Sec. 74.703  Interference.

    (a) An application for a new low power TV, TV translator, or TV 
booster station or for a change in the facilities of such an authorized 
station will not be granted when it is apparent that interference will 
be caused. Except where there is a written agreement between the 
affected parties to accept interference, or where it can be shown that 
interference will not occur due to terrain shielding and/or Longley-Rice 
terrain dependent propagation methods, the licensee of a new low power 
TV, TV translator, or TV booster shall protect existing low power TV and 
TV translator stations from interference within the protected contour 
defined in Sec. 74.707. Such written agreement shall accompany the 
application. Guidance on using the Longley-Rice methodology is provided 
in OET Bulletin No. 69. Copies of OET Bulletin No. 69 may be inspected 
during normal business hours at the: Federal Communications Commission, 
1919 M St., N.W., Dockets Branch (Room 239), Washington, DC 20554. This 
document is also available through the Internet on the FCC Home Page at 
http://www.fcc.gov.
    (b) It shall be the responsibility of the licensee of a low power 
TV, TV translator, or TV booster station to correct at its expense any 
condition of interference to the direct reception of the signal of any 
other TV broadcast analog station and DTV station operating on the same 
channel as that used by the low power TV, TV translator, or TV booster 
station or an adjacent channel which occurs as a result of the operation 
of the low power TV, TV translator, or TV booster station. Interference 
will be considered to occur whenever reception of a regularly used 
signal is impaired by the signals radiated by the low power TV, TV 
translator, or TV booster station, regardless of the quality of the 
reception or the strength of the signal so used. If the interference 
cannot be promptly eliminated by the application of suitable techniques, 
operation of the offending low power TV, TV translator, or TV booster 
station shall be suspended and shall not be resumed until the 
interference has been eliminated. If the complainant refuses to permit 
the low Power TV, TV translator, or TV booster station to apply remedial 
techniques that demonstrably will eliminate the interference without 
impairment of the original reception, the licensee of the

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low power TV, TV translator, or TV booster station is absolved of 
further responsibility. TV booster stations will be exempt from the 
provisions of this paragraph to the extent that they may cause limited 
interference to their primary stations' signal subject to the conditions 
of paragraph (g) of this section.
    (c) It shall be the responsibility of the licensee of a low power 
TV, TV translator, or TV booster station to correct any condition of 
interference which 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.
    (d) When a low power TV or TV translator station causes interference 
to a CATV system by radiations within its assigned channel at the cable 
headend or on the output channel of any system converter located at a 
receiver, the earlier user, whether cable system or low power TV or TV 
translator station, will be given priority on the channel, and the later 
user will be responsible for correction of the interference. When a low 
power TV or TV translator station causes interference to an MDS of ITFS 
system by radiations within its assigned channel on the output channel 
of any system converter located at a receiver, the earlier user, whether 
MDS system or low power TV or TV translator station, will be given 
priority on the channel, and the later user will be responsible for 
correction of the interference.
    (e) Low power TV and TV translator stations are being authorized on 
a secondary basis to existing land mobile uses and must correct whatever 
interference they cause to land mobile stations or cease operation.
    (f) 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.
    (g) A TV booster station may not disrupt the existing service of its 
primary station nor may it cause interference to the signal provided by 
the primary station within the principal community to be served.

[ 47 FR 21497 , May 18, 1982, as amended at  48 FR 21487 , May 12, 1983;  52 FR 31403 , Aug. 20, 1987;  53 FR 4169 , Feb. 12, 1988;  60 FR 55483 , Nov. 1, 
1995;  62 FR 26721 , May 14, 1997]