Sec.  101.1440   MVDDS protection of DBS.

   (a) An MVDDS licensee shall not begin operation unless it can ensure that
   the  EPFD from its transmitting antenna at all DBS customers of record
   locations  is  below  the  values listed for the appropriate region in
    Sec. 101.105(a)(4)(ii). Alternatively, MVDDS licensees may obtain a signed
   written agreement from DBS customers of record stating that they are aware
   of and agree to their DBS system receiving MVDDS signal levels in excess of
   the appropriate EPFD limits specified in  Sec. 101.105(a)(4)(ii). DBS customers
   of record are those who had their DBS receive antennas installed prior to or
   within the 30 day period after notification to the DBS operator by the MVDDS
   licensee of the proposed MVDDS transmitting antenna site.

   (b) MVDDS licensees are required to conduct a survey of the area around its
   proposed transmitting antenna site to determine the location of all DBS
   customers of record that may potentially be affected by the introduction of
   its MVDDS service. The MVDDS licensee must assess whether the signal levels
   from its system, under its deployment plans, would exceed the appropriate
   EPFD levels in  Sec. 101.105(a)(4)(ii) at any DBS customer of record location.
   Using EPFD calculations, terrain and building structure characteristics, and
   the survey results, an MVDDS licensee must make a determination of whether
   its signal level(s) will exceed the EPFD limit at any DBS customer of record
   sites. To assist in making this determination, the MVDDS provider can use
   the EPFD contour model developed by the Commission and described in Appendix
   J of the Memorandum Opinion and Order and Second Report and Order, ET Docket
   98–206 or on the OET website at http://www.fcc.gov/oet/dockets/et98-206. 

   (c) If the MVDDS licensee determines that its signal level will exceed the
   EPFD  limit at any DBS customer site, it shall take whatever steps are
   necessary, up to and including finding a new transmit site, to ensure that
   the EPFD limit will not be exceeded at any DBS customer location.

   (d) Coordination between MVDDS and DBS licensees. (1) At least 90 days prior
   to the planned date of MVDDS commencement of operations, the MVDDS licensee
   shall provide the following information to the DBS licensee(s):

   (i) Geographic location (including NAD 83 coordinates) of its proposed
   station location;

   (ii) Maximum EIRP of each transmitting antenna system;

   (iii) Height above ground level for each transmitting antenna;

   (iv) Antenna type along with main beam azimuth and altitude orientation
   information, and description of the antenna radiation pattern;

   (v) Description of the proposed service area; and

   (vi) Survey results along with a technical description of how it determined
   compliance with the appropriate EPFD level at all DBS subscriber locations.

   (2)  No  later  than forty-five days after receipt of the MVDDS system
   information in paragraph (d)(1) of this section, the DBS licensee(s) shall
   provide  the MVDDS licensee with a list of only those new DBS customer
   locations that have been installed in the 30-day period following the MVDDS
   notification  and  that  the DBS licensee believes may receive harmful
   interference  or  where the prescribed EPFD limits may be exceeded. In
   addition,  the DBS licensee(s) could indicate agreement with the MVDDS
   licensee's technical assessment, or identify DBS customer locations that the
   MVDDS licensee failed to consider or DBS customer locations where they
   believe  the MVDDS licensee erred in its analysis and could exceed the
   prescribed EPFD limit.

   (3) Prior to commencement of operation, the MVDDS licensee must take into
   account any new DBS customers or other relevant information provided by DBS
   licensees  in response to the notification in paragraph (d)(1) of this
   section.

   (e)  Beginning  thirty  days after the DBS licensees are notified of a
   potential MVDDS site in paragraph (d)(1) of this section, the DBS licensees
   are responsible for providing information they deem necessary for those
   entities who install all future DBS receive antennas on its system to take
   into account the presence of MVDDS operations so that these DBS receive
   antennas can be located in such a way as to avoid the MVDDS signal. These
   later  installed  DBS receive antennas shall have no further rights of
   complaint against the notified MVDDS transmitting antenna(s).

   (f) In the event of either an increase in the EPFD contour in any direction
   or a major modification as defined in  Sec. 1.929 of this chapter, such as the
   addition of an antenna, to an MVDDS station, the procedures of paragraphs
   (d) and (e) of this section and rights of complaint begin anew. Exceptions
   to  this  are  renewal, transfer of control, and assignment of license
   applications.

   (g) Interference complaints. The MVDDS licensee must satisfy all complaints
   of interference to DBS customers of record which are received during a one
   year period after commencement of operation of the transmitting facility.
   Specifically, the MVDDS licensee must correct interference caused to a DBS
   customer of record or cease operation if it is demonstrated that the DBS
   customer is receiving harmful interference from the MVDDS system or that the
   MVDDS signal exceeds the permitted EPFD level at the DBS customer location.

Subpart Q—Service and Technical Rules for the 70/80/90 GHz Bands

   Source:    69 FR 3267 , Jan. 23, 2004, unless otherwise noted.