I am a lawyer who practiced telecommunications law for many years.

In the 1999 revision of 47 CFR 15.3(v), ET Docket 98-76 which adopted 
the current definition of "scanning receiver," the FCC said, in response 
to the ARRL's suggested changes:

With regard to ARRL's request, we note that, as under the
current definition, Amateur Radio Service receivers, like receivers used in 
conjunction with other licensed
radio services, do not fall under the definition of a scanning receiver in 47 
CFR Sect. 15.3(v) unless the
receiver scans frequencies outside of the licensed operating frequencies, e.g., 
outside of the bands allocated
to the Amateur Radio Service.


http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1999/fcc99058.txt

Hence, so long as the receiver scans within amateur radio frequencies 
above 30 MHz, it is exempt from the scanning restriction.

I am now retired and do not have access to a proper legal database, but 
the 1999 statement seems  to be the definitive word from what I can find.

Jack K8ZOA


[email protected] wrote:
> I'm no lawyer but reading the regulations here:
>
> http://www.fcc.gov/oet/info/rules/part15/PART15_07-10-08.pdf
>
> I see this:
>
> Scanning Receiver. For the purpose of this part,
> this is a receiver that automatically switches among four or more
> frequencies in the range of 30 to 960 MHz and which is capable
> of stopping at and receiving a radio signal detected on a frequency.
> Receivers designed solely for the reception of the broadcast signals
> under part 73 of this chapter or for operation as part of a licensed
> station are not included in this definition.
>
> My interpretation is that my K3 is part of the equipment at N7WS, an FCC 
> licensed station, and is exempt from the regulation.
>
>
>
> --- On Sat, 6/27/09, van fair <[email protected]> wrote:
>
> From: van fair <[email protected]>
> Subject: [Elecraft] scan
> To: [email protected]
> Date: Saturday, June 27, 2009, 9:19 AM
>
> I tried for the first time to use the scan function of the K3. I wanted to 
> scan part of 6 meters. I got a message that stated "scan no allowed on this 
> band" any way to change the set up to be able to scan 6 meters in the US. 
> Thanks Van W4GIW
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