§ 22.878   Obligation to abate unacceptable interference.

   This section applies only to commercial aviation ground stations
   transmitting in the 849-851 MHz band, other than commercial aviation
   ground stations operating under the authority of a license originally
   granted prior to January 1, 2004.

   (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 licensee in the 800 MHz band, as
   defined in § 22.877, 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 § 22.879. 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, whether
   in the commercial aviation air-ground radiotelephone service or in the
   Cellular Radiotelephone Service (see § 22.971), knowingly or
   unknowingly, directly or indirectly, cause or contribute to causing
   unacceptable interference to a non-cellular part 90 licensee in the 800
   MHz band, as defined in § 22.877, 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 § 22.879(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 licensee in the 800 MHz band, as defined in
   § 22.877, 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 § 22.879.

   [ 70 FR 19411 , Apr. 13, 2005]

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