Sec. 21.937  Negotiated interference protection.

    (a) The level of acceptable electromagnetic interference that occurs 
at or within the boundaries of BTAs, PSAs, or an incumbent MDS station's 
56.33 km (35 mile) protected service area can be negotiated and 
established by an agreement between the appropriate parties, provided 
that:
    (1) The parties to such an agreement file with the Commission a 
written statement of no objection, acknowledging that the parties have 
agreed to accept a level of interference that does not meet the 
protection standards set forth in Secs. 21.902 or 21.938 of the 
Commission's rules;
    (2) The statement bears the signatures of all parties to the 
agreement, or the signatures of their representative agents; and
    (3) The statement is filed with the Commission within 30 days of its 
ratification or file in conjunction with an application with which the 
agreement is associated, whichever is earliest.
[ 60 FR 36557 , July 17, 1995]