Sec. 21.903  Purpose and permissible service.

    (a) Multipoint Distribution Service stations are generally intended 
to provide one-way radio transmission (usually in an omnidirectional 
pattern)

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from a stationary transmitter to multiple receiving facilities located 
at fixed points. When service is provided on a common carrier basis, 
subscriber supplied information is transmitted to points designated by 
the subscriber. When service is provided on a non-common carrier basis, 
transmissions may include information originated by persons other than 
the licensee, licensee- manipulated information supplied by other 
persons, or information originated by the licensee. Point-to-point radio 
return links from a subscriber's location to a MDS operator's facilities 
may be authorized in the 18,580 through 18,820 MHz and 18,920 through 
19,160 MHz bands. Rules governing such operation are contained in 
subpart I of part 101 of this chapter, the Point-to-Point Microwave 
Radio Service.
    (b) Unless otherwise directed or conditioned in the applicable 
instrument of authorization, Multipoint Distribution Service stations 
may render any kind of communications service consistent with the 
Commission's rules on a common carrier or on a non-common carrier basis, 
Provided That:
    (1) Unless service is rendered on a non-common carrier basis, the 
common carrier controls the operation of all receiving facilities 
(including any equipment necessary to convert the signal to a standard 
television channel but excluding the television receiver); and
    (2) Unless service is rendered on a non-common carrier basis, the 
common carrier's tariff allows the subscriber the option of owning the 
receiving equipment (except for the decoder) so long as:
    (i) The customer provides the type of equipment as specified in the 
tariff;
    (ii) Such equipment is in suitable condition for the rendition of 
satisfactory service; and
    (iii) Such equipment is installed, maintained, and operated pursuant 
to the common carrier's instructions and control.
    (c) The carrier's tariff shall fully describe the parameters of the 
service to be provided, including the degree of privacy of 
communications a subscriber can expect in ordinary service. If the 
ordinary service does not provide for complete security of transmission, 
the tariff shall make provision for service with such added protection 
upon request.
[ 44 FR 60534 , Oct. 19, 1979, as amended at  52 FR 27556 , July 22, 1987; 
 61 FR 26676 , May 28, 1996]