Sec.  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  Sec. 74.707 and shall
   protect existing Class A TV and digital Class A TV stations within the
   protected contours defined in  Sec. 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]