§ 22.971   Obligation to abate unacceptable interference.

   (a) Strict Responsibility. Any licensee who, knowingly or unknowingly,
   directly  or indirectly, causes or contributes to causing unacceptable
   interference to a non-cellular part 90 of this chapter licensee in the 800
   MHz band, as defined in § 22.970, shall be strictly accountable to abate the
   interference, with full cooperation and utmost diligence, in the shortest
   time  practicable.  Interfering  licensees shall consider all feasible
   interference abatement measures, including, but not limited to, the remedies
   specified in the interference resolution procedures set forth in § 22.972(c).
   This strict responsibility obligation applies to all forms of interference,
   including out-of-band emissions and intermodulation.

   (b) Joint and several responsibility. If two or more licensees knowingly or
   unknowingly,  directly  or  indirectly, cause or contribute to causing
   unacceptable interference to a non-cellular part 90 of this chapter licensee
   in the 800 MHz band, as defined in § 22.970, such licensees shall be jointly
   and severally responsible for abating interference, with full cooperation
   and utmost diligence, in the shortest practicable time.

   (1)  This  joint  and several responsibility rule requires interfering
   licensees  to  consider  all feasible interference abatement measures,
   including, but not limited to, the remedies specified in the interference
   resolution  procedures set forth in § 22.972(c). This joint and several
   responsibility  rule  applies  to all forms of interference, including
   out-of-band emissions and intermodulation.

   (2)  Any  licensee  that can show that its signal does not directly or
   indirectly, cause or contribute to causing unacceptable interference to a
   non-cellular  part 90 of this chapter licensee in the 800 MHz band, as
   defined  in  this chapter, shall not be held responsible for resolving
   unacceptable interference. Notwithstanding, any licensee that receives an
   interference complaint from a public safety/CII licensee shall respond to
   such complaint consistent with the interference resolution procedures set
   forth in this chapter.

   [ 69 FR 67834 , Nov. 22, 2004, as amended at  70 FR 76707 , Dec. 28, 2005]

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