
- intercepted wire or oral communication, or evidence derived therefrom, shall
- be treated as having been obtained in violation of this chapter. The judge,
- upon the filing of such motion by the aggrieved person, may in his
- discretion make available to the aggrieved person or his counsel for
- inspection such portions of the intercepted communication or evidence
- derived therefrom as the judge determines to be in the interests of justice.
-
- (b) In addition to any other right to appeal, the United States shall
- have the right to appeal from an order granting a motion to suppress made
- under paragraph (a) of this subsection, or the denial of an application for
- an order of approval, if the United States attorney shall certify to the
- judge or other official granting such motion or denying such application the
- the appeal is not taken for purposes of delay. Such appeal shall be taken
- within thirty days after the date the order was entered and shall be
- diligently prosecuted.
-
- (c) The remedies and sanctions described in this chapter with respect
- to the interception of electronic communications are the only judicial
- remedies and sanctions for nonconstitutional violations of this chapter
- involving such communications.
-
- (11) The requirements of subsections (1)(b)(ii) and (3)(d) of the
- section relating to the specification of the facilities from which, or the
- place where, the communication is to be intercepted do not apply if-
-
- (a) in the case of an application with respect to the
- interception of an oral communication-
-
- (i) the application is by a federal investigative or law
- enforcement officer and is approved by the Attorney General, the
- Deputy Attorney General, the Associate Attorney General, an
- Assistant Attorney General, or an acting Assistant Attorney
- General;
-
- (ii) the application contains a full and complete statement
- as to why such specification is not practical and identifies the
- person committing the offense and whose communications are to be
- intercepted; and
-
- (iii) the judge finds that such specification is not
- practical; and
-
- (b) in the case of an application with respect to a wire or
- electronic communication-
-
- (i) the application is by a Federal investigative or law
- enforcement officer and is approved by the Attorney General, the
- Deputy Attorney General, the Associate Attorney General, and
- Assistant Attorney General, or an acting Assistant Attorney
- General;
-
- (ii) the application identifies the person believed to be
- committing the offense and whose communications are to be
- intercepted and the applicant makes a showing of a purpose, on the
- part of that person, to thwart interception by changing
- facilities; and
-
- (iii) the judge finds that such purpose has been adequately
- shown.
-
- (12) An interception of a communication under an order with respect to
- which the requirements of subsections (1)(b)(ii) and (3)(d) of this section
- do not apply by reason of subsection (11) shall not begin until the
- facilities from which, or the place where, the communication is to be
- intercepted is ascertained by the person implementing the interception
- order. A provider of wire or electronic communications service that has
- received an order as provided for in subsection (11)(b) may move the court
- to modify or quash the order on the ground that its assistance with respect
- to the interception cannot be performed in a timely or reasonable fashion.
- The court, upon notice to the government, shall decide such a motion
- expeditiously.
-
- { 2519. Reports concerning intercepted wire, oral, or electronic
- communications
-
- (1) Within thirty days after the expiration of an order (or each
- extension thereof) entered under section 2518, or the denial of an order
- approving an interception, the issuing or denying judge shall report to the
- Administrative Office of the United States Courts-
-
- (a) the fact that an order or extension was applied for;
-
- (b) the kind of order or extension was applied for (including
- whether or not the order was an order with respect to which the
- requirements of sections 2518(1)(b)(ii) and 2581(3)(d) of this title
- did not apply by reason of section 2518(11) of title);
-
- (c) the fact that the order or extension was granted as applied
- for, was modified, or was denied;
-
- (d) the period of interceptions authorized by the order, and the
- number and duration of any extensions of the order;
-
- (e) the offense specified in the order or application, or
- extension or an order;
-
- (f) the identity of the applying investigative or law enforcement
- officer and agency making the application and the person authorizing
- the application; and
-
- (g) the nature of the facilities from which or the place where
- communications were to be intercepted.
-
- (2) In January of each year the Attorney General, an Assistant
- Attorney General specially designated by the Attorney General, or the
- principal prosecuting attorney of a State, or the principal prosecuting
- attorney for any political subdivision of a State, shall report to the
- Administrative Office of the United States Courts-
-
- (a) the information required by paragraphs (a) through (g) of
- subsection (1) of this section with respect to each application for an
- order or extension made during the preceding calendar year;
-
- (b) a general description of the interceptions made under such
- order or extension, including (i) the approximate nature and frequency
- of incriminating communications intercepted, (ii) the approximate
- nature and frequency of other communications intercepted, (iii) the
- approximate number of persons whose communications were intercepted,
- and (iv) the approximate nature, amount, and cost of the manpower and
- other resources used in the interceptions;
-
- (c) the number of arrests resulting from interceptions made under
- such order or extension, and the offenses for which arrests were made;
-
- (d) the number of trials resulting from such interceptions;
-
- (e) the number of motions to suppress made with respect to such
- interceptions, and the number granted or denied;
-
- (f) the number of convictions resulting from such interceptions
- and the offenses for which the convictions were obtained and a general
- assessment of the importance of the interceptions; and
-
- (g) the information required by paragraphs (b) through (f) of
- this subsection with respect to orders or extensions obtained in a
- preceding calendar year.
-
- (3) In April of each year the Director of the Administrative Office of
- the United States Courts shall transmit to the Congress a full and complete
- report concerning the number of applications for orders authorizing or
- approving the interception of wire, oral, or electronic communications
- pursuant to this chapter and the number of orders and extensions granted or
- denied pursuant to this chapter during the preceding calendar year. Such
- report shall include a summary and analysis of the data required to be filed
- with the Administrative Office by subsections (1) and (2) of this section.
- The Director of the Administrative Office of the United States Courts is
- authorized to issue binding regulations dealing with the content and form of
- the reports required to be filed by subsections (1) and (2) of this section.
-
-
- { 2520. Recovery of civil damages authorized
-
- (a) IN GENERAL,--Except as provided in section 2511(2)(a)(ii), any
- person whose wire, oral, or electronic communication is intercepted,
- disclosed, or intentionally used in violation of this chapter may in a civil
- action recover from the person or entity which engaged in that violation
- such relief as may be appropriate.
-
- (b) RELIEF.--In an action under this section, appropriate relief
- includes-
-
- (1) such preliminary and other equitable or declaratory relief as
- may be appropriate;
-
- (2) damages under subsection (c) and punitive damages in
- appropriate cases; and
-
- (3) a reasonable attorney's fee and other litigation costs
- reasonably incurred.
-
- (c) COMPUTATION OF DAMAGES.--(1) In an action under this section, if
- the conduct is in violation of this chapter is the private viewing of a
- private satellite video communication that is not scrambled or encrypted or
- if the communication is a radio communication that is transmitted on
- frequencies allocated under subpart D of part 74 of the rules of the Federal
- Communications Commission that is not scrambled or encrypted and the conduct
- is not for a tortious or illegal purpose or for purposes of direct or
- indirect commercial advantage or private commercial gain, then the court
- shall assess damages as follows:
-
- (A) If the person who engaged in that conduct has not previously
- been enjoined under section 2511(5) and has not been found liable in a
- prior civil action under this section, the court shall assess the
- greater of the sum of actual damages suffered by the plaintiff, or
- statutory damages of not less than $50 and not more than $500.
-
- (B) If, on one prior occasion, the person who engaged in that
- conduct has been enjoined under section 2511(5) or has been found
- liable in a civil action under this section, the court shall assess the
- greater of the sum of actual damages suffered by the plaintiff, or
- statutory damages of not less than $100 and not more than $1,000.
-
- (2) In any other action under this section, the court may assess as
- damages whichever is the greater of-
-
- (A) the sum of the actual damages suffered by the plaintiff and
- any profits made by the violator as a result of the violation; or
-
- (B) statutory damages of whichever is the greater of $100 a day
- for each day of violation or $10,000.
-
- (d) DEFENSE.--A good faith reliance on-
-
- (1) a court warrant or order, a grand jury subpoena, a
- legislative authorization, or a statutory authorization;
-
- (2) a request of an investigative or law enforcement officer
- under section 2518(7) of this title; or
-
- (3) a good faith determination that section 2511(3) of this title
- permitted the conduct complained of;
-
- is a complete defense against any civil or criminal action brought under
- this chapter or any other law.
-
- (e) LIMITATION.--A civil action under this section may not be
- commenced later than two years after the date upon which the claimant first
- has a reasonable opportunity to discover the violation.
-
-
- { 2521. Injunction against illegal interception
-
- Whenever it shall appear that any person is engaged or is about to
- engage in any act which constitutes or will constitute a felony violation of
- this chapter, the Attorney General may initiate a civil action in a district
- court of the United States to enjoin such violation. The court shall
- proceed as soon as practicable to the hearing and determination of such an
- action, and may, at any time before final determination, enter such a
- restraining order or prohibition, or take such other action, as is warranted
- to prevent a continuing and substantial injury to the United States or to
- any person or class of persons for whose protection the action is brought.
- A proceeding under this section is governed by the Federal Rules of Civil
- Procedure, except that, if an indictment has been returned against the
- respondent, discovery is governed by the federal Rules of Criminal
- Procedure.
-
-
- CHAPTER 121- STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
- RECORDS ACCESS
-
- Sec.
- 2701. Unlawful access to stored communications.
- 2702. Disclosure of contents.
- 2703. Requirements for governmental access.
- 2704. Backup preservation.
- 2705. Delayed notice.
- 2706. Cost reimbursement.
- 2707. Civil action.
- 2708. Exclusivity of remedies.
- 2709. Counterintelligence access to telephone toll and
- transactional records.
- 2710. Definitions
-
- 2701. Unlawful access to stored communications
-
- (a) OFFENSE.- Except as provided in subsection (c) of this section
- whoever-
-
- (1) intentionally accesses without authorization a facility through
- which an electronic communication service is provided; or
-
- (2) intentionally exceeds an authorization to access that facility;
-
- and thereby obtains, alters, or prevents authorized access to a wire or
- electronic communication while it is in electronic storage in such system
- shall be punished as provided in subsection (b) of this section.
-
- (b) PUNISHMENT.- The punishment for an offense under subsection (a) of
- this section is-
-
- (1) if the offense is committed for purposes of commercial advantage,
- malicious destruction or damage, or private commercial gain-
-
- (A) a fine of not more than $250,000 or imprisonment for not more than
- one year, or both, in the case of a first offense under this subparagraph;
- and
-
- (B) a fine under this title or imprisonment for not more than two
- years, or both, for any subsequent offense under this subparagraph; and
-
- (2) a fine of not more than $5,000 or imprisonment for not more than
- six months, or both, in any case.
-
- (c) EXCEPTIONS.- Subsection (a) of this section does not apply with
- respect to conduct authorized-
-
- (1) by the person or entity providing a wire or electronic
- communications service;
-
- (2) by a user of that service with respect to a communication of or
- intended for that user; or
-
- (3) in section 2703, 2704 or 2518 of this title.
-
- { 2702. Disclosure of contents
-
- (a) PROHIBITIONS.- Except as provided in subsection (b)-
-
- (1) a person or entity operating an electronic communication service to
- the public shall not knowingly divulge to any person or entity the contents
- of a communication while in electronic storage by that service; and
-
- (2) a person or entity providing remote computing service to the public
- shall not knowingly divulge to any person or entity the contents of any
- communication which is carried or maintained on that service-
-
- (A) on behalf of, and received by means of electronic transmission from
- (or created by means of computer processing of communications received by
- means of electronic transmission from), a subscriber or customer of such
- service; and
-
- (B) solely for the purpose of providing storage or computer processing
- services to such subscriber or customer, if the provider is not authorized
- to access the contents of any such communications for purposes of providing
- any services other than storage or computer processing.
-
- (b) EXCEPTIONS.- A person or entity may divulge the contents of a
- communication-
-
- (1) to an addressee or intended recipient of such communication or an
- agent of such addressee or intended recipient;
-
- (2) as otherwise authorized in section 2516, 2511(2)(a), or 2703 of
- this title;
-
- (3) with the lawful consent of the originator or an addressee or
- intended recipient of such communication, or the subscriber in the case of
- remote computing service;
-
- (4) to a person employed or authorized or whose facilities are used to
- forward such communication to its destination;
-
- (5) as may be necessarily incident to the rendition of the service or
- to the protection of the rights or property of the provider of that service;
- or
-
- (6) to a law enforcement agency, if such contents-
-
- (A) were inadvertently obtained by the service provider; and
-
- (B) appear to pertain to the commission of a crime.
-
- { 2703. Requirements for governmental access
-
- (a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC STORAGE.- A
- governmental entity may require the disclosure by a provider of electronic
- communication service of the contents of an electronic communication, that
- is in electronic storage in an electronic communications system for one
- hundred and eighty days or less, only pursuant to a warrant issued under the
- Federal Rules of Criminal Procedure or equivalent State warrant. A
- governmental entity may require the disclosure by a provider of electronic
- communications services of the contents of an electronic communication that
- has been in storage in an electronic communications system for more than one
- hundred and eighty days by the means available under subsection (b) of this
- section.
-
- (b) CONTENTS OF ELECTRONIC COMMUNICATIONS IN A REMOTE COMPUTING
- SERVICE.- (1) A governmental entity may require a provider of remote
- computing service to disclose the contents of any electronic communication
- to which this paragraph is made applicable by paragraph (2) of this
- subsection-
-
- (A) without required notice to the subscriber or customer, if the
- governmental entity obtains a warrant issued under the Federal Rules of
- Criminal Procedure or equivalent State warrant; or
-
- (B) with prior notice from the governmental entity to the subscriber or
- customer if the governmental entity-
-
- (i) uses an administrative subpoena authorized by a Federal or State
- statute or a Federal or State grand jury subpoena; or
-
- (ii) obtains a court order for such disclosure under subsection (d) of
- this section; except that delayed notice may be given pursuant to section
- 2705 of this title.
-
- (2) Paragraph (1) is applicable with respect to any electronic
- communication that is held or maintained on that service-
-
- (A) on behalf of, and received by means of electronic transmission from
- (or created by means of computer processing of communications received by
- means of electronic transmission from), a subscriber or customer of such
- remote computing service; and
-
- (B) solely for the purpose of providing storage or computer processing
- services to such subscriber or customer, if the provider is not authorized
- to access the contents of any such communications for purposes of providing
- any services other than storage or computer processing.
-
- (c) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR REMOTE
- COMPUTING SERVICE.- (1)(A) Except as provided in subparagraph (B), a
- provider of electronic communication service or remote computing service may
- disclose a record or other information pertaining to a subscriber to or
- customer of such service (not including the contents of communications
- covered by subsection (a) or (b) of this section) to any person other than a
- governmental entity.
-
- (B) A provider of electronic communication service or remote computing
- service shall disclose a record or other information pertaining to a
- subscriber to or customer of such service (not including the contents of
- communications covered by subsection (a) or (b) of this section) to a
- governmental entity only when the governmental entity-
-
- (i) uses an administrative subpoena authorized by a Federal or State
- statute, or a Federal or State grand jury subpoena;
-
- (ii) obtains a warrant issued under the Federal Rules of Criminal
- Procedure or equivalent State warrant;
-
- (iii) obtains a court order for such disclosure under subsection (d) of
- this section; or
-
- (iv) has the consent of the subscriber or customer to such disclosure.
-
- (2) A governmental entity receiving records or information under this
- subsection is not required to provide notice to a subscriber or customer.
-
- (d) REQUIREMENTS FOR COURT ORDER.- A court order for disclosure under
- subsection (b) or (c) of this section shall issue only if the governmental
- entity shows that there is reason to believe the contents of a wire or
- electronic communication, or the records or other information sought, are
- relevant to a legitimate law enforcement inquiry. In the case of a State
- governmental authority, such a court order shall not issue if prohibited by
- the law of such State. A court issuing an order pursuant to this section,
- on a motion made promptly by the service provider, may quash or modify such
- order, if the information or records requested are unusually voluminous in
- nature or compliance with such order otherwise would cause an undue burden
- on such provider.
-
- (e) NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION UNDER
- THIS CHAPTER.- No cause of action shall lie in any court against any
- provider of wire or electronic communication service, its officers,
- employees, agents, or other specified persons for providing information,
- facilities, or assistance in accordance with the terms of a court order,
- warrant, subpoena or certification under this chapter.
-
- { 2704. Backup preservation
-
- (a) BACKUP PRESERVATION.- (1) A governmental entity acting under
- section 2703(b)(2) may include in its subpoena or court order a requirement
- that the service provider to whom the request is directed create a backup
- copy of the contents of the electronic communications sought in order to
- preserve those communications. Without notifying the subscriber or customer
- of such subpoena or court order, such service provider shall create such
- backup copy as soon as practicable consistent with its regular business
- practices and shall confirm to the governmental entity that such backup copy
- has been made. Such backup copy shall be created within two business days
- after receipt by the service provider of the subpoena or court order.
-
- (2) Notice to the subscriber or customer shall be made by the
- governmental entity within three days after receipt of such confirmation,
- unless such notice is delayed pursuant to section 2705(a).
-
- (3) The service provider shall not destroy such backup copy until the
- later of --
-
- (A) the delivery of the information; or
-
- (B) the resolution of any proceedings (including appeals of any
- proceeding) concerning the government's subpoena or court order.
-
- (4) The service provider shall release such backup copy to the
- requesting governmental entity no sooner than fourteen days after the
- governmental entity's notice to the subscriber or customer if such service
- provider --
-
- (A) has not received notice from the subscriber or customer that the
- subscriber or customer has challenged the governmental entity's request; and
-
- (B) has not initiated proceedings to challenge the request of the
- governmental entity.
-
- (5) A governmental entity may seek to require the creation of a backup
- copy under subsection (a)(1) of this section if in its sole discretion such
- entity determines that there is reason to believe that notification under
- section 2703 of this title of the existence of the subpoena or court order
- may result in destruction of or tampering with evidence. This determination
- is not subject to challenge by the subscriber or customer or service
- provider.
-
- (b) CUSTOMER CHALLENGES -- (1) Within fourteen days after notice by the
- governmental entity to the subscriber or customer under subsection (a)(2) of
- this section, such subscriber or customer may file a motion to quash such
- subpoena or vacate such court order, with copies served upon the
- governmental entity and with written notice of such challenge to the service
- provider. A motion to vacate a court order shall be filed in the court
- which issued such order. A motion to quash a subpoena shall be filed in the
- appropriate United States district court or State court. Such motion or
- application shall contain an affidavit or sworn statement --
-
- (A) stating that the applicant is a customer or subscriber to the
- service from which the contents of electronic communications maintained for
- him have been sought; and
-
- (B) stating the applicant's reasons for believing that the records
- sought are not relevant to a legitimate law enforcement inquiry or that
- there has not been substantial inquiry or that there has not been
- substantial compliance with the provisions of this chapter in some other
- respect.
-
- (2) Service shall be made under this section upon a governmental entity
- by delivering or mailing by registered or certified mail a copy of the
- papers to the person, office, or department specified in the notice which
- the customer has received pursuant to this chapter. For the purposes of
- this section, the term "delivery" has the meaning given that term in the
- Federal Rules of Civil Procedure.
-
- (3) If the court finds that the customer has complied with paragraphs
- (1) an (2) of this subsection, the court shall order the governmental entity
- to file a sworn response, which may be filed in camera if the governmental
- entity includes in its response the reasons which make in camera review
- appropriate. If the court is unable to determine the motion or application
- on the basis of the parties' initial allegations and response, the court may
- conduct such additional proceedings as it deems appropriate. All such
- proceedings shall be completed and the motion or application decided as soon
- as practicable after the filing of the governmental entity's response.
-
- (4) If the court finds that the applicant is not the subscriber or
- customer for whom the communications sought by the governmental entity are
- maintained, or that there is a reason to believe that the law enforcement
- inquiry is legitimate and that the communications sought are relevant to
- that inquiry, it shall deny the motion or application and order such process
- enforced. If the court finds that the applicant is the subscriber or
- customer for whom the communications sought by the governmental entity are
- maintained, and that there is not a reason to believe that the
- communications sought are relevant to a legitimate law enforcement inquiry,
- or that there has not been substantial compliance with the provisions of
- this chapter, it shall order the process quashed.
-
- (5) A court order denying a motion or application under this section
- shall not be deemed a final order and no interlocutory appeal may be taken
- therefrom by the customer.
-
- { 2705. Delayed notice
-
- (a) DELAY OF NOTIFICATION --(1) A governmental entity acting under
- section 2703(b) of this title may --
-
- (A) where a court order is sought, include in the application a
- request, which the court shall grant, for an order delaying the notification
- required under section 2703(b) of this title for a period not to exceed
- ninety days, if the court determines that there is reason to believe that
- notification of the existence of the court order may have an adverse result
- described in paragraph (2) of this subsection; or
-
- (B) where an administrative subpoena authorized by a Federal or State
- statute or a Federal or State grand jury subpoena is obtained, delay the
- notification required under section 2703(b) of this title for a period not
- to exceed ninety days upon the execution of a written certification of a
- supervisory official that there is reason to believe that notification of
- the existence of the subpoena may have an adverse result described in
- paragraph (2) of this subsection.
-
- (2) An adverse result for the purposes of paragraph (1) of this
- subsection is --
-
- (A) endangering the life or physical safety of an individual;
-
- (B) flight from prosecution;
-
- (C) destruction of or tampering with evidence;
-
- (D) intimidation of potential witnesses; or
-
- (E) otherwise seriously jeopardizing an investigation or unduly
- delaying a trial.
-
- (3) The governmental entity shall maintain a true copy of certification
- under paragraph (1)(B).
-
- (4) Extensions of the delay of notification provided in section 2703 of
- up to ninety days each may be granted by the court upon application, or by
- certification by a governmental entity, but only in accordance with
- subsection (b) of this section.
-
- (5) Upon expiration of the period of delay of notification under
- paragraph (1) or (4) of this subsection, the governmental entity shall serve
- upon, or deliver by registered or first-class mail to, the customer or
- subscriber a copy of the process or request together with notice that --
-
- (A) states with reasonable specificity the nature of the law
- enforcement inquiry; and
-
- (B) informs such customer or subscriber --
-
- (i) that information maintained for such customer or subscriber by the
- service provider named in such process or request was supplied to or
- requested by that governmental authority and the date on which the supplying
- or request took place.
-
- (ii) that notification of such customer or subscriber was delayed;
-
- (iii) what governmental entity or court made the certification or
- determination pursuant to which that delay was made; and
-
- (iv) which provision of this chapter allowed such delay.
-
- (6) As used in this subsection, the term "supervisory official" means
- the investigative agent in charge or assistant investigative agent in charge
- or an equivalent of an investigating agency's headquarters or regional
- office, or the chief prosecuting attorney or the first assistant prosecuting
- attorney or an equivalent of a prosecuting attorney's headquarters or
- regional office.
-
- (b) PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL ACCESS. -- A
- governmental entity acting under section 2703, when it is not required to
- notify the subscriber or customer under section 2703(b)(1), or to the extent
- that it may delay such notice pursuant to subsection (a) of this section,
- may apply to a court for an order commanding a provider of electronic
- communications service or remote computing service to whom a warrant,
- subpoena, or court order is directed, for such period as the court deems
- appropriate, not to notify any other person of the existence of the warrant,
- subpoena, or court order. The court shall enter such an order if it
- determines that there is reason to believe that notification of the
- existence of the warrant, subpoena, or court order will results in --
-
- (1) endangering the life or physical safety of an individual;
-
- (2) flight from prosecution;
-
- (3) destruction of or tampering with evidence;
-
- (4) intimidation of potential witnesses; or
-
- (5) otherwise seriously jeopardizing an investigation or unduly
- delaying a trial.
-
- { 2706. Cost reimbursement
-
- (a) PAYMENT -- Except as otherwise provided in subsection (c), a
- governmental entity obtaining the contents of communications, records, or
- other information under section 2702, 2703, or 2704 of this title shall pay
- to the person or entity assembling or providing such information a fee for
- reimbursement for such costs as are reasonably necessary and which have been
- directly incurred in searching for, assembling, reproducing, or otherwise
- providing such information. Such reimbursable costs shall include any costs
- due to necessary disruption of normal operations of any electronic
- communication service or remote computing service in which such information
- may be stored.
-
- (b) AMOUNT -- The amount of the fee provided by subsection (a) shall be
- as mutually agreed by the governmental entity and the person or entity
- providing the information, or in the absence of agreement, shall be as
- determined by the court which issued the order for production of such
- information (or the court before which a criminal prosecution relating to
- such information would be brought, if no court order was issued for
- production of the information).
-
- (c) The requirement of subsection (a) of this section does not apply
- with respect to records or other information maintained by a communications
- common carrier that relate to telephone toll records and telephone listings
- obtained under section 2703 of this title. The court may, however, order a
- payment as described in subsection (a) if the court determines the
- information required is unusually voluminous in nature or otherwise caused
- an undue burden on the provider.
-
- { 2707. Civil action
-
- (a) CAUSE OF ACTION. -- Except as provided in section 2703(e), any
- provider of electronic communication service, subscriber, or customer
- aggrieved by any violation of this chapter in which the conduct constituting
- the violation is engaged in with a knowing or intentional state of mind may,
- in a civil action, recover from the person or entity which engaged in that
- violation such relief as may be appropriate.
-
- (b) RELIEF. -- IN a civil action under this section, appropriate relief
- includes --
-
- (1) such preliminary and other equitable or declaratory relief as may
- be appropriate;
-
- (2) damages under subsection (c); and
-
- 1/2 of (b), all of (c) & (d) omitted see p. 514,447
-
- (e) LIMITATION. -- A civil action under this section may not be
- commenced later than two years after the date upon which the claimant first
- discovered or had a reasonable opportunity to discover the violation.
-
- { 2708. Exclusivity of remedies
-
- The remedies and sanctions described in this chapter are the only
- judicial remedies and sanctions for nonconstitutional violations of this
- chapter.
-
- { 2709. Counterintelligence access to telephone toll and transactional
- records
-
- (a) DUTY TO PROVIDE. -- A wire or electronic communication service
- provider shall comply with a request for subscriber information and toll
- billing records information, or electronic communication transactional
- records in its custody or possession made by the Director of the Federal
- Bureau of Investigation under subsection (b) of this section.
-
- (b) REQUIRED CERTIFICATION. -- The Director of the Federal Bureau of
- Investigation (or an individual within the Federal Bureau of Investigation
- designated for this purpose by the Director) may request any such
- information and records if the Director (or the Director's designee)
- certifies in writing to the wire or electronic communication service
- provider to which the request is made that --
-
- (1) the information sought is relevant to an authorized foreign
- counterintelligence investigation; and
-
- (2) there are specific and articulable facts giving reason to believe
- that the person or entity to whom the information sought pertains is a
- foreign power or an agent of a foreign power as defined in section 101 of
- the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
-
- (c) PROHIBITION OF CERTAIN DISCLOSURE. -- No wire or electronic
- communication service provider, or officer, employee, or agent thereof,
- shall disclose to any person that the Federal Bureau of Investigation has
- sought or obtained access to information or records under this section.
-
- (d) DISSEMINATION BY BUREAU. -- The Federal Bureau of Investigation may
- disseminate information and records obtained under this section only as
- provided in guidelines approved by the Attorney General for foreign
- intelligence collection and foreign counterintelligence investigations
- conducted by the Federal Bureau of Investigation, and, with respect to
- dissemination to an agency of the United States, only if such information is
- clearly relevant to the authorized responsibilities of such agency.
-
- (e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE INFORMED. -- On a
- semi-annual basis the Director of the Federal Bureau of Investigation shall
- fully inform the Permanent Select Committee on Intelligence of the House of
- Representatives and the Select Committee on Intelligence of the Senate
- concerning all requests made under subsection (b) of this section.
-
- { 2710. Definitions for chapter
-
- As used in this chapter -
-
- (1) the terms defined in section 2510 of this title have, respectively,
- the definitions given such terms in that section; and
-
- (2) the term "remote computing service" means the provision to the
- public of computer storage or processing services by means of an electronic
- communications system.
-
- CHAPTER 205-SEARCHES AND SEIZURES
-
- Sec. 3101. Effect of rules of court--Rules
-
- * * *
-
- 3117. Mobile tracking devices.
-
- * * *
-
- { 3117. Mobile tracking devices
-
- (a). IN GENERAL.--If a court is empowered to ussue a warrant or other
- order for the installation of a mobile tracking device, such order may
- authorize the use of that device within the jurisdiction of the court, and
- outside that jurisdiction if the device is installed in that jurisdiction.
-
- (b). DEFINITION.--As used in this section, the term "tracking device"
- means an electronic or mechanical device which permits the tracking of the
- movement of a person or object.
-
- CHAPTER 206-PEN REGISTERS AND TRAP TRACE DEVICES
-
- Sec.
-
- 3121. General prohibition on pen register on trap and trace device use;
- exception.
-
- 3122. Application for an order for a pen register or a trap and trace
- device.
-
- 3123. Issuance of an order for a pen register or a trap or trace
- device.
-
- 3124. Assistance in installation and use of a pen register or a trap and
- trace device.
-
- 3125. Reports concerning pen registers and trap and trace devices.
-
- 3126. Definitions for chapter.
-
- { 3121. General prohibition on pen register and trap and trace device use;
- exception
-
- (a) In General.-Except as provided in this section, no person may
- install or use a pen register or a trap and trace device without first
- obtaining a court order under section 3123 of this title or under the
- Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
-
- (b) Exception.-The prohibition of subsection (a) does not apply with
- respect to the use of a pen register or a trap and trace device by a
- provider of electronic or wire communication service-
-
- (1) relating to the operation, maintenance, and testing of a wire or
- electronic communication service or to the protection of the rights or
- property of such provider, or to the protection of users of that service
- from abuse of service or unlawful use of service; or
-
- (2) to record the fact that a wire or electronic communication was
- initiated or completed in order to protect such provider, another provider
- furnishing service toward the completion of the wire communication, or a
- user of that service, from fraudulent, unlawful or abusive use of service;
- or with the consent of the user of that service.
-
- (c) Penalty.-Whoever knowingly violates subsection (a) shall be fined
- under this title or imprisoned not more than one year, or both.
-
- { 3122. Application for an order for a pen register or a trap and trace
- device
-
- (a) Application.-(1) An attorney for the Government may make
- application for an order or an extension of an order under section 3123 of
- this title authorizing or approving the installation and use of a pen
- register or a trap and trace device under this chapter, in writing under
- oath or equivalent affirmation, to a court of competent jurisdiction.
-
- (2) Unless prohibited by State law, a State investigative law
- enforcement officer may make application for an order or an extension of an
- order under section 3123 of this title authorizing or approving the
- installation and use of a pen register or a trap and trace device under this
- chapter, in writing under oath or equivalent affirmation, to a court of
- competent jurisdiction of such State.
-
- (b) Contents Of Application.-An application under subsection (a) of
- this section shall include-
-
- (1) the identity of the attorney for the Government or the State law
- enforcement or investigative officer making the application and the identity
- of the law enforcement agency conducting the investigation; and
-
- (2) a certification by the applicant that the information likely to be
- obtained is relevant to an ongoing criminal investigation being conducted by
- that agency.
-
- { 3123. Issuance of an order for a pen register or a trap and trace device
-
- (a) In General.-Upon an application made under section 3122 of this
- title, the court shall enter an ex parte order authorizing the installation
- and use of a pen register or a trap and trace device within the jurisdiction
- of the court if the court finds that the attorney for the Government or the
- State law enforcement or investigative officer has certified to the court
- that the information likely to be obtained by such installation and use is
- relevant to an ongoing criminal investigation.
-
- (b) Contents Of Order.-An order issued under this section-
-
- (1) shall specify-
-
- (A) the identity, if known, of the person to whom is leased or in
- whose name is listed the telephone line to which the pen register or trap
- and trace device is to be attached;
-
- (B) the identity, if known, of the person who is the subject of the
- criminal investigation;
-
- (C) the number and, if known, physical location of the telephone line
- to which the pen register or trap and trace device is to be attached and, in
- the case of a trap and trace device, the geographic limits of the trap and
- trace order; and
-
- (D) a statement of the offense to which the information likely to be
- obtained by the pen register or trap and trace device relates; and
-
- (2) shall direct, upon the request of the applicant, the furnishing of
- information, facilities, and technical assistance necessary to accomplish
- the installation of the pen register or trap and trace device under section
- 3124 of this title.
-
- (c) Time Period And Extensions.-(1) An order issued under this section
- shall authorize the installation and use of a pen register or a trap and
- trace device for a period not to exceed sixty days.
-
- (2) Extensions of such an order may be granted, but only upon an
- application for an order under section 3122 of this title and upon the
- judicial finding required by subsection (a) of this section. The period of
- extension shall be for a period not to exceed sixty days.
-
- (d) Non-disclosure Of Existence Of Pen Register Or A Trap And Trace
- Device.-An order authorizing or approving the installation and use of a pen
- register or a trap and trace device shall direct that-
-
- (1) the order be sealed until otherwise ordered by the court; and
-
- (2) the person owning or leasing the line to which the pen register or
- a trap and trace device is attached, or who has been ordered by the court to
- provide assistance to the applicant, not disclose the existence of the pen
- register or trap and trace device or the existence of the investigation to
- the listed subscriber, or to any other person, unless or until otherwise
- ordered by the court.
-
- { 3124. Assistance in installation and use of a pen register or a trap and
- trace device
-
- (a) Pen Registers.-Upon the request of an attorney for the Government
- or an officer of a law enforcement agency authorized to install and use a
- pen register under this chapter, a provider of wire or electronic
- communication service, landlord, custodian, or other person shall furnish
- such investigative or law enforcement officer forthwith all information,
- facilities, and technical assistance necessary to accomplish the
- installation of the pen register unobtrusively and with a minimum of
- interference with the services that the person so ordered by the court
- accords the party with respect to whom the installation and use is to take
- place, if such assistance is directed by a court order as provided in
- section 3123(b)(2) of this title.
-
- (b) Trap And Trace Device.-Upon the request of an attorney for the
- Government or an officer of a law enforcement agency authorized to receive
- the results of a trap and trace device under this chapter, a provider of a
- wire or electronic communication service, landlord, custodian, or other
- person shall install such device forthwith on the appropriate line and shall
- furnish such investigative or law enforcement officer all additional
- information, facilities and technical assistance including installation and
- operation of the device unobtrusively and with a minimum of interference
- with the services that the person so ordered by the court accords the party
- with respect to whom the installation and use is to take place, if such
- installation and assistance is directed by a court order as provided in
- section 3123(b)(2) of this title. Unless otherwise ordered by the court,
- the results of the trap and trace device shall be furnished to the officer
- of a law enforcement agency, designated in the court, at reasonable
- intervals during regular business hours for the duration of the order.
-
- (c) Compensation.-A provider of a wire or electronic communication
- service, landlord, custodian, or other person who furnishes facilities or
- technical assistance pursuant to this section shall be reasonably
- compensated for such reasonable expenses incurred in providing such
- facilities and assistance.
-
- (d) No Cause Of Action Against A Provider Disclosing Information Under
- This Chapter.-No cause of action shall lie in any court against any provider
- of a wire or electronic communication service, its officers, employees,
- agents, or other specified persons for providing information, facilities, or
- assistance in accordance with the terms of a court order under this chapter.
-
- (e) Defense.-A good faith reliance on a court order, a legislative
- authorization, or a statutory authorization is a complete defense against
- any civil or criminal action brought under this chapter or any other law.
-
- { 3125. Reports concerning pen registers and trap and trace devices
-
- The Attorney General shall annually report to Congress on the number of
- pen register orders and orders for trap and trace devices applied for by law
- enforcement agencies of the Department of Justice.
-
- { 3126. Definitions for chapter
-
- As used in this chapter-
-
- (1) the terms "wire communication", "electronic communication", and
- "electronic communication service" have the meanings set forth for such
- terms in section 2510 of this title;
-
- (2) the term "court of competent jurisdiction" means-
-
- (A) a district court of the United States (including a magistrate of
- such a court) or a United States Court of Appeals; or
-
- (B) a court of general criminal jurisdiction of a State authorized by
- the law of that State to enter orders authorizing the use of a pen register
- or a trap and trace device;
-
- (3) the term "pen register" means a device which records or decodes
- electronic or other impulses which identify the numbers dialed or otherwise
- transmitted on the telephone line to which such device is attached, but such
- term does not include any device used by a provider or customer of a wire or
- electronic communication service for billing, or recording as an incident to
- billing, for communications services provided by such provider or any device
- used by a provider or customer of a wire communication service for cost
- accounting or other like purposes in the ordinary course of its business;
-
- (4) the term "trap and trace" device means a device which captures the
- incoming electronic or other impulses which identify the originating number
- of an instrument or device from which a wire or electronic communication was
- transmitted;
-
- (5) the term "attorney for the Government" has the meaning given such
- term for the purposes of the Federal Rules of Criminal Procedure; and
-
- (6) the term "State" means a State, the District of Columbia, Puerto
- Rico, and any other possession or territory of the United States.
-
-
- ===============================================================================
-
- A lawyer's review and perspective of the ECPA
-
- ===============================================================================
-
- WHEN IS LISTENING TO THE RADIO A CRIME?
-
- By FRANK TERRANELLA
-
- The federal Electronic Communications Privacy Act has turned many radio
- listeners into criminals. The problem is, most of them don't know about it.
- I will attempt here to describe in very non-legalistic and general terms
- (extremely difficult for a lawyer), exactly what listening is legal and what
- is illegal.
-
- Section 2511 of the Federal Criminal Statutes (18 U.S.C.) is where most
- of the action is in this field. The statute is primarily a wiretap and bug
- statute and only recently has been expanded to include radio listening. I
- will not be discussing the provisions dealing with oral communications or
- wiretaps and bugging devices here.
-
- The statute starts out by saying that it is illegal to intentionally
- intercept, disclose or use the contents of any wire or electronic
- communication. The statute then goes on to carve out exceptions to this
- general rule.
-
- It is important to understand what the law means by wire or electronic
- communication. A wire communication is any communication over a telephone
- or other wire. However, the definition specifically includes cellular
- telephones and excludes cordless telephones (even though both involve the
- use of radio and wire transmission). An electronic communication includes
- all radio transmissions, but excludes cordless telephones and pagers.
-
- After making a blanket prohibition of intercepting all electronic (i.e.
- radio) transmissions, the statute lists the exceptions. The first exception
- is that it is legal to listen to all radio transmissions which are "readily
- accessible to the general public." This term is defined in the statute to
- mean radio signals which are (1) not encrypted, scrambled, carried on a
- subcarrier or other signal subsidiary to a radio transmission; (2) not
- transmitted over a common carrier communications system (such as the phone
- company); (3) not special transmissions such as point-to-point private relay
- transmissions for the broadcast services, not meant for reception by the
- general public.
-
- The next exception to the general rule is that it is legal to listen to
- all radio broadcasts "relating to ships, aircraft, vehicles or persons in
- distress." The statute also says that it is legal to listen to a broadcast
- by any governmental, law enforcement, civil defense, private land mobile or
- public safety communications system, including police and fire, which are
- readily accessible to the general public. It is also legal to listen to
- transmissions on the amateur bands, citizens band or general mobile radio
- services as well as any marine or aeronautical communications system and
- cordless telephone transmission.
-
- Finally, it is not illegal to intercept satellite transmissions of
- cable programming as long as the transmission is not encrypted, there is no
- monetary gain by the viewer, and there is no marketing system available
- (meaning no one is selling the rights to view the programming via
- satellite).
-
- There is also an interesting section of the statute which may provide a
- loophole for lawyers defending clients charged with a violation of this law.
- The statute says that it is not illegal to intercept a radio transmission
- which is causing interference with any lawfully operating station (including
- ham radio operators), or is causing interference with any consumer
- electronic equipment, to the extent necessary to identify the source of the
- interference. I can see a lawyer arguing that his client was only listening
- to that cellular telephone transmission because it was interfering with his
- client's reception on the 23 centimeter band.
-
- After all of the exceptions are carved out, the bottom line is that the
- only radio frequency transmissions which are off limits are those which are
- not readily accessible to the general public, as that term is defined in the
- statute. The definition of "readily accessible to the general public" is
- stated in the statute as follows:
-
- (a) not scrambled or encrypted;
-
- (b) not transmitted using modulation techniques whose essential
- parameters have been withheld from the public with the intention
- of preserving the privacy of such communication;
-
- (c) not carried on a subcarrier or other signal subsidiary to a radio
- transmission;
-
- (d) not transmitted over a communication system provided by a common
- carrier, unless the communication is a tone only paging system
- communication;
-
- (e) not transmitted on frequencies allocated under part 25; subpart
- D,E, or F of part 74; or part 94 of the Rules of the Federal
- Communications Commission, unless, in the case of a communication
- transmitted on a frequency allocated under part 74 that is not
- exclusively allocated to broadcast auxiliary services, the
- communication is a two-way voice communication by radio.
-
- The first two of these are no problem. If the signal is scrambled,
- law-abiding DXers will leave it alone. Paragraph (c) begins the real
- restrictions on DXers. Under the statutory definition, signals on a
- subcarrier, such as the types being experimented with in television at the
- moment, are not readily accessible to the general public and are not
- permitted listening.
-
- The next section poses the greatest problem for DXers. Under the
- definition, any signal, other than a tone, which is transmitted by a common
- carrier is off limits. The FCC defines a common carrier as "any person
- engaged in rendering communication service for hire to the public." (47 CFR
- 21.2) The statutory definition given in 47 U.S.C. 153(h) is a bit more
- specific in that it specifically excludes radio broadcasters who, through
- sale of commercials, do render a communication service for hire. But, even
- with the removal of broadcasters, this definition is very broad and will
- include, beyond obvious services such as cellular telephone, just about
- every utility station on the face of the earth.
-
- The types of radio transmissions made off limits to DXers by paragraph
- (e) are certain satellite communications, certain microwave communications,
- and auxiliary stations to broadcasters used for such things as feeds from
- the mobile van back to the studio or from the studio to the transmitter.
- The frequencies of these services are all above 1 Gigahertz except for the
- bands 928-929 MHz and 944-960 Mhz. The exception to this is the frequency
- assignment given to remote broadcast pickup stations under subpart D of part
- 74. This service, which is off-limits to DXers, is assigned bits and pieces
- of the radio spectrum from 1606 kHz through 455.925 Mhz. Twenty-six
- frequencies in the shortwave bands are allocated to this service. The
- allocations are scattered between 25.87 Mhz and 26.47 Mhz, but unless you
- have a copy of the FCC Rules and Regulations, there is no easy way for a
- DXer to know that listening to these transmissions is a federal offense.
-
- This is precisely why I maintain that this law is unenforceable. In
- order for a prosecution under 18 U.S.C. 2511 to be successful, the
- government must prove beyond a reasonable doubt that the DXer intentionally
- intercepted a protected transmission. Since even attorneys are unsure what
- frequencies are off-limits, how can the government hope to prove that a DXer
- who happens upon one of these federally-legislated minefields in the radio
- spectrum, actually intended to do so?
-
- It should be noted that the Communications Act of 1934 (47 U.S.C. 605)
- has not been repealed by the new law. It is still illegal, as it has been
- since at least 1934, to divulge the contents of any transmission except for
- general broadcast stations, amateur radio and CB transmissions, and
- transmissions relating to ships, aircraft, vehicles or persons in distress.
- A recent case (Edwards v. State Farm Insurance Co., 833 F.2d 535) concluded
- that in order to prove an offense under this statute, the speaker must have
- held a subjective expectation of privacy that was justifiable under the
- circumstances.
-
- I hope that this brief trip through the legal maze of communications
- privacy has been useful. I can see the day coming when some industrious
- lawyer, defending a client of means, decides to challenge this unjust law.
- The basis is very simple. Just as there is no Fourth Amendment right of
- privacy where there is no reasonable expectation of privacy, so too there
- should not be a statutory right of privacy where anyone with a receiver can
- listen in. To use an analogy, the providers of cellular service want the
- right to parade down Main Street with no clothes on and then prosecute
- anyone who looks. This is simply unfair and unrealistic.
-
- And beyond that, our First Amendment freedom of speech has a corollary
- freedom to be informed and to gather information. This freedom must extend
- to the spoken as well as the printed word, as long as no reasonable
- expectations of privacy are violated. Anyone with a receiver should be
- entitled to hear anything which is broadcast in the clear over the "public"
- airwaves for the simple reason that it is not reasonable for anyone to
- transmit in this manner and expect this transmission to be private. An
- expectation of privacy can only be achieved by scrambling the signal, not by
- governmental decree.
-
- -------------------------------------------------------------------------------
- FRANK TERRANELLA is an attorney, ham radio operator and short wave listener
- (not necessarily in that order).
-
-
- ===============================================================================
-
- Modifying two scanners for cellular reception
-
- ===============================================================================
-
- The word "modifying" in this case is wrong. That implies that there is a
- _conversion_ process whereby you can cause your scanner to suddenly begin
- receiving cellular mobile telephone calls. This is wrong thinking. A
- scanner that is _designed_ to receive those frequencies above 512 MHz can
- have those frequencies RESTORED (_sometimes_). A scanner that covers from
- 30-512 MHz can NEVER receive 800-900 MHz frequencies without the aid of an
- external RF converter. Many times you will see messages from people asking
- how to modify such-and-such a receiver to pick up CMT. The sad truth is,
- the answer is $$$, as that's what it will take to get a new scanner that
- covers those frequencies. Some older scanners (most of them, in fact), have
- no "modifications" so that they will cover these frequencies. There may be
- cosmetic improvements, such as the addition of an S-meter, or squelch or
- tone improvement, but there will never, ever be anything that can be done to
- most of them to make them cover CMT. The PRO-2004/2005/34 receivers
- originally had those frequencies, but had them blocked out. Restoring those
- frequencies was simply a matter of _unblocking_ them. There was really no
- "modifying" taking place. If a scanner was never intended to cover 800 MHz,
- it never will. You can get RF converters that will convert 800-912 MHz down
- to 400-512 MHz, however, and these should work on all scanners.
-
- MOST SCANNERS CANNOT BE MODIFIED OR CHANGED TO RECEIVE THE CMT FREQUENCIES.
-
- There are a handful of exceptions to this. It started out with the
- Realistic PRO-2004 and the PRO-34, and went to the PRO-2005. To restore CMT
- for the 2004, open the radio and turn it upside down. You'll see a large
- metal box. Carefully remove the cover. Find diode D-513. It may be in the
- line of diodes, or it may be on the bottom of the PC board, in which case
- you'll have to VERY carefully remove the board. In either case, the cure is
- the same. Clip one leg of D-513 to restore CMT frequencies. If you're
- careful, you can unsolder this diode and place it in the empty spot at
- D-510. That will give you 400 channels instead of 300. For the PRO-2005,
- the procedure is identical, except you clip one leg of D-502 to restore
- cellular reception. In the 2004, put a 1N914 diode in D-514 and you'll
- increase your scan/search speed by 25%. Watch your diode polarity! For the
- PRO-2005, it's D-501, which is on the display board behind the keyboard.
- Adding D-504 to the PRO-2005 will DELETE 66-88 MHz coverage -- TV channels,
- radio control, etc., so don't add D-504!!!!
-
- As far as is known, there is no channel expansion capability on the order of
- the PRO-2004 for the PRO-2005. 400 channels appears to be its limit. The
- PRO-34 handheld can also have CMT restored, and all can be modified to
- receive 6,400 channels (3,200 on the PRO-34), but that's beyond the
- capability of this article. I could have typed in the directions for
- restoring CMT to the PRO-34, but you really need pictures to go with the
- modification. The original article was in "Popular Communications." All
- these are described in great detail in the "Scanner Modification Handbook"
- by Bill Cheek, available from CRB Research Books, Inc., PO Box 56, Commack,
- New York, 11725. It's $17.95 + $2.00 postage and handling, but is well
- worth the price due to the treasure trove of info that's in it.
-