Sec.  27.58   Interference to BRS/EBS receivers.

   (a)  WCS  licensees  shall  bear  full  financial obligation to remedy
   interference  to  BRS/EBS block downconverters if all of the following
   conditions are met:

   (1) The complaint is received by the WCS licensee prior to February 20,
   2002;

   (2) The BRS/EBS downconverter was installed prior to August 20, 1998;

   (3) The WCS fixed or land station transmits at 50 or more watts peak EIRP;

   (4) The BRS/EBS downconverter is located within a WCS transmitter's free
   space power flux density contour of −34 dBW/m^2 ; and

   (5) The BRS/EBS customer or licensee has informed the WCS licensee of the
   interference  within  one  year  from the initial operation of the WCS
   transmitter or within one year from any subsequent power increases at the
   WCS station.

   (b) Resolution of the complaint shall be at no cost to the complainant.

   (c) Two or more WCS licensees collocating their antennas on the same tower
   shall assume shared responsibility for remedying interference complaints
   within the area determined by paragraph (a)(4) of this section unless an
   offending station can be readily determined and then that station shall
   assume full financial responsibility.

   (d) If the WCS licensee cannot otherwise eliminate interference caused to
   BRS/EBS  reception,  then that licensee must cease operations from the
   offending WCS facility.

   (e)  At  least 30 days prior to commencing operations from any new WCS
   transmission site or with increased power from any existing WCS transmission
   site, a WCS licensee shall notify all BRS/EBS licensees in or through whose
   licensed service areas they intend to operate of the technical parameters of
   the WCS transmission facility. WCS and BRS/EBS licensees are expected to
   coordinate voluntarily and in good faith to avoid interference problems and
   to allow the greatest operational flexibility in each other's operations.

   [ 62 FR 16498 , Apr. 7, 1997, as amended at  69 FR 72034 , Dec. 10, 2004]