§ 90.673   Obligation to abate unacceptable interference.

   (a) Strict Responsibility. Any licensee who, knowingly or unknowingly,
   directly or indirectly, causes or contributes to causing unacceptable
   interference to a non-cellular licensee in the 800 MHz band, as defined
   in this chapter, shall be strictly accountable to abate the
   interference, with full cooperation and utmost diligence, in the
   shortest time practicable. Interfering licensees shall consider all
   feasible interference abatement measures, including, but not limited
   to, the remedies specified in the interference resolution procedures
   set forth in this chapter. This strict responsibility obligation
   applies to all forms of interference, including out-of-band emissions
   and intermodulation.

   (b) Joint and Several Responsibility. If two or more licensees
   knowingly or unknowingly, directly or indirectly, cause or contribute
   to causing unacceptable interference to a non-cellular licensee in the
   800 MHz band, as defined in this chapter, such licensees shall be
   jointly and severally responsible for abating interference, with full
   cooperation and utmost diligence, in the shortest practicable time.
   This joint and several responsibility rule requires interfering
   licensees to consider all feasible interference abatement measures,
   including, but not limited to, the remedies specified in the
   interference resolution procedures set forth in this chapter. This
   joint and several responsibility rule applies to all forms of
   interference, including out-of-band emissions and intermodulation.

   (1) This joint and several responsibility rule requires interfering
   licensees to consider all feasible interference abatement measures,
   including, but not limited to, the remedies specified in the
   interference resolution procedures set forth in § 90.674(c). This joint
   and several responsibility rule applies to all forms of interference,
   including out-of-band emissions and intermodulation.

   (2) Any licensee that can show that its signal does not directly or
   indirectly, cause or contribute to causing unacceptable interference to
   a non-cellular licensee in the 800 MHz band, as defined in this
   chapter, shall not be held responsible for resolving unacceptable
   interference. Notwithstanding, any licensee that receives an
   interference complaint from a public safety/CII licensee shall respond
   to such complaint consistent with the interference resolution
   procedures set forth in this chapter.

   [ 69 FR 67849 , Nov. 22, 2004]

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