Sec.  22.972   Interference resolution procedures.

   (a) Initial notification . (1) Cellular Radiotelephone licensees may receive
   initial notification of interference from non-cellular part 90 of this
   chapter  licensees  in the 800 MHz band pursuant to  Sec. 90.674(a) of this
   chapter.

   (2) Cellular Radiotelephone licensees, in conjunction with part 90 ESMR
   licensees, shall establish an electronic means of receiving the initial
   notification described in  Sec. 90.674(a) of this chapter. The electronic system
   must be designed so that all appropriate Cellular Radiotelephone licensees
   and part 90 ESMR licensees can be contacted about the interference incident
   with a single notification. The electronic system for receipt of initial
   notification of interference complaints must be operating no later than
   February 22, 2005.

   (3)  Cellular  Radiotelephone  licensees  must  respond to the initial
   notification described in  Sec. 90.674(a) of this chapter, as soon as possible
   and no later than 24 hours after receipt of notification from a part 90
   public safety/CII licensee. This response time may be extended to 48 hours
   after receipt from other part 90 non-cellular licensees provided affected
   communications on these systems are not safety related.

   (b) Interference analysis. Cellular Radiotelephone licensees—who receive an
   initial notification described in  Sec. 90.674(a) of this chapter—shall perform a
   timely  analysis  of the interference to identify the possible source.
   Immediate on-site visits may be conducted when necessary to complete timely
   analysis. Interference analysis must be completed and corrective action
   initiated within 48 hours of the initial complaint from a part 90 of this
   chapter public safety/CII licensee. This response time may be extended to 96
   hours  after  the initial complaint from other part 90 of this chapter
   non-cellular licensees provided affected communications on these systems are
   not  safety  related. Corrective action may be delayed if the affected
   licensee  agrees  in writing (which may be, but is not required to be,
   recorded via e-mail or other electronic means) to a longer period.

   (c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of this
   chapter—800 MHz cellular system licensees who are responsible for causing
   unacceptable interference shall take all affirmative measures to resolve
   such interference. Cellular Radiotelephone licensees found to contribute to
   unacceptable  interference,  as defined in  Sec. 22.970, shall resolve such
   interference in the shortest time practicable. Cellular Radiotelephone
   licensees and part 90 of this chapter—800 MHz cellular system licensees must
   provide all necessary test apparatus and technical personnel skilled in the
   operation  of such equipment as may be necessary to determine the most
   appropriate means of timely eliminating the interference. However, the means
   whereby interference is abated or the cell parameters that may need to be
   adjusted is left to the discretion of the Cellular Radiotelephone and/or
   part 90 of this chapter—800 MHz cellular system licensees, whose affirmative
   measures may include, but not be limited to, the following techniques:

   (i) Increasing the desired power of the public safety/CII signal;

   (ii) Decreasing the power of the part 90 ESMR and/or Cellular Radiotelephone
   system signal;

   (iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
   antenna height;

   (iv)  Modifying the part 90 ESMR and/or Cellular Radiotelephone system
   antenna characteristics;

   (v) Incorporating filters into part 90 ESMR and/or Cellular Radiotelephone
   transmission equipment;

   (vi)  Permanently changing part 90 ESMR and/or Cellular Radiotelephone
   frequencies; and

   (vii) Supplying interference-resistant receivers to the affected public
   safety/CII licensee(s). If this technique is used, in all circumstances,
   Cellular Radiotelephone and/or part 90 of this chapter ESMR licensees shall
   be responsible for all costs thereof.

   (2) Whenever short-term interference abatement measures prove inadequate,
   the affected part 90 of this chapter non-cellular licensee shall, consistent
   with  but  not  compromising safety, make all necessary concessions to
   accepting interference until a longer-term remedy can be implemented.

   (3) Discontinuing operations when clear imminent danger exists. When a part
   90 of this chapter public safety licensee determines that a continuing
   presence of interference constitutes a clear and imminent danger to life or
   property,  the  licensee causing the interference must discontinue the
   associated operation immediately, until a remedy can be identified and
   applied.  The  determination  that  a  continuing presence exists that
   constitutes a clear and imminent danger to life or property, must be made by
   written statement that:

   (i) Is in the form of a declaration, notarized affidavit, or statement under
   penalty or perjury, from an officer or executive of the affected public
   safety licensee;

   (ii) Thoroughly describes the basis of the claim of clear and imminent
   danger;

   (iii) Was formulated on the basis of either personal knowledge or belief
   after due diligence;

   (iv) Is not proffered by a contractor or other third party; and

   (v)  Has  been approved by the Chief of the Public Safety and Homeland
   Security  Bureau or other designated Commission official. Prior to the
   authorized official making a determination that a clear and imminent danger
   exists, the associated written statement must be served by hand-delivery or
   receipted fax on the applicable offending licensee, with a copy transmitted
   by  the  fastest  available  means to the Washington, DC office of the
   Commission's Public Safety and Homeland Security Bureau.

   [ 69 FR 67834 , Nov. 22, 2004, as amended at  70 FR 76707 , Dec. 28, 2005;  71 FR 69038 , Nov. 29, 2006]