§  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]