§  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 § 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 § 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 § 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 § 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--800 MHz cellular system 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 § 22.970,
   shall resolve such interference in the shortest time practicable.
   Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz
   cellular system 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--800 MHz cellular system 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 Public Safety and Homeland
   Security 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 Public Safety and Homeland
   Security Bureau.

   [ 69 FR 67834 , Nov. 22, 2004, as amended at  70 FR 76707 , Dec. 28, 2005;
    71 FR 69038 , Nov. 29, 2006]