§  74.703   Interference.

   (a) An application for a new low power TV, TV translator, or TV booster
   station or for a change in the facilities of such an authorized station
   will not be granted when it is apparent that interference will be
   caused. Except where there is a written agreement between the affected
   parties to accept interference, or where it can be shown that
   interference will not occur due to terrain shielding and/or
   Longley-Rice terrain dependent propagation methods, the licensee of a
   new low power TV, TV translator, or TV booster shall protect existing
   low power TV and TV translator stations from interference within the
   protected contour defined in § 74.707 and shall protect existing Class
   A TV and digital Class A TV stations within the protected contours
   defined in § 73.6010 of this chapter. Such written agreement shall
   accompany the application. Guidance on using the Longley-Rice
   methodology is provided in OET Bulletin No. 69. Copies of OET Bulletin
   No. 69 may be inspected during normal business hours at the: Federal
   Communications Commission, 445 12th Street, S.W., Reference Information
   Center (Room CY-A257), Washington, DC 20554. This document is also
   available through the Internet on the FCC Home Page at
   http://www.fcc.gov/oet/info/documents/bulletins/#69.

   (b) It shall be the responsibility of the licensee of a low power TV,
   TV translator, or TV booster station to correct at its expense any
   condition of interference to the direct reception of the signal of any
   other TV broadcast analog station and DTV station operating on the same
   channel as that used by the low power TV, TV translator, or TV booster
   station or an adjacent channel which occurs as a result of the
   operation of the low power TV, TV translator, or TV booster station.
   Interference will be considered to occur whenever reception of a
   regularly used signal is impaired by the signals radiated by the low
   power TV, TV translator, or TV booster station, regardless of the
   quality of the reception or the strength of the signal so used. If the
   interference cannot be promptly eliminated by the application of
   suitable techniques, operation of the offending low power TV, TV
   translator, or TV booster station shall be suspended and shall not be
   resumed until the interference has been eliminated. If the complainant
   refuses to permit the low Power TV, TV translator, or TV booster
   station to apply remedial techniques that demonstrably will eliminate
   the interference without impairment of the original reception, the
   licensee of the low power TV, TV translator, or TV booster station is
   absolved of further responsibility. TV booster stations will be exempt
   from the provisions of this paragraph to the extent that they may cause
   limited interference to their primary stations' signal subject to the
   conditions of paragraph (g) of this section.

   (c) It shall be the responsibility of the licensee of a low power TV,
   TV translator, or TV booster station to correct any condition of
   interference which results from the radiation of radio frequency energy
   outside its assigned channel. Upon notice by the FCC to the station
   licensee or operator that such interference is caused by spurious
   emissions of the station, operation of the station shall be immediately
   suspended and not resumed until the interference has been eliminated.
   However, short test transmissions may be made during the period of
   suspended operation to check the efficacy of remedial measures.

   (d) When a low-power TV or TV translator station causes interference to
   a CATV system by radiations within its assigned channel at the cable
   headend or on the output channel of any system converter located at a
   receiver, the earlier user, whether cable system or low-power TV or TV
   translator station, will be given priority on the channel, and the
   later user will be responsible for correction of the interference. When
   a low-power TV or TV translator station causes interference to a BRS or
   EBS system by radiations within its assigned channel on the output
   channel of any system converter located at a receiver, the earlier
   user, whether BRS system or low-power TV or TV translator station, will
   be given priority on the channel, and the later user will be
   responsible for correction of the interference.

   (e) Low power TV and TV translator stations are being authorized on a
   secondary basis to existing land mobile uses and must correct whatever
   interference they cause to land mobile stations or cease operation.

   (f) It shall be the responsibility of a digital low power TV or TV
   translator station operating on a channel from channel 52-69 to
   eliminate at its expense any condition of interference caused to the
   operation of or services provided by existing and future commercial or
   public safety wireless licensees in the 700 MHz bands. The offending
   digital LPTV or translator station must cease operations immediately
   upon notification by any primary wireless licensee, once it has been
   established that the digital low power TV or translator station is
   causing the interference.

   (g) An existing or future wireless licensee in the 700 MHz bands may
   notify (certified mail, return receipt requested), a digital low power
   TV or TV translator operating on the same channel or first adjacent
   channel of its intention to initiate or change wireless operations and
   the likelihood of interference from the low power TV or translator
   station within its licensed geographic service area. The notice should
   describe the facilities, associated service area and operations of the
   wireless licensee with sufficient detail to permit an evaluation of the
   likelihood of interference. Upon receipt of such notice, the digital
   LPTV or TV translator licensee must cease operation within 120 days
   unless:

   (1) It obtains the agreement of the wireless licensee to continue
   operations;

   (2) The commencement or modification of wireless service is delayed
   beyond that period (in which case the period will be extended); or

   (3) The Commission stays the effect of the interference notification,
   upon request.

   (h) In each instance where suspension of operation is required, the
   licensee shall submit a full report to the FCC in Washington, DC, after
   operation is resumed, containing details of the nature of the
   interference, the source of the interfering signals, and the remedial
   steps taken to eliminate the interference.

   (i) A TV booster station may not disrupt the existing service of its
   primary station nor may it cause interference to the signal provided by
   the primary station within the principal community to be served.

   [ 47 FR 21497 , May 18, 1982, as amended at  48 FR 21487 , May 12, 1983;  52 FR 31403 , Aug. 20, 1987;  53 FR 4169 , Feb. 12, 1988;  60 FR 55483 , Nov.
   1, 1995;  62 FR 26721 , May 14, 1997;  65 FR 30012 , May 10, 2000;  69 FR 69331 , Nov. 29, 2004;  69 FR 72045 , Dec. 10, 2004]