[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1615 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1615
To amend the Communications Act of 1934 to establish procedures for the
discontinuance of mobile radio services to persons engaged in drug
trafficking, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 1993
Mrs. Collins of Illinois introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to establish procedures for the
discontinuance of mobile radio services to persons engaged in drug
trafficking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Drug Enforcement
Act of 1993''.
SEC. 2. DISCONTINUANCE OF MOBILE RADIO SERVICE.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 335. DISCONTINUANCE OF MOBILE RADIO SERVICE PURSUANT TO COURT
ORDER.
``(a) Application.--An application for an order requiring a public
or private mobile radio services licensee to discontinue service to a
mobile radio unit may be made, in writing under oath or equivalent
affirmation, to a court of competent jurisdiction by--
``(1) an attorney for the Government; or
``(2) unless prohibited by State law, a State investigative
or law enforcement officer.
``(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
investigating the user of the mobile radio unit; and
``(2) 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, the identity, if known,
of the user of the mobile radio unit, the telephone number
assigned to the mobile radio unit, and the electronic serial
number, if known, of the mobile radio unit.
``(c) Issuance of an Order To Discontinue Service to a Mobile Radio
Unit.--
``(1) In general.--(A) Upon an application made under this
section, the court shall enter an ex parte order requiring a
public or private mobile radio services licensee to discontinue
service to a mobile radio unit if the court determines, on the
basis of the facts submitted by the applicant, that there is
probable cause to believe that the mobile radio unit is being
used for the purpose of transmitting or receiving information
in connection with the manufacture, distribution, importation,
exportation, or sale of a controlled substance in violation of
Federal, State, or local law.
``(B) The court may require the applicant to furnish
additional testimony or documentary evidence in support of the
application.
``(2) Contents of the order.--An order under this section
shall specify--
``(A) the identity, if known, of the person whose
mobile radio service is to be discontinued;
``(B) the telephone number assigned to the mobile
radio unit;
``(C) the electronic serial number, if known, of
the mobile radio unit; and
``(D) the effective date of the discontinuance of
service, no earlier than 10 days after the order is
issued.
``(d) Customer Notification.--Notice to the person whose mobile
radio service is being discontinued shall be made by the law
enforcement agency which made the application under this section within
three days of the court's issuing its order.
``(e) Preservation of Remedies.--Nothing in subsection (c) of this
section shall be deemed to prejudice the right of any person affected
thereby to secure an appropriate determination, as otherwise provided
by law, in a Federal court or a State court, that mobile radio service
to such person should not be discontinued or refused or should be
restored.
``(f) Limitation on Liability.--No cause of action shall lie in any
court against any public or private mobile radio services licensee, its
officers, employees, agents, or other specified persons for
discontinuing or refusing mobile radio services in accordance with a
court order specified in subsection (c) of this section.
``(g) Defense.--A good faith reliance by any public or private
mobile radio service licensee on a court order specified in subsection
(b) is a complete defense against any civil or criminal action brought
under any law.
``(h) Operation Standards for Licensees.--The Federal
Communications Commission shall, within 180 days after the date of
enactment of this section, prescribe regulations--
``(1) establishing minimum operating standards to ensure
compliance with the requirements of this section by public or
private mobile radio service licensees;
``(2) establishing, consistent with the public interest,
standards regarding cooperation by such licensees with law
enforcement authorities for the detection of activities
described in subsection (c)(1)(A);
``(3) including minimum recordkeeping requirements for the
purposes described in paragraphs (1) and (2); and
``(4) prescribing procedures for the Commission to verify
compliance with such regulations.''.
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