§  74.23   Interference jeopardizing safety of life or protection of
property.

   (a) The licensee of any station authorized under this part that causes
   harmful interference, as defined in §  2.1 of the Commission's rules,
   to radio communications involving the safety of life or protection of
   property shall promptly eliminate the interference.

   (b) If harmful interference to radio communications involving the
   safety of life or protection of property cannot be promptly eliminated
   and the Commission finds that there exists an imminent danger to safety
   of life or protection of property, pursuant to 47 U.S.C. 312 (b) and
   (e) and 5 U.S.C. 558, operation of the offending equipment shall
   temporarily be suspended and shall not be resumed until the harmful
   interference has been eliminated or the threat to the safety of life or
   property has passed. In situations where the protection of property
   alone is jeopardized, before taking any action under this paragraph,
   the Commission shall balance the nature and extent of the possible
   property damage against the potential harm to a licensee or the public
   caused by suspending part 74 operations. When specifically authorized,
   short test operations may be made during the period of suspended
   operation to check the efficacy of remedial measures.

   [ 47 FR 1395 , Jan. 13, 1982]

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