86-286.

Readily accessible to the general public, defined.

Readily accessible to the general public means, with respect to a radio communication, that such communication is not:

(1) Scrambled or encrypted;

(2) Transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication;

(3) Carried on a subcarrier or other signal subsidiary to a radio transmission;

(4) Transmitted over an electronic communication system by a provider unless the communication is a tone-only paging system communication; or

(5) Transmitted on frequencies allocated for satellite communications under 47 C.F.R. part 25, for remote pickup broadcast stations under subpart D of 47 C.F.R. part 74, for aural broadcast auxiliary stations under subpart E of 47 C.F.R. part 74, for television broadcast auxiliary stations under subpart F of 47 C.F.R. part 74, or for fixed microwave services under 47 C.F.R. part 101, as such regulations existed on January 1, 2002, unless, in the case of a communication transmitted on a frequency allocated under 47 C.F.R. part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.