Sec. 74.1203  Interference.

    (a) An authorized FM translator or booster station will not be 
permitted to continue to operate if it causes any actual interference 
to:
    (1) The transmission of any authorized broadcast station; or
    (2) The reception of the input signal of any TV translator, TV 
booster, FM translator or FM booster station; or
    (3) The direct reception by the public of the off-the-air signals of 
any authorized broadcast station including TV Channel 6 stations, Class 
D (secondary) noncommercial educational FM stations, and previously 
authorized and operating FM translators and FM booster stations. 
Interference will be considered to occur whenever reception of a 
regularly used signal is impaired by the signals radiated by the FM 
translator or booster station, regardless of the quality of such 
reception, the strength of the signal so used, or the channel on which 
the protected signal is transmitted.
    (b) If interference cannot be properly eliminated by the application 
of suitable techniques, operation of the offending FM translator or 
booster station shall be suspended and shall not be resumed until the 
interference has been eliminated. Short test transmissions may be made 
during the period of suspended operation to check the efficacy of 
remedial measures. If a complainant refuses to permit the FM translator 
or booster licensee to apply remedial techniques which demonstrably will 
eliminate the interference without impairment to the original reception, 
the licensee of the FM translator or booster station is absolved of 
further responsibility for that complaint.
    (c) An FM booster station will be exempted from the provisions of 
paragraphs (a) and (b) of this section to the extent that it may cause 
limited interference to its primary station's signal, provided it does 
not disrupt the existing service of its primary station or cause such 
interference within the boundaries of the principal community of its 
primary station.
    (d) A fill-in FM translator operating on the first, second or third 
adjacent channel to its primary station's channel will be exempt from 
the provisions of paragraphs (a) and (b) of this section to the extent 
that it may cause limited interference to its primary station's signal, 
provided it does not disrupt the existing service of its primary station 
or cause such interference within the boundaries of the principal 
community of its primary station.
    (e) It shall be the responsibility of the licensee of an FM 
translator or FM booster station to correct any condition of 
interference which results from the radiation of radio frequency energy 
by its equipment on any frequency outside the assigned channel. Upon 
notice

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by the Commission to the station licensee that such interference is 
being caused, the operation of the FM translator or FM booster station 
shall be suspended within three minutes and shall not be resumed until 
the interference has been eliminated or it can be demonstrated that the 
interference is not due to spurious emissions by the FM translator or FM 
booster station; provided, however, that short test transmissions may be 
made during the period of suspended operation to check the efficacy of 
remedial measures.

[ 55 FR 50693 , Dec. 10, 1990, as amended at  60 FR 55484 , Nov. 1, 1995]