Reading Room Document

FCC enforcement relating to citizen band radios

In this brief memo for the Attorney General, the OLC explained that FCC regulations on citizens band radios (so-called CB radios) were “virtually unenforceable.” Although the Communications Act provided for injunctions against violations of these regulations, the radios were very easy to obtain, and regulatory violations were commonplace. However, violations were not only difficult to detect, but unlikely to be penalized. Prosecutors and courts alike viewed as such violations as “harmless” and were therefore relucent to prosecute or convict. The OLC then suggested that alternative recourse might be possible, such as through general conspiracy provisions, which could apply to certain violations.

February 6, 1974