§  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 § 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
   § 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 § 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 § 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.