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VIII The FCC (By Riley Hollingsworth, Special Counsel, Spectrum Enforcement Division, FCC Enforcement Bureau)
The FCC has the responsibility to require that utility companies rectify power-line related interference problems within a reasonable time if the interference is caused by faulty power utility equipment. Under FCC rules, most power-line and related equipment is classified as an "incidental radiator." This term is used to describe equipment that does not intentionally generate any radio-frequency energy, but that may create such energy as an incidental part of its intended operation.
Commission rules specifically related to this topic are as follows.
Title 47, CFR Section 15.5 General conditions of operation.
(b) Operation of an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful interference is caused and that interference must be accepted that may be caused by the operation of an authorized radio station, by another intentional or unintentional radiator, by industrial, scientific and medical (ISM) equipment, or by an incidental radiator.
(c) The operator of the radio frequency device shall be required to cease operating the device upon notification by a Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected.
Title 47, CFR Section 15.13 Incidental radiators.
Manufacturers of these devices shall employ good engineering practices to minimize the risk of harmful interference.
Title 47, CFR Section 15.15 General technical requirements.
(c) Parties responsible for equipment compliance should note that the limits specified in this part will not prevent harmful interference under all circumstances. Since the operators of Part 15 devices are required to cease operation should harmful interference occur to authorized users of the radio frequency spectrum, the parties responsible for equipment compliance are encouraged to employ the minimum field strength necessary for communications, to provide greater attenuation of unwanted emissions than required by these regulations, and to advise the user as to how to resolve harmful interference problems (for example, see Sec. 15.105(b)).
If the complainant has attempted unsuccessfully to work through the power company complaint resolution process and has been unable to get the problem solved, the matter will be reviewed by the Enforcement Bureau. The FCC prefers that those responsible for the proper operation of power-lines assume their responsibilities fairly. This means that the utility company should locate the source of any interference caused by its equipment, or work with the complainant to establish that it is not power company hardware or equipment, and make necessary corrections within a reasonable time if the company's own hardware is the source of the interference.
While the FCC has confidence that most utility companies are able to resolve these issues voluntarily, it is important to be aware that unresolved problems may be a violation of FCC rules and could result in a monetary forfeiture for each occurrence. The FCC encourages the parties to resolve problems without FCC intervention, but if necessary to facilitate resolution, the FCC will investigate possible rules violations and address appropriate remedies.
We expect the utility company to advise the complainant what steps it is taking to correct interference problems reported to it. The FCC expects that most cases can be resolved within 60 days of the time they are first reported to the utility company. If a power company is unable to resolve such problems within 60 days after contact from the FCC, it is expected to advise the Enforcement Bureau about the nature of the problem, the steps it is taking to resolve it and the estimated time in which those steps can be accomplished.
