§  73.809   Interference protection to full service FM stations.

   (a) If a full service commercial or NCE FM facility application is
   filed subsequent to the filing of an LPFM station facility application,
   such full service station is protected against any condition of
   interference to the direct reception of its signal caused by such LPFM
   station that operates on the same channel, first-adjacent channel or
   intermediate frequency (IF) channel as or to such full service station,
   provided that the interference is predicted to occur and actually
   occurs within:

   (1) The 3.16 mV/m (70 dBu) contour of such full service station;

   (2) The community of license of such full service station; or

   (3) Any area of the community of license of such full service station
   that is predicted to receive at least a 1 mV/m (60 dBu) signal.
   Predicted interference shall be calculated in accordance with the
   ratios set forth in § 73.215 paragraphs (a)(1) and (a)(2). Intermediate
   frequency (IF) channel interference overlap will be determined based
   upon overlap of the 91 dBu F(50,50) contours of the FM and LPFM
   stations. Actual interference will be considered to occur whenever
   reception of a regularly used signal is impaired by the signal radiated
   by the LPFM station.

   (b) An LPFM station will be provided an opportunity to demonstrate in
   connection with the processing of the commercial or NCE FM application
   that interference as described in paragraph (a) of this section is
   unlikely. If the LPFM station fails to so demonstrate, it will be
   required to cease operations upon the commencement of program tests by
   the commercial or NCE FM station.

   (c) Complaints of actual interference by an LPFM station subject to
   paragraphs (a) and (b) of this section must be served on the LPFM
   licensee and the Federal Communications Commission, attention Audio
   Services Division. The LPFM station must suspend operations within
   twenty-four hours of the receipt of such complaint unless the
   interference has been resolved to the satisfaction of the complainant
   on the basis of suitable techniques. An LPFM station may only resume
   operations at the direction of the Federal Communications Commission.
   If the Commission determines that the complainant has refused to permit
   the LPFM station to apply remedial techniques that demonstrably will
   eliminate the interference without impairment of the original
   reception, the licensee of the LPFM station is absolved of further
   responsibility for the complaint.

   (d) It shall be the responsibility of the licensee of an LPFM station
   to correct any condition of interference that results from the
   radiation of radio frequency energy outside its assigned channel. Upon
   notice by the FCC to the station licensee or operator that such
   interference is caused by spurious emissions of the station, operation
   of the station shall be immediately suspended and not resumed until the
   interference has been eliminated. However, short test transmissions may
   be made during the period of suspended operation to check the efficacy
   of remedial measures.

   (e) In each instance where suspension of operation is required, the
   licensee shall submit a full report to the FCC in Washington, DC, after
   operation is resumed, containing details of the nature of the
   interference, the source of the interfering signals, and the remedial
   steps taken to eliminate the interference.

   [ 65 FR 7640 , Feb. 15, 2000, as amended at  65 FR 67302 , Nov. 9, 2000;  73 FR 3216 , Jan. 17, 2008]