They can, but they have to write a local ordnance first, like Duster said, something to the effect of disorderly conduct while using CB equipment not authorized by the commission .
As long as you are using " Citizens Band radio equipment authorized by the Commission" you are covered under federal law, the FCC will not give up that right.
The local government can enact laws that cover "use of Citizens Band radio equipment not authorized by the Commission"
You Still have the right to appeal to the FCC if You believed the state or local government had overstepped its authority under the new law. Any applicable state or local law would not preclude the FCC from enforcing regulations in a given case at the same time.
This is called Bill HR-2346
:
President Bill Clinton has signed legislation that permits the enforcement of certain FCC Citizens Band regulations by state and local governments. Amateur Radio operators are exempt from the provisions of the law, now PL 106-521.
Congressional lawmakers saw the measure as a way to give a voice to those experiencing radio frequency interference resulting from illegal CB radio operation. The FCC will not yield its authority to regulate Citizens Band or other radio services, however.
In short, the measure authorizes states and localities to enact laws that prohibit the use of unauthorized CB equipment--consistent with FCC regulations. This would include the use of high-power linear amplifiers or equipment that was not FCC-certificated (formerly called "type-accepted").
Specifically, the bill enables state or local regulation over the "use of Citizens Band radio equipment not authorized by the Commission" and "the unauthorized operation of Citizens Band radio equipment" between 24 and 35 MHz. FCC-licensed stations in any radio service--including the Amateur Service--are excluded from such state or local enforcement, and state or local laws enacted under this legislation must identify this exemption.
Anyone affected by the enforcement of such legislation could appeal to the FCC if they believed the state or local government had overstepped its authority under the new law. Any applicable state or local law would not preclude the FCC from enforcing regulations in a given case at the same time.
The new law also says the FCC shall "provide technical guidance to state and local governments regarding the detection and determination of violations" of any regulations localities might enact.
The bill--HR.2346 is the House version; it was S.2767 in the Senate--actually is the old Senate "Feingold bill" from several sessions ago. After introducing his original version a few years back, Wisconsin Sen Russell Feingold requested assistance from the ARRL to rewrite the measure to ensure that licensed hams could not be affected, that the bill featured a wealth of "due process" provisions, and that the concept of federal preemption over telecommunication activities wouldn't be compromised. The bill signed by the President is nearly identical to the Feingold bill.
The bill's sponsor, Rep Vernon Ehlers of Michigan said Amateur Radio operators encouraged him to introduce the measure in the House last year. Ehlers maintained that the local hams asked him to support the bill because of the bad rap they were getting from illegal CBers using high-power linear amplifiers that resulted in TV and telephone interference while the CBers involved hid behind federal preemption.
I can tell you that the bill has had little effect out here in the west, very few local laws have been written and they do not seem to want to get involved in Radio enforcement.
I can tell you a story about a guy that was causing interference to one of the local emergency services ( fire Department ) and it took over a year for them to take action.
In fact the Guy is still on the air to this day , even after Several visits from the Local police, FCC field agents, NOL`s and violations more.
I doubt they are going to go to extremes over a residential phone or something of that nature.
73
Jeff