Sec.  22.972   Interference resolution procedures.

   (a) Initial notification. (1) Cellular Radiotelephone licensees may receive
   initial notification of interference from non-cellular part 90 of this
   chapter licensees in the 800 MHz band pursuant to  Sec. 90.674(a) of this
   chapter.

   (2) Cellular Radiotelephone licensees, in conjunction with part 90 ESMR
   licensees, shall establish an electronic means of receiving the initial
   notification described in  Sec. 90.674(a) of this chapter. The electronic system
   must be designed so that all appropriate Cellular Radiotelephone licensees
   and part 90 ESMR licensees can be contacted about the interference incident
   with a single notification. The electronic system for receipt of initial
   notification of interference complaints must be operating no later than
   February 22, 2005.

   (3) Cellular Radiotelephone licensees must respond to the initial
   notification described in  Sec. 90.674(a) of this chapter, as soon as possible
   and no later than 24 hours after receipt of notification from a part 90
   public safety/CII licensee. This response time may be extended to 48 hours
   after receipt from other part 90 non-cellular licensees provided affected
   communications on these systems are not safety related.

   (b) Interference analysis. Cellular Radiotelephone licensees—who receive an
   initial notification described in  Sec. 90.674(a) of this chapter—shall perform a
   timely analysis of the interference to identify the possible source.
   Immediate on-site visits may be conducted when necessary to complete timely
   analysis. Interference analysis must be completed and corrective action
   initiated within 48 hours of the initial complaint from a part 90 of this
   chapter public safety/CII licensee. This response time may be extended to 96
   hours after the initial complaint from other part 90 of this chapter
   non-cellular licensees provided affected communications on these systems are
   not safety related. Corrective action may be delayed if the affected
   licensee agrees in writing (which may be, but is not required to be,
   recorded via e-mail or other electronic means) to a longer period.

   (c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of this
   chapter ESMR licensees who are responsible for causing unacceptable
   interference shall take all affirmative measures to resolve such
   interference. Cellular Radiotelephone licensees found to contribute to
   unacceptable interference, as defined in  Sec. 22.970, shall resolve such
   interference in the shortest time practicable. Cellular Radiotelephone
   licensees and part 90 of this chapter ESMR licensees must provide all
   necessary test apparatus and technical personnel skilled in the operation of
   such equipment as may be necessary to determine the most appropriate means
   of timely eliminating the interference. However, the means whereby
   interference is abated or the cell parameters that may need to be adjusted
   is left to the discretion of the Cellular Radiotelephone and/or part 90 of
   this chapter ESMR licensees, whose affirmative measures may include, but not
   be limited to, the following techniques:

   (i) Increasing the desired power of the public safety/CII signal;

   (ii) Decreasing the power of the part 90 ESMR and/or Cellular Radiotelephone
   system signal;

   (iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
   antenna height;

   (iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
   antenna characteristics;

   (v) Incorporating filters into part 90 ESMR and/or Cellular Radiotelephone
   transmission equipment;

   (vi) Permanently changing part 90 ESMR and/or Cellular Radiotelephone
   frequencies; and

   (vii) Supplying interference-resistant receivers to the affected public
   safety/CII licensee(s). If this technique is used, in all circumstances,
   Cellular Radiotelephone and/or part 90 of this chapter ESMR licensees shall
   be responsible for all costs thereof.

   (2) Whenever short-term interference abatement measures prove inadequate,
   the affected part 90 of this chapter non-cellular licensee shall, consistent
   with but not compromising safety, make all necessary concessions to
   accepting interference until a longer-term remedy can be implemented.

   (3) Discontinuing operations when clear imminent danger exists. When a part
   90 of this chapter public safety licensee determines that a continuing
   presence of interference constitutes a clear and imminent danger to life or
   property, the licensee causing the interference must discontinue the
   associated operation immediately, until a remedy can be identified and
   applied. The determination that a continuing presence exists that
   constitutes a clear and imminent danger to life or property, must be made by
   written statement that:

   (i) Is in the form of a declaration, notarized affidavit, or statement under
   penalty or perjury, from an officer or executive of the affected public
   safety licensee;

   (ii) Thoroughly describes the basis of the claim of clear and imminent
   danger;

   (iii) Was formulated on the basis of either personal knowledge or belief
   after due diligence;

   (iv) Is not proffered by a contractor or other third party; and

   (v) Has been approved by the Chief of the Wireless Telecommunication Bureau
   or other designated Commission official. Prior to the authorized official
   making a determination that a clear and imminent danger exists, the
   associated written statement must be served by hand-delivery or receipted
   fax on the applicable offending licensee, with a copy transmitted by the
   fastest available means to the Washington, DC office of the Commission's
   Wireless Telecommunications Bureau.

   [ 69 FR 67834 , Nov. 22, 2004]