§ 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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