Sec.  22.971   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 Part 90 licensee in the 800 MHz band,
   as defined in Sec. 22.970 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 Sec. 22.972. 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 part 90 of this
   chapter licensee in the 800 MHz band, as defined in Sec. 22.970, such
   licensees shall be jointly and severally responsible for abating
   interference, with full cooperation and utmost diligence, in the
   shortest practicable time.

   (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 Sec. 22.972(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 part 90 of this chapter 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 67834 , Nov. 22, 2004]