§ 25.139   NGSO FSS coordination and information sharing between MVDDS
licensees in the 12.2 GHz to 12.7 GHz band.

   (a) NGSO FSS licensees shall maintain a subscriber database in a format
   that can be readily shared with MVDDS licensees for the purpose of
   determining compliance with the MVDDS transmitting antenna spacing
   requirement relating to qualifying existing NGSO FSS subscriber
   receivers set forth in § 101.129 of this chapter. This information
   shall not be used for purposes other than set forth in § 101.129 of
   this chapter. Only sufficient information to determine compliance with
   § 101.129 of this chapter is required.

   (b) Within ten business days of receiving notification of the location
   of a proposed MVDDS transmitting antenna, the NGSO FSS licensee shall
   provide sufficient information from the database to enable the MVDDS
   licensee to determine whether the proposed MVDDS transmitting site
   meets the minimum spacing requirement.

   (c) If the location of the proposed MVDDS transmitting antenna site
   does not meet the separation requirements of § 101.129 of this chapter,
   then the NGSO FSS licensee shall also indicate to the MVDDS licensee
   within the same ten day period specified in paragraph (b) of this
   section whether the proposed MVDDS transmitting site is acceptable at
   the proposed location.

   (d) Nothing in this section shall preclude NGSO FSS and MVDDS licensees
   from entering into an agreement to accept MVDDS transmitting antenna
   locations that are shorter-spaced from existing NGSO FSS subscriber
   receivers than the distance set forth in § 101.129 of this chapter.

   [ 67 FR 43037 , June 26, 2002, as amended at  68 FR 43945 , July 25, 2003]

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