Sec.  101.129   Transmitter location.

   (a) The applicant must determine, prior to filing an application for a radio
   station authorization, that the antenna site specified therein is adequate
   to render the service proposed. In cases of questionable antenna locations,
   it is desirable to conduct propagation tests to indicate the field intensity
   which may be expected in the principal areas or at the fixed points of
   communication to be served, particularly where severe shadow problems may be
   expected. In considering applications proposing the use of such locations,
   the  Commission may require site survey tests to be made pursuant to a
   developmental authorization in the particular service concerned. In such
   cases, propagation tests should be conducted in accordance with recognized
   engineering  methods  and  should  be made with a transmitting antenna
   simulating, as near as possible, the proposed antenna installation. Full
   data obtained from such surveys and its analysis, including a description of
   the methods used and the name, address and qualifications of the engineer
   making the survey, must be supplied to the Commission.

   (b) In the 12.2–12.7 GHz band, licensees must not locate MVDDS transmitting
   antennas within 10 km of any qualifying NGSO FSS receiver unless mutual
   agreement  is  obtained between the MVDDS and NGSO FSS licensees. Such
   agreements  must  be  retained by the licensees and made available for
   inspection by interested parties upon request.

   (1) A qualifying NGSO FSS receiver, for the purposes of this section, is
   deemed to be one that is in regular use by an NGSO FSS subscriber for normal
   reception purposes in the 12.2–12.7 GHz band and not one for monitoring or
   testing  purposes. In addition, qualifying receivers must either be in
   operation on the date or already be under construction and then operating
   within thirty days of the date that the MVDDS licensee notifies the NGSO FSS
   licensee of its intent to construct a new MVDDS transmitting antenna at a
   specified location.

   (2) Except as provided in paragraph (b)(3) of this section, the 10 kilometer
   spacing requirement for each MVDDS transmitting antenna site shall not apply
   with  respect  to NGSO FSS receivers that might be installed or become
   operational (except for those under construction and operating within thirty
   days as specified in paragraph (b)(1) of this section) subsequent to the
   original date that the MVDDS licensee provided notice of its intention to
   construct a given transmission facility.

   (3) In the event that a proposed MVDDS transmitting antenna for which notice
   has been duly given to the NGSO FSS licensees has not been placed in normal
   operation within one calendar year of the date of notice, then the MVDDS
   licensee loses the benefit of the original notice. Upon such anniversary,
   the  MVDDS  licensee  must re-determine compliance with the minimum 10
   kilometer spacing requirement based upon locations of qualifying NGSO FSS
   receivers on that anniversary date. A new determination of compliance with
   the spacing requirement shall be made for each succeeding anniversary of
   non-operation  for each proposed MVDDS transmission site or additional
   antenna.  This  provision contemplates that failure to commence normal
   operation at a given MVDDS transmitting antenna site within one year of the
   date of NGSO FSS notification may require successive relocations of the
   proposed transmitter site in order to meet the minimum spacing distance as
   determined on each anniversary of non-operation.

   [ 61 FR 26677 , May 28, 1996, as amended at  63 FR 68983 , Dec. 14, 1998;  67 FR 43038 , June 26, 2002]