Sec. 27.58  Interference to MDS/ITFS receivers.

    (a) WCS licensees shall bear full financial obligation to remedy 
interference to MDS/ITFS 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 MDS.ITFS 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 MDS/ITFS downconverter is located within a WCS transmitter's 
free space power flux density contour of -34 dBW/m2; and
    (5) The MDS/ITFS customer or licensee has informed the WCS licensee 
of the interference within one year

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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 MDS/ITFS 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 MDS/ITFS licensees in 
or through whose licensed service area they intend to operate of the 
technical parameters of the WCS transmission facility. WCS and MDS/ITFS 
licensees are expected to coordinate voluntarily and in good faith to 
avoid interference problems and to allow the greates operational 
flexibility in each other's operations.
[ 62 FR 16498 , Apr. 7, 1997]