§ 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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