FEBRUARY 27, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. STAGGERS, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H.R. 14910] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H.R. 14910) to amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE The purpose of the bill is to authorize the Federal Communications Commission to prescribe reasonable regulations governing the interference potential of certain devices capable of interfering with radio. communication.1 SUMMARY OF BILL The bill would add a new section 302 to the Communication Act of 1934. Under the new section, the Federal Communications Commission is empowered, consistent with the public interest, convenience, and necessity, to prescribe reasonable regulations governing the interference potential of devices capable of emitting radio energy which could cause harmful interference to radio communications. These regulations would be applicable to the manufacture, importation, sale or offering for sale, shipment, or use of such devices. However, such regulations would not be applicable to (1) carriers transporting such devices without trading in them; (2) devices in 1 Under the Communications Act of 1934 the term "radio communication" is defined to include television signals. The terms "radio communication" and "radio" are used in this sense throughout this report. tended solely for export; (3) devices constructed by electric utilities for their own use; or (4) devices for the use of the Federal Government. The legislation also provides that such devices for the use of the Federal Government be designed so as to reduce radio interference, taking into account the needs of the national defense and security. EXISTING LAW Sections 301 (d) and 303 (f) of the Communications Act of 1934 authorize the Federal Communications Commission to, respectively, (1) prohibit the use of devices which cause interference to radio communications, and (2) prevent interference between radio stations. However, the Communications Act does not presently authorize the FCC to prescribe regulations to require that devices capable of emitting radio frequency energy must be designed to avoid interference with radio communications. Thus, the FCC must now proceed on a case-by-case basis to locate devices which cause radio interference and stop such interference. INTERFERING DEVICES The complexity of the FCC task can be seen when the devices capable of causing radio interference are listed. Such devices include among others, electronic garage door openers, certain electronic toys, high-powered electronic heaters, diathermy machines, welders, radio and television receivers, ultrasonic cleaners, and remote control devices for such equipment as industrial cranes. Other devices are constantly being added to this list as modern technology develops and expands. TIME CONSUMED IN TRACING INTERFERING DEVICES Another perspective on the problem is gained from the fact that in fiscal year 1966 over 150,000 man-hours of time were devoted to tracing and eliminating interference of all types. In fiscal year 1967, about 40,000 complaints involving radio interference were received by the FCC. Furthermore, many cases of interference are never brought to the attention of the FCC and are therefore not reflected in this number. An actual case related by the representative of the Federal Aviation Administration in the hearings on this legislation aptly shows how tracing devices causing radio interference can be so time consuming. Let me describe how one segment of the aviation radio spectrum is affected by an unregulated radio device, such as the garage door opener. Each authorized user in this band needs only a small portion of the spectrum to operate on. The garage door opener radiates energy over a large portion of the band, thus, in a sense, contaminates the spectrum. At present, where radio frequency interference affects navaid performance or voice communications, the source of the interference must be located through aerial inspection and use of radio vans on the ground. When the source is located, action must be taken against the operator of the interfering device to shut down the device or have it modified to eliminate the interference. Some time ago, in the Los Alamitos area of California, a serious. amount of interference was noted on 243 megacycles, the frequency used for emergency communications, and on 282 megacycles, the homer frequency for the Los Alamitos Naval Air Station. A task force consisting of Navy, FAA, and FCC personnel, undertook to locate the offending devices and take action to eliminate their effects. This team, using ground vans, automobiles, and a helicopter, located 58 garage door openers emitting interfering signals. Those 58 devices were only a small percentage of the total offenders and it took a week to locate that number. The cost of this operation to the Government was about $100 per garage door opener closed down. This example illustrates the cumbersome, costly, and only partially effective measures that must be utilized to get at and to eliminate interfering devices under current law. If either H.R. 14910 or H.R. 9665 were enacted, however, a much more effective and much less expensive means of eliminating interference would be available, namely, regulation of the manufacture of such devices. We therefore strongly urge enactment of this legislation. COMMUNICATIONS AFFECTED The communications which are interfered with by poorly designed devices which emit undesired radio frequency energy are almost as diverse and numerous as the devices causing the interference. Space communications.-A vitally important field which must remain free of radio interference is that involving radio communications with satellites and vehicles in outer space There has already been at least one instance of serious interference with space communication. This occurred in December 1965 when Gemini 7 was in orbit. The Corpus Christi, Tex., tracking station lost contact with Astronauts Bowman and Lovell because of interference caused by a winch truck in a nearby steelyard. The Federal Government had to go to court to get a temporary restraining order in order to halt this interference. Radio astronomy requires freedom from radio interference in order to be effective. For this purpose a "radio quiet zone," where the use of electronic devices is carefully regulated, has been established in the State of West Virginia. Air traffic control. The representative of the Federal Aviation Administration also detailed how undesired radio interference creates a hazard to air traffic. Thus, radio interference has from time to time caused the abandonment of air navigational aids in certain sectors. There is also a continuing threat that radio interference could cause a fatal error to a pilot relying on an instrument landing system (ILS) during a landing in bad weather. Numerous other types of air navigational facilities are operated by the FAA which are susceptible to radio interference. Included are short- and long-range radar, distancemeasuring equipment, TACAN bearing and distance equipment, and direction-finding equipment. Radio interference also creates problems in radio voice communications between air traffic controllers and pilots which can easily result in disaster. For example, radio interference could prevent a warning of an impending collision. Land mobile radio service.-One of the most congested portions of the electromagnetic spectrum is that devoted to the land mobile radio service. Relief for this service is under continuing active consideration by both the communications industry and the Federal Government. Both police and fire department use of radio falls within this service. While it will not solve the problem of congestion, the diminution of radio interference would contribute significantly to making radio communications which have a direct impact on the preservation of life and property more effective. Radio and television reception.-The diminution of radio interference which would result from enactment of this legislation would also have a direct benefit for numerous radio listeners and television viewers who are the victims of static, garbled signals, and fluttering images caused by radio interference. BENEFIT FOR CONSUMERS Another victim of the present system for preventing radio interference is the innocent purchaser of a device which emits radiofrequency interference. Quite reasonably, he assumes that because the device is available for purchase it can legally be operated for its intended use. Such, unfortunately, is not the case if the device interferes with radio communications. At best he may be required to modify the device to prevent the emissions. On the other hand, the device may not be susceptible of modification and in addition to losing use of the device he may have to bear the expense of defending administrative proceedings brought against him." It should be noted that many manufacturers have cooperated with the FCC in designing devices to prevent emissions of radiofrequency energy which would cause harmful interference. In many instances, this places the cooperating manufacturer under a disadvantage in competing with less scrupulous manufacturers of similar devices. REGULATIONS Commissioner Robert E. Lee, in testifying at the hearing on this legislation on behalf of the FCC, stated that regulations would be prescribed first with respect to those devices creating the most serious interference problems. In many instances, these proposed regulations will be existing technical standards which the FCC has formulated for radiation devices. In formulating proposed new regulations, the FCC would consult with the affected industry on the standards and on such other matters as changeover periods. Before promulgating any regulations the FCC would give public notice of the rulemaking proceedings and interested persons, including all segments of the industry affected by the regulations, would be afforded an ample opportunity to comment on them. The regulations prescribed under this authority would, of course, be concerned only with the performance of the devices to which they are applicable in terms of their potential for interfering with radio communications. They would not be applicable to the design or manner of production of such devices. HEARING Hearings were held on the bill on February 6, 1968, before the Subcommittee on Communications and Power. Commissioner Robert E. Lee appeared on behalf of the Federal Communications Commission. A representative of the Federal Aviation Administration appeared in its behalf. Both witnesses urged enactment of this legislation. No one appeared in opposition to the legislation. COST The committee is informed that this legislation will not result in any increase in costs to the Federal Government. Through reducing the volume of cases of radio interference which would otherwise have to be investigated, it should in the years ahead result in savings to the Federal Government. CONCLUSION This legislation has been unanimously reported to the House by the committee. The committee strongly recommends its enactment. AGENCY REPORTS EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., February 15, 1968. Hon. HARLEY O. STAGGERS, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Rayburn House Office Building, Washington, D.Č. DEAR MR. CHAIRMAN: This is in response to the request for the views of the Bureau of the Budget on H.R. 14910, a bill to amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception. Like H.R. 9665, whose enactment the Bureau recommended in a July 10, 1967, letter to your committee, H.R. 14910 would give the Federal Communications Commission authority to deal with radio. communication interference problems caused by electronic and electrical devices. Under present law, the Commission may only control interference from such devices after they are installed. H.R. 14910 would give it authority to insure that equipment capable of causing harmful radio interference is properly designed before it reaches the market. The Bureau of the Budget recommends enactment of H.R. 14910. Sincerely yours, WILFRED H. ROMMEL, Assistant Director for Legislative Reference. |