Sec.  22.972   Interference resolution procedures.

   

   (a) Initial notification. (1) Cellular Radiotelephone licensees may
   receive initial notification of interference from non-cellular part 90
   of this chapter licensees in the 800 MHz band pursuant to Sec. 90.674(a)
   of this chapter.

   (2) Cellular Radiotelephone licensees, in conjunction with part 90
   ESMR licensees, shall establish an electronic means of receiving the
   initial notification described in Sec. 90.674(a) of this chapter. The
   electronic system must be designed so that all appropriate Cellular
   Radiotelephone licensees and part 90 ESMR licensees can be contacted
   about the interference incident with a single notification. The
   electronic system for receipt of initial notification of interference
   complaints must be operating no later than February 22, 2005.

   (3) Cellular Radiotelephone licensees must respond to the initial
   notification described in Sec. 90.674(a) of this chapter, as soon as
   possible and no later than 24 hours after receipt of notification from
   a part 90 public safety/CII licensee. This response time may be
   extended to 48 hours after receipt from other part 90 non-cellular
   licensees provided affected communications on these systems are not
   safety related.

   (b) Interference analysis. Cellular Radiotelephone licensees--who
   receive an initial notification described in Sec. 90.674(a) of this
   chapter--shall perform a timely analysis of the interference to
   identify the possible source. Immediate on-site visits may be
   conducted when necessary to complete timely analysis. Interference
   analysis must be completed and corrective action initiated within 48
   hours of the initial complaint from a part 90 of this chapter public
   safety/CII licensee. This response time may be extended to 96 hours
   after the initial complaint from other part 90 of this chapter
   non-cellular licensees provided affected communications on these
   systems are not safety related. Corrective action may be delayed if
   the affected licensee agrees in writing (which may be, but is not
   required to be, recorded via e-mail or other electronic means) to a
   longer period.

   (c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of
   this chapter ESMR licensees who are responsible for causing
   unacceptable interference shall take all affirmative measures to
   resolve such interference. Cellular Radiotelephone licensees found to
   contribute to unacceptable interference, as defined in Sec. 22.970, shall
   resolve such interference in the shortest time practicable. Cellular
   Radiotelephone licensees and part 90 of this chapter ESMR licensees
   must provide all necessary test apparatus and technical personnel
   skilled in the operation of such equipment as may be necessary to
   determine the most appropriate means of timely eliminating the
   interference. However, the means whereby interference is abated or the
   cell parameters that may need to be adjusted is left to the discretion
   of the Cellular Radiotelephone and/or part 90 of this chapter ESMR
   licensees, whose affirmative measures may include, but not be limited
   to, the following techniques:

   (i) Increasing the desired power of the public safety/CII signal;

   (ii) Decreasing the power of the part 90 ESMR and/or Cellular
   Radiotelephone system signal;

   (iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
   antenna height;

   (iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
   antenna characteristics;

   (v) Incorporating filters into part 90 ESMR and/or Cellular
   Radiotelephone transmission equipment;

   (vi) Permanently changing part 90 ESMR and/or Cellular Radiotelephone
   frequencies; and

   (vii) Supplying interference-resistant receivers to the affected
   public safety/CII licensee(s). If this technique is used, in all
   circumstances, Cellular Radiotelephone and/or part 90 of this chapter
   ESMR licensees shall be responsible for all costs thereof.

   (2) Whenever short-term interference abatement measures prove
   inadequate, the affected part 90 of this chapter non-cellular licensee
   shall, consistent with but not compromising safety, make all necessary
   concessions to accepting interference until a longer-term remedy can
   be implemented.

   (3) Discontinuing operations when clear imminent danger exists. When a
   part 90 of this chapter public safety licensee determines that a
   continuing presence of interference constitutes a clear and imminent
   danger to life or property, the licensee causing the interference must
   discontinue the associated operation immediately, until a remedy can
   be identified and applied. The determination that a continuing
   presence exists that constitutes a clear and imminent danger to life
   or property, must be made by written statement that:

   (i) Is in the form of a declaration, notarized affidavit, or statement
   under penalty or perjury, from an officer or executive of the affected
   public safety licensee;

   (ii) Thoroughly describes the basis of the claim of clear and imminent
   danger;

   (iii) Was formulated on the basis of either personal knowledge or
   belief after due diligence;

   (iv) Is not proffered by a contractor or other third party; and

   (v) Has been approved by the Chief of the Wireless Telecommunication
   Bureau or other designated Commission official. Prior to the
   authorized official making a determination that a clear and imminent
   danger exists, the associated written statement must be served by
   hand-delivery or receipted fax on the applicable offending licensee,
   with a copy transmitted by the fastest available means to the
   Washington, DC office of the Commission's Wireless Telecommunications
   Bureau.

   [ 69 FR 67834 , Nov. 22, 2004]