Explanatory Note on the Intended Telecommunication Interference Procedure

An interference investigation, and any subsequent action that this may lead to, will normally only be initiated in response to an actual interference complaint. To lodge a complaint of interference a domestic consumer should complete form RA179 and send the completed form to the appropriate local office. Other users of radio should report any interference through their normal channels.

If a RA investigation concludes that an interference complaint is valid and that the source of the interference is a telecommunication system, then regardless of the actual level of electromagnetic emission the RA will refer the case to Oftel. An exception to this is when the interference is creating a safety of life situation and in this case the RA can serve a close down notice with immediate effect.

Following the referral of an interference complaint, Oftel would contact the relevant telecommunications operator and inform it of the details. Under the proposed licence obligation, Oftel would require the operator to take all reasonably practicable steps, as the Director General of Telecommunications (DGT) may direct, to remove or mitigate the interference caused by its system and then report to Oftel the steps it has taken. If Oftel is satisfied that the operator has taken all reasonably practicable steps then it will be deemed that the operator has met its obligations under the Telecommunications Act 1984.

This leads to three potential outcomes:

1. The interference problem has been successfully resolved in which case the RA will notify the complainant and close the case.

2. The interference problem persists and upon investigation the RA concludes that the actual level of emission is below that specified in MPT 1570. In this situation the problem will be recorded as unresolved. The RA will notify the complainant that, the level of emission is below that specified in MPT1570 and therefore the RA is unable to pursue the case any further. Any unresolved problems will be included in the review that was specified in the package of measures announced by the Minister for Small Business and E Commerce on 9 November 2000 .

3. The interference problem persists and upon investigation the RA concludes that the actual level of emission exceeds that specified in MPT1570. In this situation the RA can serve a notice to close down the offending apparatus which has effect after 28 days. If the operator is able to reduce the emission to a level below that specified in MPT1570 the notice will be lifted and outcome 1 or 2 above will apply depending on whether or not the reduction in the level of emission also cures the interference problem.