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 Sec. Sec. 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]