[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR74.23]

[Page 418-419]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 74_EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM 
 
      Subpart_General; Rules Applicable to All Services in Part 74
 
Sec.  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 Sec.  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

[[Page 419]]

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]