Sec. 95.861  Interference.

    (a) When an IVDS system suffers harmful interference within its 
service

[[Page 672]]

area from or causes harmful interference to another IVDS system, the 
licensees of both systems must cooperate and resolve the problem by 
mutually satisfactory arrangements. If the licensees are unable to do 
so, the Commission may impose restrictions including, but not limited 
to, specifying the transmitter power, antenna height, or area or hours 
of operation of the stations concerned.
    (b) The use of any frequency segment at a given geographical 
location may be denied when, in the judgment of the Commission, its use 
in that location is not in the public interest; the use of a frequency 
segment specified for the IVDS system may be restricted as to specified 
geographical areas, maximum power, or other operating conditions.
    (c) Unless the IVDS system licensee obtains written consent from the 
TV Channel 13 station licensee to dispense with this notification, each 
IVDS system licensee must notify all households located both within a TV 
Channel 13 station Grade B predicted contour and the IVDS system service 
area of the potential for interference from an IVDS system. The IVDS 
system licensee must also inform those potentially affected households 
that it will eliminate any objectionable interference to television 
reception caused by its IVDS system. This notification shall be made no 
earlier than two weeks before and no later than two weeks after 
initiation of IVDS in the TV Channel 13 station Grade B predicted 
contour. The written consent must be kept as part of the IVDS system 
authorization.
    (d) Each IVDS system licensee must provide upon request, and install 
free of charge, an interference reduction device to any household within 
a TV Channel 13 station Grade B predicted contour that experiences 
interference due to a component CTS or RTU.
    (e) Each IVDS system licensee must investigate and eliminate 
interference to television broadcasting and reception, from its 
component CTSs and RTUs, within 30 days of the time it is notified in 
writing, by either an affected television station, an affected viewer, 
or the Commission, of an interference complaint. Should the licensee 
fail to eliminate the interference within the 30 day period, the CTS or 
RTU causing the interference must discontinue operation.
    (f) The boundaries for each IVDS service area, as defined in 
Sec. 95.803, are the limit of interference protection for an IVDS 
system.
[ 57 FR 8275 , Mar. 9, 1992, as amended at  57 FR 36374 , Aug. 13, 1992]