FCC 74.23 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 74.23 Interference jeopardizing safety of life or protection of property.
(a) The licensee of any station authorized under this part that causes
harmful interference, as defined in Sec. 2.1 of the Commission's rules, to radio
communications involving the safety of life or protection of property shall
promptly eliminate the interference.
(b) If harmful interference to radio communications involving the safety of
life or protection of property cannot be promptly eliminated and the
Commission finds that there exists an imminent danger to safety of life or
protection of property, pursuant to 47 U.S.C. 312 (b) and (e) and 5 U.S.C.
558, operation of the offending equipment shall temporarily be suspended and
shall not be resumed until the harmful interference has been eliminated or
the threat to the safety of life or property has passed. In situations where
the protection of property alone is jeopardized, before taking any action
under this paragraph, the Commission shall balance the nature and extent of
the possible property damage against the potential harm to a licensee or the
public caused by suspending part 74 operations. When specifically
authorized, short test operations may be made during the period of suspended
operation to check the efficacy of remedial measures.
[ 47 FR 1395 , Jan. 13, 1982]
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