Sec. 74.23  Interference jeopardizing safety of life or protection of 
          property.

    (a) The licensee of any station authorized under this part that 
causes harmful interference, as defined in Sec. 2.1 of the Commission's 
rules, to radio communications involving the safety of life or 
protection of property shall promptly eliminate the interference.
    (b) If harmful interference to radio communications involving the 
safety of life or protection of property cannot be promptly eliminated 
and the Commission finds that there exists an imminent danger to safety 
of life or protection of property, pursuant to 47 U.S.C. 312 (b) and (e) 
and 5 U.S.C. 558, operation of the offending equipment shall temporarily 
be suspended and shall not be resumed until the harmful interference has 
been eliminated or the threat to the safety of life or property has 
passed. In situations where the protection of property alone is 
jeopardized, before taking any action under this paragraph, the 
Commission shall balance the nature and extent of the possible property 
damage against the potential harm to a licensee or the public caused by 
suspending part 74 operations. When specifically authorized, short test 
operations may be made during the period of suspended operation to check 
the efficacy of remedial measures.

[ 47 FR 1395 , Jan. 13, 1982]