Goto Section: 22.878 | 22.880 | Table of Contents
FCC 22.879
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 22.879 Interference resolution procedures.
This section applies only to commercial aviation ground stations
transmitting in the 849-851 MHz band, other than commercial aviation
ground stations operating under the authority of a license originally
granted prior to January 1, 2004.
(a) Initial notification. Commercial aviation air-ground system
licensees may receive initial notification of interference from
non-cellular part 90 licensees in the 800 MHz band pursuant to
§ 90.674(a) of this chapter.
(1) Commercial aviation air-ground system licensees shall join with
part 90 ESMR licensees and Cellular Radiotelephone Service licensees in
utilizing an electronic means of receiving the initial notification
described in § 90.674(a) of this chapter. See § 22.972.
(2) Commercial aviation air-ground system 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. Commercial aviation air-ground system
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 public safety/CII licensee. This
response time may be extended to 96 hours after the initial complaint
from other part 90 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. Any commercial aviation air-ground system that is
responsible for causing unacceptable interference to non-cellular part
90 licensees in the 800 MHz band shall take affirmative measures to
resolve such interference.
(1) Commercial aviation air-ground system licensees found to contribute
to unacceptable interference, as defined in § 22.877, shall resolve
such interference in the shortest time practicable. Commercial aviation
air-ground 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 technical parameters that may need to be adjusted is
left to the discretion of the commercial aviation air-ground system
licensee, 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 commercial aviation air-ground system
signal;
(iii) Modifying the commercial aviation air-ground system antenna
height;
(iv) Modifying the commercial aviation air-ground system antenna
characteristics;
(v) Incorporating filters into the commercial aviation air-ground
system transmission equipment;
(vi) Changing commercial aviation air-ground system frequencies; and
(vii) Supplying interference-resistant receivers to the affected public
safety/CII licensee(s). If this technique is used, in all
circumstances, commercial aviation air-ground system licensees shall be
responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove
inadequate, the affected part 90 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) When a part 90 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.
[ 70 FR 19311 , Apr. 13, 2005, as amended at 71 FR 69038 , Nov. 29, 2006]
Goto Section: 22.878 | 22.880
Goto Year: 2010 |
2012
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