§ 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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