Sec.  22.971   Obligation to abate unacceptable interference.

   (a) Strict responsibility. Any licensee who, knowingly or unknowingly,
   directly or indirectly, causes or contributes to causing unacceptable
   interference to a non-cellular Part 90 licensee in the 800 MHz band, as
   defined in  Sec. 22.970 shall be strictly accountable to abate the interference,
   with full cooperation and utmost diligence, in the shortest time
   practicable. Interfering licensees shall consider all feasible interference
   abatement measures, including, but not limited to, the remedies specified in
   the interference resolution procedures set forth in  Sec. 22.972. This strict
   responsibility obligation applies to all forms of interference, including
   out-of-band emissions and intermodulation.

   (b) Joint and several responsibility. If two or more licensees knowingly or
   unknowingly, directly or indirectly, cause or contribute to causing
   unacceptable interference to a non-cellular part 90 of this chapter licensee
   in the 800 MHz band, as defined in  Sec. 22.970, such licensees shall be jointly
   and severally responsible for abating interference, with full cooperation
   and utmost diligence, in the shortest practicable time.

   (1) This joint and several responsibility rule requires interfering
   licensees to consider all feasible interference abatement measures,
   including, but not limited to, the remedies specified in the interference
   resolution procedures set forth in  Sec. 22.972(c). This joint and several
   responsibility rule applies to all forms of interference, including
   out-of-band emissions and intermodulation.

   (2) Any licensee that can show that its signal does not directly or
   indirectly, cause or contribute to causing unacceptable interference to a
   non-cellular part 90 of this chapter licensee in the 800 MHz band, as
   defined in this chapter, shall not be held responsible for resolving
   unacceptable interference. Notwithstanding, any licensee that receives an
   interference complaint from a public safety/CII licensee shall respond to
   such complaint consistent with the interference resolution procedures set
   forth in this chapter.

   [ 69 FR 67834 , Nov. 22, 2004]