§  27.58   Interference to BRS/EBS receivers.

   (a) WCS licensees shall bear full financial obligation to remedy
   interference to BRS/EBS block downconverters if all of the following
   conditions are met:

   (1) The complaint is received by the WCS licensee prior to February 20,
   2002;

   (2) The BRS/EBS downconverter was installed prior to August 20, 1998;

   (3) The WCS fixed or land station transmits at 50 or more watts peak
   EIRP;

   (4) The BRS/EBS downconverter is located within a WCS transmitter's
   free space power flux density contour of -34 dBW/m2; and

   (5) The BRS/EBS customer or licensee has informed the WCS licensee of
   the interference within one year from the initial operation of the WCS
   transmitter or within one year from any subsequent power increases at
   the WCS station.

   (b) Resolution of the complaint shall be at no cost to the complainant.

   (c) Two or more WCS licensees collocating their antennas on the same
   tower shall assume shared responsibility for remedying interference
   complaints within the area determined by paragraph (a)(4) of this
   section unless an offending station can be readily determined and then
   that station shall assume full financial responsibility.

   (d) If the WCS licensee cannot otherwise eliminate interference caused
   to BRS/EBS reception, then that licensee must cease operations from the
   offending WCS facility.

   (e) At least 30 days prior to commencing operations from any new WCS
   transmission site or with increased power from any existing WCS
   transmission site, a WCS licensee shall notify all BRS/EBS licensees in
   or through whose licensed service areas they intend to operate of the
   technical parameters of the WCS transmission facility. WCS and BRS/EBS
   licensees are expected to coordinate voluntarily and in good faith to
   avoid interference problems and to allow the greatest operational
   flexibility in each other's operations.

   [ 62 FR 16498 , Apr. 7, 1997, as amended at  69 FR 72034 , Dec. 10, 2004]