Sec.  21.903   Purpose and permissible service.

   

   (a) Multipoint Distribution Service channels are available for
   transmissions from MDS stations and associated MDS signal booster
   stations to receive locations, and from MDS response stations to
   response station hubs. 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 also 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
   (e.g., 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.

   (d) An MDS licensee also may alternate, without further authorization
   required, between rendering service on a common carrier and non-common
   carrier basis, provided that the licensee notifies the Commission of
   any service status changes at least 30 days in advance of such
   changes. The notification shall state whether there is any affiliation
   or relationship to any intended or likely subscriber or program
   originator.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  52 FR 27556 , July 22, 1987;
    61 FR 26676 , May 28, 1996;  63 FR 65103 , Nov. 25, 1998;  64 FR 4054 ,
   Jan. 27, 1999;  64 FR 63732 , Nov. 22, 1999]