§ 90.674   Interference resolution procedures before, during and after band
reconfiguration.

   (a)  Initial  Notification. Any non-cellular licensee operating in the
   806-824/851-869  MHz  band  who  reasonably  believes  it is receiving
   unacceptable interference, as described in § 90.672, shall provide an initial
   notification of the interference incident. This initial notification of an
   interference incident shall be sent to all part 22 of this chapter Cellular
   Radiotelephone  licensees and ESMR licensees who operate cellular base
   stations (“cell sites”) within 1,524 meters (5,000 feet) of the interference
   incident.

   (1) The initial notification of interference shall include the following
   information on interference:

   (i) The specific geographical location where the interference occurs, and
   the time or times at which the interference occurred or is occurring;

   (ii) A description of its scope and severity, including its source, if
   known;

   (iii) The relevant Commission licensing information of the party suffering
   the interference; and

   (iv) A single point of contact for the party suffering the interference.

   (2) ESMR licensees, in conjunction with part 22 Cellular Radiotelephone
   licensees, shall establish an electronic means of receiving the initial
   notification described in paragraph (a)(1) of this section. The electronic
   system must be designed so that all appropriate 800 MHz ESMR and part 22
   Cellular Radiotelephone 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) ESMR licensees must respond to the initial notification described in
   paragraph (a)(1) of this section, as soon as possible and no later than 24
   hours of receipt of notification from a public safety/CII licensee. This
   response  time  may  be  extended to 48 hours after receipt from other
   non-cellular licensees provided affected communications on these systems are
   not safety related.

   (b)  Interference  analysis.  ESMR  licensees—who  receive  an initial
   notification described in paragraph (a) of this section—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 public safety/CII
   licensee. This response time may be extended to 96 hours after the initial
   complaint from other 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 800 MHz cellular system licensees and part 22
   of this chapter Cellular Radiotelephone licensees who are responsible for
   causing unacceptable interference shall take all affirmative measures to
   resolve  such interference. 800 MHz cellular system licensees found to
   contribute to harmful interference, as defined in § 90.672, shall resolve
   such interference in the shortest time practicable. 800 MHz cellular system
   licensees and part 22 of this chapter Cellular Radiotelephone 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 involved 800 MHz cellular system
   licensees and/or part 22 of this chapter Cellular Radiotelephone licensees,
   whose affirmative measures may include, but not be limited to, the following
   techniques:

   (i) Increasing the desired power of the public safety signal;

   (ii) Decreasing the power of the ESMR and/or part 22 Cellular Radiotelephone
   signal;

   (iii) Modifying the ESMR and/or part 22 Cellular Radiotelephone systems
   antenna height;

   (iv)  Modifying the ESMR and/or part 22 Cellular Radiotelephone system
   antenna characteristics;

   (v) Incorporating filters into ESMR and/or part 22 Cellular Radiotelephone
   system transmission equipment;

   (vi) Permanently changing ESMR and/or part 22 Cellular Radiotelephone system
   frequencies; and

   (vii) Supplying interference-resistant receivers to the affected public
   safety licensee(s). If this technique is used, in all circumstances, the
   ESMR and/or part 22 Cellular Radiotelephone licensees shall be responsible
   for all costs thereof.

   (2) Whenever short-term interference abatement measures prove inadequate,
   the affected 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 and imminent danger exists. When a
   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 67849 , Nov. 22, 2004, as amended at  70 FR 76711 , Dec. 28, 2005;  71 FR 69038 , Nov. 29, 2006]

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