3622 lines
176 KiB
Plaintext
3622 lines
176 KiB
Plaintext
This file is Public Domain, July, 1988 -- Distribution unlimited.
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-----------------------------------------------------------------
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Revision: March, 1989 (Part 2 added)
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-----------------------------------------------------------------
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Revision: April, 1989 (Part 3 added)
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-----------------------------------------------------------------
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Revision: December, 1988 (Part 4 added)
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-----------------------------------------------------------------
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Revision: March, 1990 (Part 5 added)
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-----------------------------------------------------------------
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Revision: March, 1989 (Part 6 added)
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-----------------------------------------------------------------
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Revision: June, 1990 (Part 7 added)
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-----------------------------------------------------------------
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CONTENTS:
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Part 1 - Cellular phone channel construction
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Part 2 - Cellular phone frequency and cell construction
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Part 3 - The Electronic Communications Privacy Act and CMT
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Part 4 - The ECPA
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Part 5 - A lawyer's review and perspective of the ECPA
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Part 6 - Modifying two scanners for cellular reception
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Part 7 - How to discover other scanner modifications
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===============================================================================
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Cellular phone channel construction
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===============================================================================
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Here is a method of determining which frequencies are used in a cellular
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system, and which ones are in what cells. If the system uses OMNICELLS, as
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most do, you can readily find all the channels in a cell if you know just one
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of them, using tables constructed with the instructions below.
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Cellular frequencies are assigned by channel number, and for all channel
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numbers, in both wireline and non-wireline systems, the formula is:
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Transmit Frequency = (channel number x .030 MHz) + 870 MHz
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Receive Frequency = (channel number x .030 Mhz) + 825 Mhz
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"Band A" (one of the two blocks) uses channels 1 - 333. To construct a
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table showing frequency by cells, use channel 333 as the top left corner of a
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table. The next entry to the right of channel 333 is 332, the next is 331,
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etc., down to channel 313. Enter channel 312 underneath 333, 311 under 332,
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etc. Each channel across the top row is the first channel in each CELL of the
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system; each channel DOWN from the column from the the first channel is the
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next frequency assigned to that cell. You may have noted that each channel
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down is 21 channels lower in number. Usually the data channel used is the
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highest numbered channel in a cell.
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"Band B" uses channels from 334 to 666. Construct your table in a similar
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way, with channel 334 in the upper left corner, 335 the next entry to the
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right. The data channel should be the lowest numbered channel in each cell
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this time.
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Cellular Phone Band A (Channel 1 is Data)
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Cell # 1
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--------------------------------------------------
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Channel 1 (333) Tx 879.990 Rx 834.990
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Channel 2 (312) Tx 879.360 Rx 834.360
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Channel 3 (291) Tx 878.730 Rx 833.730
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Channel 4 (270) Tx 878.100 Rx 833.100
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Channel 5 (249) Tx 877.470 Rx 832.470
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Channel 6 (228) Tx 876.840 Rx 831.840
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Channel 7 (207) Tx 876.210 Rx 831.210
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Channel 8 (186) Tx 875.580 Rx 830.580
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Channel 9 (165) Tx 874.950 Rx 829.950
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Channel 10 (144) Tx 874.320 Rx 829.320
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Channel 11 (123) Tx 873.690 Rx 828.690
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Channel 12 (102) Tx 873.060 Rx 828.060
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Channel 13 (81) Tx 872.430 Rx 827.430
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Channel 14 (60) Tx 871.800 Rx 826.800
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Channel 15 (39) Tx 871.170 Rx 826.170
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Channel 16 (18) Tx 870.540 Rx 825.540
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Cell # 2
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--------------------------------------------------
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Channel 1 (332) Tx 879.960 Rx 834.960
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Channel 2 (311) Tx 879.330 Rx 834.330
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Channel 3 (290) Tx 878.700 Rx 833.700
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Channel 4 (269) Tx 878.070 Rx 833.070
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Channel 5 (248) Tx 877.440 Rx 832.440
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Channel 6 (227) Tx 876.810 Rx 831.810
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Channel 7 (206) Tx 876.180 Rx 831.180
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Channel 8 (185) Tx 875.550 Rx 830.550
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Channel 9 (164) Tx 874.920 Rx 829.920
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Channel 10 (143) Tx 874.290 Rx 829.290
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Channel 11 (122) Tx 873.660 Rx 828.660
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Channel 12 (101) Tx 873.030 Rx 828.030
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Channel 13 (80) Tx 872.400 Rx 827.400
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Channel 14 (59) Tx 871.770 Rx 826.770
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Channel 15 (38) Tx 871.140 Rx 826.140
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Channel 16 (17) Tx 870.510 Rx 825.510
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Cell # 3
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--------------------------------------------------
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Channel 1 (331) Tx 879.930 Rx 834.930
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Channel 2 (310) Tx 879.300 Rx 834.300
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Channel 3 (289) Tx 878.670 Rx 833.670
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Channel 4 (268) Tx 878.040 Rx 833.040
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Channel 5 (247) Tx 877.410 Rx 832.410
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Channel 6 (226) Tx 876.780 Rx 831.780
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Channel 7 (205) Tx 876.150 Rx 831.150
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Channel 8 (184) Tx 875.520 Rx 830.520
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Channel 9 (163) Tx 874.890 Rx 829.890
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Channel 10 (142) Tx 874.260 Rx 829.260
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Channel 11 (121) Tx 873.630 Rx 828.630
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Channel 12 (100) Tx 873.000 Rx 828.000
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Channel 13 (79) Tx 872.370 Rx 827.370
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Channel 14 (58) Tx 871.740 Rx 826.740
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Channel 15 (37) Tx 871.110 Rx 826.110
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Channel 16 (16) Tx 870.480 Rx 825.480
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Cell # 4
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--------------------------------------------------
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Channel 1 (330) Tx 879.900 Rx 834.900
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Channel 2 (309) Tx 879.270 Rx 834.270
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Channel 3 (288) Tx 878.640 Rx 833.640
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Channel 4 (267) Tx 878.010 Rx 833.010
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Channel 5 (246) Tx 877.380 Rx 832.380
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Channel 6 (225) Tx 876.750 Rx 831.750
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Channel 7 (204) Tx 876.120 Rx 831.120
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Channel 8 (183) Tx 875.490 Rx 830.490
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Channel 9 (162) Tx 874.860 Rx 829.860
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Channel 10 (141) Tx 874.230 Rx 829.230
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Channel 11 (120) Tx 873.600 Rx 828.600
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Channel 12 (99) Tx 872.970 Rx 827.970
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Channel 13 (78) Tx 872.340 Rx 827.340
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Channel 14 (57) Tx 871.710 Rx 826.710
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Channel 15 (36) Tx 871.080 Rx 826.080
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Channel 16 (15) Tx 870.450 Rx 825.450
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Cell # 5
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--------------------------------------------------
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Channel 1 (329) Tx 879.870 Rx 834.870
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Channel 2 (308) Tx 879.240 Rx 834.240
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Channel 3 (287) Tx 878.610 Rx 833.610
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Channel 4 (266) Tx 877.980 Rx 832.980
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Channel 5 (245) Tx 877.350 Rx 832.350
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Channel 6 (224) Tx 876.720 Rx 831.720
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Channel 7 (203) Tx 876.090 Rx 831.090
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Channel 8 (182) Tx 875.460 Rx 830.460
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Channel 9 (161) Tx 874.830 Rx 829.830
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Channel 10 (140) Tx 874.200 Rx 829.200
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Channel 11 (119) Tx 873.570 Rx 828.570
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Channel 12 (98) Tx 872.940 Rx 827.940
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Channel 13 (77) Tx 872.310 Rx 827.310
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Channel 14 (56) Tx 871.680 Rx 826.680
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Channel 15 (35) Tx 871.050 Rx 826.050
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Channel 16 (14) Tx 870.420 Rx 825.420
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Cell # 6
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--------------------------------------------------
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Channel 1 (328) Tx 879.840 Rx 834.840
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Channel 2 (307) Tx 879.210 Rx 834.210
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Channel 3 (286) Tx 878.580 Rx 833.580
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Channel 4 (265) Tx 877.950 Rx 832.950
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Channel 5 (244) Tx 877.320 Rx 832.320
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Channel 6 (223) Tx 876.690 Rx 831.690
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Channel 7 (202) Tx 876.060 Rx 831.060
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Channel 8 (181) Tx 875.430 Rx 830.430
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Channel 9 (160) Tx 874.800 Rx 829.800
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Channel 10 (139) Tx 874.170 Rx 829.170
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Channel 11 (118) Tx 873.540 Rx 828.540
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Channel 12 (97) Tx 872.910 Rx 827.910
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Channel 13 (76) Tx 872.280 Rx 827.280
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Channel 14 (55) Tx 871.650 Rx 826.650
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Channel 15 (34) Tx 871.020 Rx 826.020
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Channel 16 (13) Tx 870.390 Rx 825.390
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Cell # 7
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--------------------------------------------------
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Channel 1 (327) Tx 879.810 Rx 834.810
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Channel 2 (306) Tx 879.180 Rx 834.180
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Channel 3 (285) Tx 878.550 Rx 833.550
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Channel 4 (264) Tx 877.920 Rx 832.920
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Channel 5 (243) Tx 877.290 Rx 832.290
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Channel 6 (222) Tx 876.660 Rx 831.660
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Channel 7 (201) Tx 876.030 Rx 831.030
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Channel 8 (180) Tx 875.400 Rx 830.400
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Channel 9 (159) Tx 874.770 Rx 829.770
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Channel 10 (138) Tx 874.140 Rx 829.140
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Channel 11 (117) Tx 873.510 Rx 828.510
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Channel 12 (96) Tx 872.880 Rx 827.880
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Channel 13 (75) Tx 872.250 Rx 827.250
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Channel 14 (54) Tx 871.620 Rx 826.620
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Channel 15 (33) Tx 870.990 Rx 825.990
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Channel 16 (12) Tx 870.360 Rx 825.360
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Cell # 8
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--------------------------------------------------
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Channel 1 (326) Tx 879.780 Rx 834.780
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Channel 2 (305) Tx 879.150 Rx 834.150
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Channel 3 (284) Tx 878.520 Rx 833.520
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Channel 4 (263) Tx 877.890 Rx 832.890
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Channel 5 (242) Tx 877.260 Rx 832.260
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Channel 6 (221) Tx 876.630 Rx 831.630
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Channel 7 (200) Tx 876.000 Rx 831.000
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Channel 8 (179) Tx 875.370 Rx 830.370
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Channel 9 (158) Tx 874.740 Rx 829.740
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Channel 10 (137) Tx 874.110 Rx 829.110
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Channel 11 (116) Tx 873.480 Rx 828.480
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Channel 12 (95) Tx 872.850 Rx 827.850
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Channel 13 (74) Tx 872.220 Rx 827.220
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Channel 14 (53) Tx 871.590 Rx 826.590
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Channel 15 (32) Tx 870.960 Rx 825.960
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Channel 16 (11) Tx 870.330 Rx 825.330
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Cell # 9
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--------------------------------------------------
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Channel 1 (325) Tx 879.750 Rx 834.750
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Channel 2 (304) Tx 879.120 Rx 834.120
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Channel 3 (283) Tx 878.490 Rx 833.490
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Channel 4 (262) Tx 877.860 Rx 832.860
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Channel 5 (241) Tx 877.230 Rx 832.230
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Channel 6 (220) Tx 876.600 Rx 831.600
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Channel 7 (199) Tx 875.970 Rx 830.970
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Channel 8 (178) Tx 875.340 Rx 830.340
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Channel 9 (157) Tx 874.710 Rx 829.710
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Channel 10 (136) Tx 874.080 Rx 829.080
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Channel 11 (115) Tx 873.450 Rx 828.450
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Channel 12 (94) Tx 872.820 Rx 827.820
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Channel 13 (73) Tx 872.190 Rx 827.190
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Channel 14 (52) Tx 871.560 Rx 826.560
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Channel 15 (31) Tx 870.930 Rx 825.930
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Channel 16 (10) Tx 870.300 Rx 825.300
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Cell # 10
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--------------------------------------------------
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Channel 1 (324) Tx 879.720 Rx 834.720
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Channel 2 (303) Tx 879.090 Rx 834.090
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Channel 3 (282) Tx 878.460 Rx 833.460
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Channel 4 (261) Tx 877.830 Rx 832.830
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Channel 5 (240) Tx 877.200 Rx 832.200
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Channel 6 (219) Tx 876.570 Rx 831.570
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Channel 7 (198) Tx 875.940 Rx 830.940
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Channel 8 (177) Tx 875.310 Rx 830.310
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Channel 9 (156) Tx 874.680 Rx 829.680
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Channel 10 (135) Tx 874.050 Rx 829.050
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Channel 11 (114) Tx 873.420 Rx 828.420
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Channel 12 (93) Tx 872.790 Rx 827.790
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Channel 13 (72) Tx 872.160 Rx 827.160
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Channel 14 (51) Tx 871.530 Rx 826.530
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Channel 15 (30) Tx 870.900 Rx 825.900
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Channel 16 (9) Tx 870.270 Rx 825.270
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Cell # 11
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--------------------------------------------------
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Channel 1 (323) Tx 879.690 Rx 834.690
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Channel 2 (302) Tx 879.060 Rx 834.060
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Channel 3 (281) Tx 878.430 Rx 833.430
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Channel 4 (260) Tx 877.800 Rx 832.800
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Channel 5 (239) Tx 877.170 Rx 832.170
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Channel 6 (218) Tx 876.540 Rx 831.540
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Channel 7 (197) Tx 875.910 Rx 830.910
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Channel 8 (176) Tx 875.280 Rx 830.280
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Channel 9 (155) Tx 874.650 Rx 829.650
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Channel 10 (134) Tx 874.020 Rx 829.020
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Channel 11 (113) Tx 873.390 Rx 828.390
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Channel 12 (92) Tx 872.760 Rx 827.760
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Channel 13 (71) Tx 872.130 Rx 827.130
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Channel 14 (50) Tx 871.500 Rx 826.500
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Channel 15 (29) Tx 870.870 Rx 825.870
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Channel 16 (8) Tx 870.240 Rx 825.240
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Cell # 12
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--------------------------------------------------
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Channel 1 (322) Tx 879.660 Rx 834.660
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Channel 2 (301) Tx 879.030 Rx 834.030
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Channel 3 (280) Tx 878.400 Rx 833.400
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Channel 4 (259) Tx 877.770 Rx 832.770
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Channel 5 (238) Tx 877.140 Rx 832.140
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Channel 6 (217) Tx 876.510 Rx 831.510
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Channel 7 (196) Tx 875.880 Rx 830.880
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Channel 8 (175) Tx 875.250 Rx 830.250
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Channel 9 (154) Tx 874.620 Rx 829.620
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Channel 10 (133) Tx 873.990 Rx 828.990
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Channel 11 (112) Tx 873.360 Rx 828.360
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Channel 12 (91) Tx 872.730 Rx 827.730
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Channel 13 (70) Tx 872.100 Rx 827.100
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Channel 14 (49) Tx 871.470 Rx 826.470
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Channel 15 (28) Tx 870.840 Rx 825.840
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Channel 16 (7) Tx 870.210 Rx 825.210
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Cell # 13
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--------------------------------------------------
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Channel 1 (321) Tx 879.630 Rx 834.630
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Channel 2 (300) Tx 879.000 Rx 834.000
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Channel 3 (279) Tx 878.370 Rx 833.370
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Channel 4 (258) Tx 877.740 Rx 832.740
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Channel 5 (237) Tx 877.110 Rx 832.110
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Channel 6 (216) Tx 876.480 Rx 831.480
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Channel 7 (195) Tx 875.850 Rx 830.850
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Channel 8 (174) Tx 875.220 Rx 830.220
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Channel 9 (153) Tx 874.590 Rx 829.590
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Channel 10 (132) Tx 873.960 Rx 828.960
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Channel 11 (111) Tx 873.330 Rx 828.330
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Channel 12 (90) Tx 872.700 Rx 827.700
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Channel 13 (69) Tx 872.070 Rx 827.070
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Channel 14 (48) Tx 871.440 Rx 826.440
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Channel 15 (27) Tx 870.810 Rx 825.810
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Channel 16 (6) Tx 870.180 Rx 825.180
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Cell # 14
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--------------------------------------------------
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Channel 1 (320) Tx 879.600 Rx 834.600
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Channel 2 (299) Tx 878.970 Rx 833.970
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Channel 3 (278) Tx 878.340 Rx 833.340
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Channel 4 (257) Tx 877.710 Rx 832.710
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Channel 5 (236) Tx 877.080 Rx 832.080
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Channel 6 (215) Tx 876.450 Rx 831.450
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Channel 7 (194) Tx 875.820 Rx 830.820
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Channel 8 (173) Tx 875.190 Rx 830.190
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Channel 9 (152) Tx 874.560 Rx 829.560
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Channel 10 (131) Tx 873.930 Rx 828.930
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Channel 11 (110) Tx 873.300 Rx 828.300
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Channel 12 (89) Tx 872.670 Rx 827.670
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Channel 13 (68) Tx 872.040 Rx 827.040
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Channel 14 (47) Tx 871.410 Rx 826.410
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Channel 15 (26) Tx 870.780 Rx 825.780
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Channel 16 (5) Tx 870.150 Rx 825.150
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Cell # 15
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--------------------------------------------------
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Channel 1 (319) Tx 879.570 Rx 834.570
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Channel 2 (298) Tx 878.940 Rx 833.940
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Channel 3 (277) Tx 878.310 Rx 833.310
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Channel 4 (256) Tx 877.680 Rx 832.680
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Channel 5 (235) Tx 877.050 Rx 832.050
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Channel 6 (214) Tx 876.420 Rx 831.420
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Channel 7 (193) Tx 875.790 Rx 830.790
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Channel 8 (172) Tx 875.160 Rx 830.160
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Channel 9 (151) Tx 874.530 Rx 829.530
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Channel 10 (130) Tx 873.900 Rx 828.900
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Channel 11 (109) Tx 873.270 Rx 828.270
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Channel 12 (88) Tx 872.640 Rx 827.640
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Channel 13 (67) Tx 872.010 Rx 827.010
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Channel 14 (46) Tx 871.380 Rx 826.380
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Channel 15 (25) Tx 870.750 Rx 825.750
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Channel 16 (4) Tx 870.120 Rx 825.120
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Cell # 16
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--------------------------------------------------
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Channel 1 (318) Tx 879.540 Rx 834.540
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Channel 2 (297) Tx 878.910 Rx 833.910
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Channel 3 (276) Tx 878.280 Rx 833.280
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Channel 4 (255) Tx 877.650 Rx 832.650
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Channel 5 (234) Tx 877.020 Rx 832.020
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Channel 6 (213) Tx 876.390 Rx 831.390
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Channel 7 (192) Tx 875.760 Rx 830.760
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Channel 8 (171) Tx 875.130 Rx 830.130
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Channel 9 (150) Tx 874.500 Rx 829.500
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Channel 10 (129) Tx 873.870 Rx 828.870
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Channel 11 (108) Tx 873.240 Rx 828.240
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||
Channel 12 (87) Tx 872.610 Rx 827.610
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Channel 13 (66) Tx 871.980 Rx 826.980
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Channel 14 (45) Tx 871.350 Rx 826.350
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Channel 15 (24) Tx 870.720 Rx 825.720
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Channel 16 (3) Tx 870.090 Rx 825.090
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Cell # 17
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--------------------------------------------------
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Channel 1 (317) Tx 879.510 Rx 834.510
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Channel 2 (296) Tx 878.880 Rx 833.880
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Channel 3 (275) Tx 878.250 Rx 833.250
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Channel 4 (254) Tx 877.620 Rx 832.620
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Channel 5 (233) Tx 876.990 Rx 831.990
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||
Channel 6 (212) Tx 876.360 Rx 831.360
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Channel 7 (191) Tx 875.730 Rx 830.730
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||
Channel 8 (170) Tx 875.100 Rx 830.100
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||
Channel 9 (149) Tx 874.470 Rx 829.470
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||
Channel 10 (128) Tx 873.840 Rx 828.840
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||
Channel 11 (107) Tx 873.210 Rx 828.210
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||
Channel 12 (86) Tx 872.580 Rx 827.580
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||
Channel 13 (65) Tx 871.950 Rx 826.950
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||
Channel 14 (44) Tx 871.320 Rx 826.320
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||
Channel 15 (23) Tx 870.690 Rx 825.690
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||
Channel 16 (2) Tx 870.060 Rx 825.060
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||
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Cell # 18
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||
--------------------------------------------------
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||
Channel 1 (316) Tx 879.480 Rx 834.480
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Channel 2 (295) Tx 878.850 Rx 833.850
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||
Channel 3 (274) Tx 878.220 Rx 833.220
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||
Channel 4 (253) Tx 877.590 Rx 832.590
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||
Channel 5 (232) Tx 876.960 Rx 831.960
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||
Channel 6 (211) Tx 876.330 Rx 831.330
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||
Channel 7 (190) Tx 875.700 Rx 830.700
|
||
Channel 8 (169) Tx 875.070 Rx 830.070
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||
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 Ŀ
|
||
889.680 889.710 889.740 889.770 889.800 889.830 889.860 <20>
|
||
889.470 889.500 889.530 889.560 889.590 889.620 889.650 <20>
|
||
889.260 889.290 889.320 889.350 889.380 889.410 889.440 <20>
|
||
889.050 889.080 889.110 889.140 889.170 889.200 889.230 <20>
|
||
888.840 888.870 888.900 888.930 888.960 888.990 889.020 <20>
|
||
888.630 888.660 888.690 888.720 888.750 888.780 888.810 <20>
|
||
888.420 888.450 888.480 888.510 888.540 888.570 888.600 <20>
|
||
888.210 888.240 888.270 888.300 888.330 888.360 888.390 <20>
|
||
888.000 888.030 888.060 888.090 888.120 888.150 888.180 <20>
|
||
887.790 887.820 887.850 887.880 887.910 887.940 887.970 <20>
|
||
887.580 887.610 887.640 887.670 887.700 887.730 887.760 <20>
|
||
887.370 887.400 887.430 887.460 887.490 887.520 887.550 <20>
|
||
887.160 887.190 887.220 887.250 887.280 887.310 887.340 <20>
|
||
886.950 886.980 887.010 887.040 887.070 887.100 887.130 <20>
|
||
886.740 886.770 886.800 886.830 886.860 886.890 886.920 <20>
|
||
886.530 886.560 886.590 886.620 886.650 886.680 886.710 <20>
|
||
886.320 886.350 886.380 886.410 886.440 886.470 886.500 <20>Voice
|
||
886.110 886.140 886.170 886.200 886.230 886.260 886.290 <20>
|
||
885.900 885.930 885.960 885.990 886.020 886.050 886.080 <20>
|
||
885.690 885.720 885.750 885.780 885.810 885.840 885.870 <20>
|
||
885.480 885.510 885.540 885.570 885.600 885.630 885.660 <20>
|
||
885.270 885.300 885.330 885.360 885.390 885.420 885.450 <20>
|
||
885.060 885.090 885.120 885.150 885.180 885.210 885.240 <20>
|
||
884.850 884.880 884.910 884.940 884.970 885.000 885.030 <20>
|
||
884.640 884.670 884.700 884.730 884.760 884.790 884.820 <20>
|
||
884.430 884.460 884.490 884.520 884.550 884.580 884.610 <20>
|
||
884.220 884.250 884.280 884.310 884.340 884.370 884.400 <20>
|
||
884.010 884.040 884.070 884.100 884.130 884.160 884.190 <20>Channels
|
||
883.800 883.830 883.860 883.890 883.920 883.950 883.980 <20>
|
||
883.590 883.620 883.650 883.680 883.710 883.740 883.770 <20>
|
||
883.380 883.410 883.440 883.470 883.500 883.530 883.560 <20>
|
||
883.170 883.200 883.230 883.260 883.290 883.320 883.350 <20>
|
||
882.960 882.990 883.020 883.050 883.080 883.110 883.140 <20>
|
||
882.750 882.780 882.810 882.840 882.870 882.900 882.930 <20>
|
||
882.540 882.570 882.600 882.630 882.660 882.690 882.720 <20>
|
||
882.330 882.360 882.390 882.420 882.450 882.480 882.510 <20>
|
||
882.120 882.150 882.180 882.210 882.240 882.270 882.300 <20>
|
||
881.910 881.940 881.970 882.000 882.030 882.060 882.090 <20>
|
||
881.700 881.730 881.760 881.790 881.820 881.850 881.880 <20>
|
||
881.490 881.520 881.550 881.580 881.610 881.640 881.670 <20>
|
||
881.280 881.310 881.340 881.370 881.400 881.430 881.460 <20>
|
||
881.070 881.100 881.130 881.160 881.190 881.220 881.250 <20>
|
||
880.860 880.890 880.920 880.950 880.980 881.010 881.040 <20>
|
||
880.650 880.680 880.710 880.740 880.770 880.800 880.830 <20><>
|
||
-------------------------------------------------------------------
|
||
880.440 880.470 880.500 880.530 880.560 880.590 880.620 ĿDigital
|
||
880.230 880.260 880.290 880.320 880.350 880.380 880.410 <20>Control
|
||
880.020 880.050 880.080 880.110 880.140 880.170 880.200 <20><>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 Ŀ
|
||
844.680 844.710 844.740 844.770 844.800 844.830 844.860 <20>
|
||
844.470 844.500 844.530 844.560 844.590 844.620 844.650 <20>
|
||
844.260 844.290 844.320 844.350 844.380 844.410 844.440 <20>
|
||
844.050 844.080 844.110 844.140 844.170 844.200 844.230 <20>
|
||
843.840 843.870 843.900 843.930 843.960 843.990 844.020 <20>
|
||
843.630 843.660 843.690 843.720 843.750 843.780 843.810 <20>
|
||
843.420 843.450 843.480 843.510 843.540 843.570 843.600 <20>
|
||
843.210 843.240 843.270 843.300 843.330 843.360 843.390 <20>
|
||
843.000 843.030 843.060 843.090 843.120 843.150 843.180 <20>
|
||
842.790 842.820 842.850 842.880 842.910 842.940 842.970 <20>
|
||
842.580 842.610 842.640 842.670 842.700 842.730 842.760 <20>
|
||
842.370 842.400 842.430 842.460 842.490 842.520 842.550 <20>
|
||
842.160 842.190 842.220 842.250 842.280 842.310 842.340 <20>
|
||
841.950 841.980 842.010 842.040 842.070 842.100 842.130 <20>
|
||
841.740 841.770 841.800 841.830 841.860 841.890 841.920 <20>
|
||
841.530 841.560 841.590 841.620 841.650 841.680 841.710 <20>
|
||
841.320 841.350 841.380 841.410 841.440 841.470 841.500 <20>Voice
|
||
841.110 841.140 841.170 841.200 841.230 841.260 841.290 <20>
|
||
840.900 840.930 840.960 840.990 841.020 841.050 841.080 <20>
|
||
840.690 840.720 840.750 840.780 840.810 840.840 840.870 <20>
|
||
840.480 840.510 840.540 840.570 840.600 840.630 840.660 <20>
|
||
840.270 840.300 840.330 840.360 840.390 840.420 840.450 <20>
|
||
840.060 840.090 840.120 840.150 840.180 840.210 840.240 <20>
|
||
839.850 839.880 839.910 839.940 839.970 840.000 840.030 <20>
|
||
839.640 839.670 839.700 839.730 839.760 839.790 839.820 <20>
|
||
839.430 839.460 839.490 839.520 839.550 839.580 839.610 <20>
|
||
839.220 839.250 839.280 839.310 839.340 839.370 839.400 <20>
|
||
839.010 839.040 839.070 839.100 839.130 839.160 839.190 <20>Channels
|
||
838.800 838.830 838.860 838.890 838.920 838.950 838.980 <20>
|
||
838.590 838.620 838.650 838.680 838.710 838.740 838.770 <20>
|
||
838.380 838.410 838.440 838.470 838.500 838.530 838.560 <20>
|
||
838.170 838.200 838.230 838.260 838.290 838.320 838.350 <20>
|
||
837.960 837.990 838.020 838.050 838.080 838.110 838.140 <20>
|
||
837.750 837.780 837.810 837.840 837.870 837.900 837.930 <20>
|
||
837.540 837.570 837.600 837.630 837.660 837.690 837.720 <20>
|
||
837.330 837.360 837.390 837.420 837.450 837.480 837.510 <20>
|
||
837.120 837.150 837.180 837.210 837.240 837.270 837.300 <20>
|
||
836.910 836.940 836.970 837.000 837.030 837.060 837.090 <20>
|
||
836.700 836.730 836.760 836.790 836.820 836.850 836.880 <20>
|
||
836.490 836.520 836.550 836.580 836.610 836.640 836.670 <20>
|
||
836.280 836.310 836.340 836.370 836.400 836.430 836.460 <20>
|
||
836.070 836.100 836.130 836.160 836.190 836.220 836.250 <20>
|
||
835.860 835.890 835.920 835.950 835.980 836.010 836.040 <20>
|
||
835.650 835.680 835.710 835.740 835.770 835.800 835.830 <20><>
|
||
-------------------------------------------------------------------
|
||
835.440 835.470 835.500 835.530 835.560 835.590 835.620 ĿDigital
|
||
835.230 835.260 835.290 835.320 835.350 835.380 835.410 <20>Control
|
||
835.020 835.050 835.080 835.110 835.140 835.170 835.200 <20><>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 ĿDigital
|
||
879.690 879.720 879.750 879.780 879.810 879.840 879.870 <20>Control
|
||
879.480 879.510 879.540 879.570 879.600 879.630 879.660 <20>Channels
|
||
------------------------------------- 879.390 879.420 879.450 <20><>
|
||
879.270 879.300 879.330 879.360 --------------------------- Ŀ
|
||
879.060 879.090 879.120 879.150 879.180 879.210 879.240 <20>
|
||
878.850 878.880 878.910 878.940 878.970 879.000 879.030 <20>
|
||
878.640 878.670 878.700 878.730 878.760 878.790 878.820 <20>
|
||
878.430 878.460 878.490 878.520 878.550 878.580 878.610 <20>
|
||
878.220 878.250 878.280 878.310 878.340 878.370 878.400 <20>
|
||
878.010 878.040 878.070 878.100 878.130 878.160 878.190 <20>
|
||
877.800 877.830 877.860 877.890 877.920 877.950 877.980 <20>
|
||
877.590 877.620 877.650 877.680 877.710 877.740 877.770 <20>
|
||
877.380 877.410 877.440 877.470 877.500 877.530 877.560 <20>
|
||
877.170 877.200 877.230 877.260 877.290 877.320 877.350 <20>
|
||
876.960 876.990 877.020 877.050 877.080 877.110 877.140 <20>
|
||
876.750 876.780 876.810 876.840 876.870 876.900 876.930 <20>
|
||
876.540 876.570 876.600 876.630 876.660 876.690 876.720 <20>
|
||
876.330 876.360 876.390 876.420 876.450 876.480 876.510 <20>
|
||
876.120 876.150 876.180 876.210 876.240 876.270 876.300 <20>
|
||
875.910 875.940 875.970 876.000 876.030 876.060 876.090 <20>
|
||
875.700 875.730 875.760 875.790 875.820 875.850 875.880 <20> Voice
|
||
875.490 875.520 875.550 875.580 875.610 875.640 875.670 <20>
|
||
875.280 875.310 875.340 875.370 875.400 875.430 875.460 <20>
|
||
875.070 875.100 875.130 875.160 875.190 875.220 875.250 <20>
|
||
874.860 874.890 874.920 874.950 874.980 875.010 875.040 <20>
|
||
874.650 874.680 874.710 874.740 874.770 874.800 874.830 <20>
|
||
874.440 874.470 874.500 874.530 874.560 874.590 874.620 <20>
|
||
874.230 874.260 874.290 874.320 874.350 874.380 874.410 <20>
|
||
874.020 874.050 874.080 874.110 874.140 874.170 874.200 <20>
|
||
873.810 873.840 873.870 873.900 873.930 873.960 873.990 <20>
|
||
873.600 873.630 873.660 873.690 873.720 873.750 873.780 <20>
|
||
873.390 873.420 873.450 873.480 873.510 873.540 873.570 <20> Channels
|
||
873.180 873.210 873.240 873.270 873.300 873.330 873.360 <20>
|
||
872.970 873.000 873.030 873.060 873.090 873.120 873.150 <20>
|
||
872.760 872.790 872.820 872.850 872.880 872.910 872.940 <20>
|
||
872.550 872.580 872.610 872.640 872.670 872.700 872.730 <20>
|
||
872.340 872.370 872.400 872.430 872.460 872.490 872.520 <20>
|
||
872.130 872.160 872.190 872.220 872.250 872.280 872.310 <20>
|
||
871.920 871.950 871.980 872.010 872.040 872.070 872.100 <20>
|
||
871.710 871.740 871.770 871.800 871.830 871.860 871.890 <20>
|
||
871.500 871.530 871.560 871.590 871.620 871.650 871.680 <20>
|
||
871.290 871.320 871.350 871.380 871.410 871.440 871.470 <20>
|
||
871.080 871.110 871.140 871.170 871.200 871.230 871.260 <20>
|
||
870.870 870.900 870.930 870.960 870.990 871.020 871.050 <20>
|
||
870.660 870.690 870.720 870.750 870.780 870.810 870.840 <20>
|
||
870.450 870.480 870.510 870.540 870.570 870.600 870.630 <20>
|
||
870.240 870.270 870.300 870.330 870.360 870.390 870.420 <20>
|
||
870.030 870.060 870.090 870.120 870.150 870.180 870.210 <20><>
|
||
|
||
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 ĿDigital
|
||
834.690 834.720 834.750 834.780 834.810 834.840 834.870 <20>Control
|
||
834.480 834.510 834.540 834.570 834.600 834.630 834.660 <20>Channels
|
||
------------------------------------- 834.390 834.420 834.450 <20><>
|
||
834.270 834.300 834.330 834.360 --------------------------- Ŀ
|
||
834.060 834.090 834.120 834.150 834.180 834.210 834.240 <20>
|
||
833.850 833.880 833.910 833.940 833.970 834.000 834.030 <20>
|
||
833.640 833.670 833.700 833.730 833.760 833.790 833.820 <20>
|
||
833.430 833.460 833.490 833.520 833.550 833.580 833.610 <20>
|
||
833.220 833.250 833.280 833.310 833.340 833.370 833.400 <20>
|
||
833.010 833.040 833.070 833.100 833.130 833.160 833.190 <20>
|
||
832.800 832.830 832.860 832.890 832.920 832.950 832.980 <20>
|
||
832.590 832.620 832.650 832.680 832.710 832.740 832.770 <20>
|
||
832.380 832.410 832.440 832.470 832.500 832.530 832.560 <20>
|
||
832.170 832.200 832.230 832.260 832.290 832.320 832.350 <20>
|
||
831.960 831.990 832.020 832.050 832.080 832.110 832.140 <20>
|
||
831.750 831.780 831.810 831.840 831.870 831.900 831.930 <20>
|
||
831.540 831.570 831.600 831.630 831.660 831.690 831.720 <20>
|
||
831.330 831.360 831.390 831.420 831.450 831.480 831.510 <20>
|
||
831.120 831.150 831.180 831.210 831.240 831.270 831.300 <20>
|
||
830.910 830.940 830.970 831.000 831.030 831.060 831.090 <20>
|
||
830.700 830.730 830.760 830.790 830.820 830.850 830.880 <20> Voice
|
||
830.490 830.520 830.550 830.580 830.610 830.640 830.670 <20>
|
||
830.280 830.310 830.340 830.370 830.400 830.430 830.460 <20>
|
||
830.070 830.100 830.130 830.160 830.190 830.220 830.250 <20>
|
||
829.860 829.890 829.920 829.950 829.980 830.010 830.040 <20>
|
||
829.650 829.680 829.710 829.740 829.770 829.800 829.830 <20>
|
||
829.440 829.470 829.500 829.530 829.560 829.590 829.620 <20>
|
||
829.230 829.260 829.290 829.320 829.350 829.380 829.410 <20>
|
||
829.020 829.050 829.080 829.110 829.140 829.170 829.200 <20>
|
||
828.810 828.840 828.870 828.900 828.930 828.960 828.990 <20>
|
||
828.600 828.630 828.660 828.690 828.720 828.750 828.780 <20>
|
||
828.390 828.420 828.450 828.480 828.510 828.540 828.570 <20> Channels
|
||
828.180 828.210 828.240 828.270 828.300 828.330 828.360 <20>
|
||
827.970 828.000 828.030 828.060 828.090 828.120 828.150 <20>
|
||
827.760 827.790 827.820 827.850 827.880 827.910 827.940 <20>
|
||
827.550 827.580 827.610 827.640 827.670 827.700 827.730 <20>
|
||
827.340 827.370 827.400 827.430 827.460 827.490 827.520 <20>
|
||
827.130 827.160 827.190 827.220 827.250 827.280 827.310 <20>
|
||
826.920 826.950 826.980 827.010 827.040 827.070 827.100 <20>
|
||
826.710 826.740 826.770 826.800 826.830 826.860 826.890 <20>
|
||
826.500 826.530 826.560 826.590 826.620 826.650 826.680 <20>
|
||
826.290 826.320 826.350 826.380 826.410 826.440 826.470 <20>
|
||
826.080 826.110 826.140 826.170 826.200 826.230 826.260 <20>
|
||
825.870 825.900 825.930 825.960 825.990 826.020 826.050 <20>
|
||
825.660 825.690 825.720 825.750 825.780 825.810 825.840 <20>
|
||
825.450 825.480 825.510 825.540 825.570 825.600 825.630 <20>
|
||
825.240 825.270 825.300 825.330 825.360 825.390 825.420 <20>
|
||
825.030 825.060 825.090 825.120 825.150 825.180 825.210 <20><>
|
||
|
||
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 changes, 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 the same, 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.
|
||
|
||
===============================================================================
|
||
|
||
How to discover other scanner modifications
|
||
|
||
===============================================================================
|
||
|
||
HOW TO 'DISCOVER' THOSE NEAT RADIO MODIFICATIONS
|
||
|
||
by Bob Parnass, AJ9S
|
||
|
||
How do the people that discover modifications to radios go about finding
|
||
them? Good question!
|
||
|
||
The first rule of thumb is to obtain service manuals, as they contain more
|
||
than just troubleshooting information. For example, the alignment procedure
|
||
outlined in the Regency K500 and M400 service manuals describes how to
|
||
circumvent the frequency limit checking firmware, which allows out of band
|
||
frequency programming. The Uniden 200/205XLT service manual describes a
|
||
keyboard sequence that clears most of the 200 memory channels, and loads the
|
||
others with bizarre test frequencies.
|
||
|
||
Service manuals often describe the circuit changes in models intended for
|
||
export to other countries. This can reveal features disabled for some
|
||
customers but enabled for others.
|
||
|
||
A good library of IC and semiconductor data books is very helpful,
|
||
although radio service manuals can also include IC internal diagrams. Old TTL
|
||
databooks are no longer enough. The transition to surface mount components in
|
||
radios like the Uniden/Bearcat 760XLT is motivation for acquiring data books
|
||
for leadless components.
|
||
|
||
Although some modifications involve discovery of "hidden" features, many
|
||
others involve designing new circuitry or applying old circuitry from another
|
||
radio. I can't claim credit for many "add/delete a diode" modifications, but
|
||
here are the factors that accounted for a few other modifications.
|
||
|
||
***** Recognize Common Radio Circuits *****
|
||
|
||
Modification: Improve the squelch on the PRO-24, PRO-2004, 800XLT, etc.
|
||
Motivation: Unsatisfied with stock performance.
|
||
|
||
Almost all modern scanners use MC3357, MC3359, or Japanese pin equivalent
|
||
chips, which contain the IF, squelch, limiter & discriminator circuitry.
|
||
Older Bearcat and Regency scanners, like the BC300 and M400, often hid the
|
||
identity of their IC with "house numbers" painted over them. I compared these
|
||
ICs pin for pin with the MC3357 and other known radio ICs to unmask their true
|
||
identity. Having the Motorola IC data sheet and scanner service manuals made
|
||
learning the chip internals easy, so I found the way to decrease hysteresis
|
||
involved changing one resistor.
|
||
|
||
***** Be Curious *****
|
||
|
||
Modification: Trick the Icom R-71A to tune below 100 kHz.
|
||
Motivation: Curiosity.
|
||
|
||
Tried manipulating several front panel controls at the same time to see if
|
||
I could confuse the microprocessor into doing something neat. I did.
|
||
|
||
***** Study the Schematic, Look for Unused Pins *****
|
||
|
||
Modification: Double the memory in the R-7000 (also published by another
|
||
radio hobbyist).
|
||
Motivation: curiosity.
|
||
|
||
I studied the schematic of the R-7000, and looked up the memory IC in a
|
||
data book. Icom grounded an address lead, so only 1/2 the chip capacity was
|
||
used. Not having enough time to try the idea on my own radio, I suggested the
|
||
idea Jack Albert, who writes the RTTY column in "Monitoring Times", who used
|
||
his R-7000 as a guinea pig.
|
||
|
||
***** Borrow Circuits from Other Radio Models *****
|
||
|
||
Modification: S-meter circuit for Bearcat scanners (unpublished).
|
||
Motivation: wanted to use scanners for transmitter hunting.
|
||
|
||
I looked for other radios that used the same IF/squelch chip and already
|
||
featured S-meters (like the Kenwood TR- 2600A, IC-28A, IC228H, etc.) I grafted
|
||
their S-meter circuitry to my scanners.
|
||
|
||
***** Vary Parameters and Measure the Impact *****
|
||
|
||
Modification: Speed up the R-7000 scan rate.
|
||
Motivation: dissatisfied with stock performance.
|
||
|
||
I studied the radio schematic, found the components that determined scan
|
||
rate, and substituted various values of resistance, measuring the affect of
|
||
each change.
|
||
|
||
***** Apply Simple Theory *****
|
||
|
||
Modification: COR light for the PRO-2004.
|
||
Motivation: make scanner easier to use in a roomful of other active radios.
|
||
|
||
Having studied the schematics of many scanners, I was familiar with FM
|
||
receiver and scanner circuitry. I used service manual and found the proper
|
||
point in the circuit where a logic level signal was produced depending on
|
||
whether a signal was absent or present. Again, the PRO-2004 used a popular
|
||
IF/squelch chip. I used the simplest transistor switching principles to
|
||
design a COR light circuit.
|
||
|
||
***** Fashion a Test Harness *****
|
||
|
||
Marvin Moss used an interesting approach to explore his portable scanner.
|
||
He wired the diodes in the diode matrix of his Radio Shack PRO-34 to separate
|
||
DIP switches so he could experiment with switching in and out different
|
||
combinations of diodes.
|
||
|
||
***** All That Glitters is Not Gold *****
|
||
|
||
I always find other peoples' modifications very interesting, although not
|
||
all are meritorious. For instance, avoid changing the crystal or RC time
|
||
constant circuitry used as a clock for the microprocessor controller in your
|
||
receiver. The controller performs many functions, so this alteration can
|
||
produce undesirable side effects which outweigh any small increase in scan
|
||
rate.
|