**Auction 63 Seminar---September 28, 2005**

**Overview of Multichannel Video Distribution\
and Data Service\
(MVDDS) Rules**

**Unofficial Reference**

**[Selected Excerpts -- MVDDS Service Rules]{.underline}**

**Disclaimer**

Nothing herein is intended to supersede any provision of the
Commission\'s rules or public notices. This unofficial reference is
provided for convenience only and should not be used as a substitute for
a prospective applicant\'s review of the Commission\'s relevant orders,
rules, and public notices. Prospective applicants must familiarize
themselves thoroughly and remain current with the Commission\'s rules
relating to MVDDS, rules relating to application and auction procedures,
and the procedures, terms and conditions contained in the Auction No. 63
public notices.

PART 25---SATELLITE COMMUNICATIONS

**§ 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.

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

PART 101---FIXED MICROWAVE SERVICES

**§ 101.3   Definitions.**

As used in this part:

Multichannel Video Distribution and Data Service (MVDDS). A fixed
microwave service licensed in the 12.2--12.7 GHz band that provides
various wireless services. Mobile and aeronautical operations are
prohibited.

**§ 101.101   Frequency availability.**

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Radio service

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Frequency band (MHz) Other (Parts 15, 21,

Common carrier (Part Private radio (Part Broadcast auxiliary 22, 24, 25,
74, 78 Notes

101\) 101) (Part 74) & 100)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

12,200-12,700\...MVDDS\... MVDDS,POFS \... . . DBS, NGSO FSS\...\.....

**§ 101.103   Frequency coordination procedures.**

**(f) (1)** *Coordination and information sharing between MVDDS and NGSO
FSS licensees in the 12.2 GHz to 12.7 GHz band.* Prior to the
construction or addition of an MVDDS transmitting antenna in this
frequency band, the MVDDS licensee shall provide notice of intent to
construct the proposed antenna site to NGSO FSS licensees operating in
the 12.2--12.7 GHz frequency band and maintain an Internet web site of
all existing transmitting sites and transmitting antennas that are
scheduled for operation within one year including the "in service"
dates. In addition to the location of a proposed new transmitting
antenna, MVDDS licensees shall provide to the NGSO FSS licensees a
technical description of the operating characteristics of the proposed
transmission facility. At a minimum, the following information must be
included in each notification:

\(i\) Name of MVDDS licensee;

\(ii\) Geographic location (including NAD83 coordinates) of proposed
MVDDS transmitting antenna;

\(iii\) Maximum EIRP per 24 MHz;

\(iv\) Height above average terrain of the transmitting antenna;

\(v\) Type of antenna to be utilized;

\(vi\) Main beam azimuth and altitude orientation for the proposed
transmitting antenna;

\(vii\) Theoretically modeled antenna radiation pattern;

\(viii\) Type(s) of emissions, and;

\(ix\) Description of the proposed service area.

\(2\) If the proposed MVDDS antenna site does not meet the minimum
spacing requirements on the date of original notification or on
subsequent annual anniversary dates of non-operation as set forth in
§101.129, then the MVDDS licensee shall not construct the proposed
transmission facility unless all NGSO FSS licensees having active
subscribers within the minimum separation distance agree to a shorter
spacing. Nothing in this section shall preclude MVDDS and NGSO FSS
licensees from agreeing to accept the siting of new MVDDS transmitting
antennas that do no meet the minimum distance set forth in §101.129.
Incumbent point-to-point licensees\' (those not licensed as MVDDS)
facilities are to be operated in the band 12,200--12,700 MHz following
the procedures, technical standards, and requirements of §101.105 in
order to protect stations providing Direct Broadcast Satellite Service.

\[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997;
63 FR 6105, Feb. 6, 1998; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar.
24, 1998; 63 FR 68983, Dec. 14, 1998; 64 FR 45893, Aug. 23, 1999; 65 FR
38328, June 20, 2000; 67 FR 43037, June 26, 2002\]

**§ 101.105   Interference protection criteria.**

**(a)** The interference protection criteria for fixed stations subject
to this part are as follows:

\* \* \*

\(4\) 12.2--12.7 GHz band. (i) To accommodate co-primary NGSO FSS earth
stations in the 12.2--12.7 GHz band, the PFD of an MVDDS transmitting
system must not exceed −135 dBW/m^2^ in any 4 kHz band at a reference
point at the surface of the earth at a distance greater than 3
kilometers from the MVDDS transmitting antenna.

\(ii\) To accommodate co-primary Direct Broadcast Satellite Service
earth stations, an MVDDS transmitting system must not exceed the EPFD
levels specified in paragraph (a)(4)(ii)(B) of this section at any DBS
subscriber location in accordance with the procedures listed in
§101.1440 of this part.

\(A\) Definition of equivalent power flux density: The equivalent power
flux density (EPFD) is the power flux density produced at a direct
broadcast service (DBS) receive earth station, taking into account
shielding effects and the off-axis discrimination of the receiving
antenna assumed to be pointing at the appropriate DBS satellite(s) from
the transmitting antenna of a multichannel video distribution and data
service (MVDDS) transmit station. The EPFD in dBW/m^2^ in the reference
bandwidth is calculated using the following formula:

![](media/image1.png){width="3.5097222222222224in"
height="0.5513888888888889in"}

Where:

P~out~ = Total output power of the MVDDS transmitter (watts) into
antenna

Gm (*Θ*~m~,*φ*~m~ = Gain of the MVDDS antenna in the direction of the
DBS earth station

G~e~ (*Θ*~e~,*φ*~e~ = Gain of the earth station in the direction of the
MVDDS antenna

I = Interference scaling factor for the earth station (1 dB for MVDDS
transmitters employing the modulation discussed in Section 3.1.5 of the
MITRE Report (*i.e.,* a QPSK modulated signal passed through a
square-root raised cosine filter). For other modulation and filtering
schemes, the interference scaling factor can be measured using the
procedures described in Appendix A of the MITRE Report available at
*http://www.fcc.gov/oet/info/mitrereport/mitrereport_4_01.pdf*).

G~e,max~ = Maximum gain of the DBS earth station

d = the distance between the MVDDS transmitting antenna and the DBS
earth station (meters)

\(B\) Regional equivalent power flux density levels:

(*1*) −168.4 dBW/m^2^/4kHz in the Eastern region consisting of the
District of Columbia and the following states: Maine, New Hampshire,
Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Kentucky,
Tennessee, North Carolina, South Carolina, Georgia, Alabama,
Mississippi, Louisiana, and Florida;

(*2*) −169.8 dBW/m^2^/4kHz in the Midwestern region consisting of the
following states: Ohio, Michigan, Indiana, Wisconsin, Illinois,
Minnesota, Iowa, Missouri, Arkansas, South Dakota, Nebraska, Kansas,
Oklahoma, and Texas;

(*3*) −171.0 dBW/m^2^/4kHz in the Southwestern region consisting of the
following states: Wyoming, Colorado, New Mexico, Utah, Arizona, Nevada,
and California (south of 37° North Latitude);

(*4*) −172.1 dBW/m^2^/4kHz in the Northwestern region consisting of the
following states: Washington, Oregon, California (north of 37° North
Latitude), Idaho, Montana, North Dakota, Alaska, and Hawaii.

\(iii\) Except for public safety entities, harmful interference
protection from MVDDS stations to incumbent point-to-point 12 GHz fixed
stations is not required. Incumbent point-to-point private operational
fixed 12 GHz stations, except for public safety entities, are required
to protect MVDDS stations under the process described in §101.103(d) of
this part.

\(b\) In addition to the requirements of paragraph (a) of this section
the adjacent channel interference protection criteria to be afforded,
regardless of system length, or type of modulation, multiplexing, or
frequency band, must be such that the interfering signal does not
produce more than 1.0 dB degradation of the practical threshold of the
protected receiver. The "practical threshold" of the protected receiver
can be based upon the definition in TSB 10, referenced in paragraph (c)
of this section, or upon alternative generally acceptable good
engineering standards.

+-----------------------------------------------------------------------+
| \(c\) *Applying the criteria.* (1) Guidelines for applying the        |
| interference protection criteria for fixed stations subject to this   |
| part are specified in the Telecommunications Industry Association\'s  |
| Telecommunications Systems Bulletin TSB 10, "Interference Criteria    |
| for Microwave Systems" (TSB 10). Other procedures that follow         |
| generally acceptable good engineering practices are also acceptable   |
| to the Commission.                                                    |
|                                                                       |
| \(2\) If TSB 10 guidelines cannot be used, the following interference |
| protection criteria may be used by calculating the ratio in dB        |
| between the desired (carrier signal) and the undesired (interfering)  |
| signal (C/I ratio) appearing at the input to the receiver under       |
| investigation (victim receiver). Except as provided in §101.147 where |
| the applicant\'s proposed facilities are of a type not included in    |
| paragraphs (a) and (b) of this section or where the development of    |
| the carrier-to-interference (C/I) ratio is not covered by generally   |
| acceptable procedures, or where the applicant does not wish to        |
| develop the carrier-to-interference ratio, the applicant must, in the |
| absence of criteria or a developed C/I ratio, employ the following    |
| C/I protection ratios:                                                |
|                                                                       |
| \(i\) *Co-Channel Interference.* Both side band and carrier-beat,     |
| applicable to all bands; the existing or previously authorized system |
| must be afforded a carrier to interfering signal protection ratio of  |
| at least 90 dB, except in the 952--960 MHz band where it must be      |
| 75dB, and in the 71,000--76,000 MHz and 81,000--86,000 MHz bands      |
| where the criteria in paragraph (a)(5) of this section applies, and   |
| in the 92,000--94,000 MHz and 94,100--95,000 MHz bands, where the     |
| criteria in paragraph (a)(6) of this section applies; or              |
|                                                                       |
| \(ii\) *Adjacent Channel Interference.* Applicable to all bands; the  |
| existing or previously authorized system must be afforded a carrier   |
| to interfering signal protection ratio of at least 56 dB, except in   |
| the 71,000--76,000 MHz and 81,000--86,000 MHz bands where the         |
| criteria in paragraph (a)(5) of this section applies, and in the      |
| 92,000--94,000 MHz and 94,100--95,000 MHz bands, where the criteria   |
| in paragraph (a)(6) of this section applies.                          |
|                                                                       |
| \* \* \*                                                              |
+-----------------------------------------------------------------------+

\(d\) Effective August 1, 1985, when a fixed station that conforms to
the technical standards of this subpart (or, in the case of the
12,200--12,700 MHz band, for an incumbent non-MVDDS station or a direct
broadcast satellite station) receives or will receive interference in
excess of the levels specified in this section as a result of an
existing licensee\'s use of non-conforming equipment authorized between
July 20, 1961 and July 1, 1976, and the interference would not result if
the interfering station\'s equipment complied with the current technical
standards, the licensee of the non-conforming station must take whatever
steps are necessary to correct the situation up to the point of
installing equipment which fully conforms to the technical standards of
this subpart. In such cases, if the engineering analysis demonstrates
that:

\(1\) The conforming station would receive interference from a
non-conforming station in excess of the levels specified in this
section; and

\(2\) The interference would be eliminated if the non-conforming
equipment were replaced with equipment which complies with the standards
of this subpart, the licensee (or prospective licensee) of the station
which would receive interference must provide written notice of the
potential interference to both the non-conforming licensee and the
Commission\'s office in Gettysburg, PA. The non-conforming licensee must
make all required equipment changes within 180 days from the date of
official Commission notice informing the licensee that it must upgrade
its equipment, unless an alternative solution has been agreed to by all
parties involved in the interference situation. If a non-conforming
licensee fails to make all required changes within the specified period
of time, the Commission may require the licensee to suspend operation
until the changes are completed.

##### § 101.107   Frequency tolerance.

  -----------------------------------------------------------------------
  \(a\) The carrier frequency of each transmitter authorized in these
  services must be maintained within the following percentage of the
  reference frequency except as otherwise provided in paragraph (b) of
  this section or in the applicable subpart of this part (unless
  otherwise specified in the instrument of station authorization the
  reference frequency will be deemed to be the assigned frequency):

  -----------------------------------------------------------------------

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Frequency

Frequency (MHz) tolerance

(percent)

12,200 to 13,250 \\4\\\...\...\...\...\...\...\...\...\...\...\...\.....
0.005

\\4\\ Applicable to private operational fixed point-to-point microwave
and

stations providing MVDDS.

**§ 101.109   Bandwidth.**

\(a\) Each authorization issued pursuant to these rules will show, as
the emission designator, a symbol representing the class of emission
which must be prefixed by a number specifying the necessary bandwidth.
This figure does not necessarily indicate the bandwidth actually
occupied by the emission at any instant. In those cases where part 2 of
this chapter does not provide a formula for the computation of the
necessary bandwidth, the occupied bandwidth may be used in the emission
designator.

\(b\) Stations in this service will be authorized any type of emission,
method of modulation, and transmission characteristic, consistent with
efficient use of the spectrum and good engineering practice, except that
Type B, damped-wave emission will not be authorized.

\(c\) The maximum bandwidth which will be authorized per frequency
assigned is set out in the table that follows. Regardless of the maximum
authorized bandwidth specified for each frequency band, the Commission
reserves the right to issue a license for less than the maximum
bandwidth if it appears that a lesser bandwidth would be sufficient to
support an applicant\'s intended communications.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Frequency band (MHz) Maximum authorized bandwidth

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

12,200 to 12,700\\8\\\...\...\...\...\...\...\..... 500 megahertz

\\8\\ For incumbent private operational fixed point-to-point stations in

this band (those not licensed as MVDDS), the maximum bandwidth shall

be 20 MHz.

**\
§ 101.111   Emission limitations.**

\(a\) The mean power of emissions must be attenuated below the mean
output power of the transmitter in accordance with the following
schedule:

\(1\) When using transmissions other than those employing digital
modulation techniques:

\(i\) On any frequency removed from the assigned frequency by more than
50 percent up to and including 100 percent of the authorized bandwidth:
At least 25 decibels;

\(ii\) On any frequency removed from the assigned frequency by more than
100 percent up to and including 250 percent of the authorized bandwidth:
At least 35 decibels;

\(iii\) On any frequency removed from the assigned frequency by more
than 250 percent of the authorized bandwidth: At least 43+10 Log~10~
(mean output power in watts) decibels, or 80 decibels, whichever is the
lesser attenuation.

\(2\) When using transmissions employing digital modulation techniques
(see §101.141(b)) in situations not covered in this section:

\(i\) For operating frequencies below 15 GHz, in any 4 KHz band, the
center frequency of which is removed from the assigned frequency by more
than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 50 decibels:

A = 35 + 0.8(P −50) + 10 Log10 B. (Attenuation greater than 80 decibels
or to an absolute power of less than −13 dBm/1MHz is not required.)
where:

A = Attenuation (in decibels) below the mean output power level.

P = Percent removed from the center frequency of the transmitter
bandwidth.

B = Authorized bandwidth in MHz.

Note: MVDDS operations in the 12.2--12.7 GHz band shall use 24 megahertz
for the value of B in the emission mask equation set forth in this
section. The emission mask limitation shall only apply at the 12.2--12.7
GHz band edges and does not restrict MVDDS channelization bandwidth
within the band.

\[61 FR 26677, May 28, 1996, as amended at 62 FR 24582, May 6, 1997; 65
FR 59358, Oct. 5, 2000; 67 FR 43038, June 26, 2002; 68 FR 4957, Jan. 31,
2003; 69 FR 3266, Jan. 23, 2004; 69 FR 31746, June 7, 2004\]

#####  § 101.113   Transmitter power limitations.

  -----------------------------------------------------------------------
  \(a\) On any authorized frequency, the average power delivered to an
  antenna in this service must be the minimum amount of power necessary
  to carry out the communications desired. Application of this principle
  includes, but is not to be limited to, requiring a licensee who
  replaces one or more of its antennas with larger antennas to reduce its
  antenna input power by an amount appropriate to compensate for the
  increased primary lobe gain of the replacement antenna(s). In no event
  shall the average equivalent isotropically radiated power (EIRP), as
  referenced to an isotropic radiator, exceed the values specified below.
  In cases of harmful interference, the Commission may, after notice and
  opportunity for hearing, order a change in the effective radiated power
  of this station. Further, the output power of a transmitter on any
  authorized frequency in this service may not exceed the following:

  -----------------------------------------------------------------------

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Maximum allowable EIRP \\1\\ \\2\\

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Frequency band (MHz) Fixed \\1\\ ,\\2\\

(dBW) Mobile (dBW)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

12,200-12,700 \\11\\\...\...\...\...\... +50

\\1\\ Per polarization.

\\2\\ For multiple address operations, see § 101.147. Remote alarm

units that are part of a multiple address central station projection

system are authorized a maximum of 2 watts.

\\11\\ The EIRP for MVDDS stations is limited to 14.0 dBm per 24 MHz\
(‑16.0 dBW per 24 MHz). Incumbent point-to-point stations may use

up to +50 dBW except for low power systems which were licensed under

§ 101.147(q).

+-----------------------------------------------------------------------+
| **§ 101.115   Directional antennas.**                                 |
|                                                                       |
| (a) Unless otherwise authorized upon specific request by the          |
| applicant, each station authorized under the rules of this part must  |
| employ a directional antenna adjusted with the center of the major    |
| lobe of radiation in the horizontal plane directed toward the         |
| receiving station with which it communicates: *provided, however,*    |
| where a station communicates with more than one point, a multi- or    |
| omni-directional antenna may be authorized if necessary. New          |
| Periscope antenna systems will not, under ordinary circumstances, be  |
| authorized.                                                           |
|                                                                       |
| \(b\) Fixed stations (other than temporary fixed stations and DEMS    |
| nodal stations) operating at 932.5 MHz or higher must employ          |
| transmitting and receiving antennas (excluding second receiving       |
| antennas for operations such as space diversity) meeting the          |
| appropriate performance Standard A indicated below, except that in    |
| areas not subject to frequency congestion, antennas meeting           |
| performance Standard B may be used, subject to the requirements set   |
| forth in paragraph (d) of this section. Licensees shall comply with   |
| the antenna standards table shown in this paragraph in the following  |
| manner:                                                               |
|                                                                       |
| \(1\) With either the maximum beamwidth to 3 dB points requirement or |
| with the minimum antenna gain requirement; and                        |
|                                                                       |
| \(2\) With the minimum radiation suppression to angle requirement.    |
+-----------------------------------------------------------------------+

Antenna Standards

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Maximum Minimum radiation suppression to angle in degrees from
centerline

beamwidth of main beam in decibels

to 3 dB Minimum
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

points \\1\\ antenna

Frequency (MHz) Category (included gain 10° 15° 20° 30° 100° 140°

(angle in (dbi) 5° to to to to to to

degrees) to10° 15° 20° 30° 100° 140° 180°

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

12,200 to 13,250 \\9\\\...\...\.....A 1.0 n/a 23 28 35 39 41 42 50

B 2.0 n/a 20 25 28 30 32 37 47

\\9\\ Except for Temporary-fixed operations in the band 13200-13250 MHz
with output powers less than 250 mW and as provided in § 101.147(q), and

except for antennas in the MVDDS service in the band 12.2-12.7 GHz.

**§ 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.

\[61 FR 26677, May 28, 1996, as amended at 63 FR 68983, Dec. 14, 1998;
67 FR 43038, June 26, 2002\]

**§ 101.141   Microwave modulation.**

(a) Microwave transmitters employing digital modulation techniques and
operating below 25.25 GHz (except for MVDDS stations in the
12,200--12,700 MHz band) must, with appropriate multiplex equipment,
comply with the following additional requirements:

\* \* \*

**§ 101.147   Frequency assignments.**

\(a\) Frequencies in the following bands are available for assignment
for fixed microwave services.

12,200--12,700 MHz (31)

\(31\) This frequency band can be used for Multichannel Video
Distribution and Data Service (MVDDS) shared with Direct Broadcast
Satellite (DBS) Services on a co-primary non-harmful interference basis
and on a co-primary basis with NGSO FSS satellite earth stations.
Incumbent private operational fixed point-to-point licensees can also
use these frequencies on a site by site basis.

\* \* \*

\(p\) 12,000--12,700 MHz. The Commission has allocated the 12.2--12.7
GHz band for use by the Direct Broadcast Satellite Service (DBS), the
Multichannel Video Distribution and Data Service (MVDDS), and the
Non-Geostationary Satellite Orbit Fixed Satellite Service (NGSO FSS).
MVDDS shall be licensed on a non-harmful interference co-primary basis
to existing DBS operations and on a co-primary basis with NGSO FSS
stations in this band. MVDDS use can be on a common carrier and/or
non-common carrier basis and can use channels of any desired bandwidth
up to the maximum of 500 MHz provided the EIRP does not exceed 14 dBm
per 24 megahertz. Private operational fixed point-to-point microwave
stations authorized after September 9, 1983, are licensed on a
non-harmful interference basis to DBS and are required to make any and
all adjustments necessary to prevent harmful interference to operating
domestic DBS receivers. Incumbent public safety licensees shall be
afforded protection from MVDDS and NGSO FSS licensees, however all other
private operational fixed licensees shall be secondary to DBS, MVDDS and
NGSO FSS licensees. As of May 23, 2002, the Commission no longer accepts
applications for new licenses for point-to-point private operational
fixed stations in this band, however, incumbent licensees and previously
filed applicants may file applications for minor modifications and
amendments (as defined in §1.929 of this chapter) thereto, renewals,
transfer of control, or assignment of license. Notwithstanding any other
provisions, no private operational fixed point-to-point microwave
stations are permitted to cause harmful interference to
broadcasting-satellite stations of other countries operating in
accordance with the Region 2 plan for the Broadcasting-Satellite Service
established at the 1983 WARC.

\(q\) Special provisions for incumbent low power, limited coverage
systems in the band segments 12.2--12.7 GHz.

\(1\) As of May 23, 2002, the Commission no longer accepts applications
for new stations in this service and incumbent stations may remain in
service provided they do not cause harmful interference to any other
primary services licensed in this band as described in paragraph (p) of
this section. However, incumbent licensees and previously filed
applicants may file applications for minor modifications and amendments
(as defined in §1.929 of this chapter) thereto, renewals, transfer of
control, or assignment of license.

\(2\) Prior to December 8, 2000, notwithstanding any contrary provisions
in this part, the frequency pairs 12.220/12.460 GHz, 12.260/12.500 GHz,
12.300/12.540 GHz and 12.340/12.580 GHz, were authorized for low power,
limited coverage systems subject to the following provisions:

\(i\) Maximum equivalent isotropically radiated power (EIRP) shall be 55
dBm;

\(ii\) The rated transmitter output power shall not exceed 0.5 watts;

\(iii\) Frequency tolerance shall be maintained to within 0.01 percent
of the assigned frequency;

\(iv\) Maximum beamwidth shall not exceed 4 degrees. However, the
sidelobe suppression criteria contained in §101.115 shall not apply,
except that a minimum front-to-back ratio of 38 dB shall apply;

\(v\) Upon showing of need, a maximum bandwidth of 12 MHz may be
authorized per frequency assigned;

\(vi\) Radio systems authorized under the provisions of this section
shall have no more than three hops in tandem, except upon showing of
need, but in any event the maximum tandem length shall not exceed 40 km
(25 miles);

\(vii\) Interfering signals at the receiver antenna terminals of
stations authorized under this section shall not exceed --90 dBm and
--70 dBm respectively, for co-channel and adjacent channel interfering
signals, and

\(viii\) Stations authorized under the provisions of this section shall
provide the protection from interference specified in §101.105 to
stations operating in accordance with the provisions of this part.

##### Subpart P---Multichannel Video Distribution and Data Service Rules for the 12.2--12.7 GHz Band

**Source:**   69 FR 31746, June 7, 2004, unless otherwise noted.

**§ 101.1401   Service areas.**

Multichannel Video Distribution and Data Service (MVDDS) is licensed on
the basis of Designated Market Areas (DMAs). The 214 DMA service areas
are based on the 210 Designated Market Areas delineated by Nielsen Media
Research and published in its publication entitled U.S. Television
Household Estimates, September 2002, plus four FCC-defined DMA-like
service areas.

\(a\) Alaska---Balance of State (all geographic areas of Alaska not
included in Nielsen\'s three DMAs for the state: Anchorage, Fairbanks,
and Juneau);

\(b\) Guam and the Northern Mariana Islands;

\(c\) Puerto Rico and the United States Virgin Islands; and

\(d\) American Samoa.

**§ 101.1403   Broadcast carriage requirements.**

MVDDS licensees are not required to provide all local television
channels to subscribers within its area and thus are not required to
comply with the must-carry rules, nor the local signal carriage
requirements of the *Rural Local Broadcast Signal Act.* See Multichannel
Video and Cable Television Service Rules, Subpart D (Carriage of
Television Broadcast Signals), 47 CFR 76.51--76.70. If an MVDDS licensee
meets the statutory definition of Multiple Video Programming Distributor
(MVPD), the retransmission consent requirement of section 325(b)(1) of
the Communications Act of 1934, as amended (47 U.S.C. 325(b)(1)) shall
apply to that MVDDS licensee. Any MVDDS licensee that is an MVPD must
obtain the prior express authority of a broadcast station before
retransmitting that station\'s signal, subject to the exceptions
contained in section 325(b)(2) of the Communications Act of 1934, as
amended (47 U.S.C. 325(b)(2)). Network nonduplication, syndicated
exclusivity, sports blackout, and leased access rules shall not be
imposed on MVDDS licensees.

**§ 101.1405   Channeling plan.**

Each license shall have one spectrum block of 500 megahertz per
geographic area that can be divided into any size channels.
Disaggregation is not allowed.

**§ 101.1407   Permissible operations for MVDDS.**

MVDDS licensees must use spectrum in the 12.2--12.7 GHz band for any
digital fixed non-broadcast service (broadcast services are intended for
reception of the general public and not on a subscribership basis)
including one-way direct-to-home/office wireless service. Mobile and
aeronautical services are not authorized. Two-way services may be
provided by using other spectrum or media for the return or upstream
path.

**§ 101.1409   Treatment of incumbent licensees.**

Terrestrial private operational fixed point-to-point licensees in the
12.2--12.7 GHz band which were licensed prior to MVDDS or NGSO FSS
satellite stations are incumbent point-to-point stations and are not
entitled to protection from harmful interference caused by later MVDDS
or NGSO FSS entrants in the 12.2--12.7 GHz band, except for public
safety stations which must be protected. MVDDS and NGSO FSS operators
have the responsibility of resolving any harmful interference problems
that their operations may cause to these public safety incumbent
point-to-point operations in the 12.2--12.7 GHz band. Incumbent public
safety terrestrial point-to-point licensees may only make minor changes
to their stations without losing this protection. This does not relieve
current point-to-point licensees of their obligation to protect BSS
operations in the subject frequency band. All point-to-point
applications, including low-power operations, for new licenses, major
amendments to pending applications, or major modifications to existing
licenses for the 12.2--12.7 GHz band are no longer accepted except for
renewals and changes in ownership. See §1.929 of this chapter for
definitions of major and minor changes.

**§ 101.1411   Regulatory status and eligibility.**

(a) MVDDS licensees are permitted to provide one-way video programming
and data services on a non-common carrier and/or on a common carrier
basis. MVDDS is not required to be treated as a common carrier service
unless it is providing non-Internet voice and data services through the
public switched network.

\(b\) MVDDS licensees in the 12.2--12.7 GHz band are subject to the
requirements set forth in §101.7.

\(c\) Any entity, other than one precluded by §§101.7 and 101.1412, is
eligible for authorization to provide MVDDS under this part.
Authorization will be granted upon proper application filing in
accordance with the Commission\'s rules.

**§ 101.1412   MVDDS eligibility restrictions for cable operators.**

(a) Eligibility for MVDDS license. No cable operator, nor any entity
owning an attributable interest in a cable operator, shall have an
attributable interest in an MVDDS license if such cable operator\'s
service area significantly overlaps the MVDDS license area, as
"significantly overlaps" is defined in paragraph (e) of this section.

\(b\) Definition of cable operator. For the purposes of paragraph (a) of
this section, the term "cable operator" means a company that is
franchised to provide cable service, as defined in 47 CFR 76.5(ff) of
this chapter, in all or part of the MVDDS license area.

\(c\) For the purpose of this section, the term "MVPD household" refers
to a household that subscribes to one or more Multichannel Video Program
Distributors (MVPDs), as defined in 47 CFR 76.1000(e) of this chapter.

\(d\) Waiver of restriction. Upon completion of the initial award of an
MVDDS license, a cable operator may petition for a waiver of the
restriction on eligibility based upon a showing that changed
circumstances or new evidence indicate that no significant likelihood of
substantial competitive harm will result from the operator retaining an
attributable interest in the MVDDS license.

\(e\) Significant overlap with service area. For purposes of paragraph
(a) of this section, significant overlap occurs when a cable operator\'s
subscribers in the MVDDS license area make up thirty-five percent or
more of the MVPD households in that MVDDS license area.

\(f\) Definition of attributable interest. For purposes of paragraph (a)
of this section, an entity shall be considered to have an attributable
interest in a cable operator or MVDDS licensee pursuant to the following
criteria:

\(1\) A controlling interest shall constitute an attributable interest.
Controlling interest means majority voting equity ownership, any general
partnership interest, or any means of actual working control (including
negative control) over the operation of the entity, in whatever manner
exercised.

\(2\) Any general partnership interest in a partnership;

\(3\) Partnership and similar ownership interests (including limited
partnership interests) amounting to 20 percent or more of the total
partnership interests, calculated according to both the percentage of
equity paid in and the percentage of distribution of profits and losses;

\(4\) Any stock interest amounting to 20 percent or more of the
outstanding voting stock of an entity;

\(5\) Any voting or non-voting stock interest, amounting to 20 percent
or more of the total outstanding stock of an entity;

\(6\) Stock interests held in trust that exceed the limit set forth in
paragraph (f) of this section shall constitute an attributable interest
of any person who holds or shares the power to vote such stock, of any
person who has the sole power to sell such stock, and, in the case of
stock held in trust, of any person who has the right to revoke the trust
at will or to replace the trustee at will. If the trustee has a
familial, personal, or extra-trust business relationship to the grantor
or the beneficiary, the stock interests held in trust shall constitute
an attributable interest of such grantor or beneficiary, as appropriate.

\(7\) Debt and interests such as warrants and convertible debentures,
options, or other interests (except non-voting stock) with rights of
conversion to voting interests shall not constitute attributable
interests unless and until conversion is effected.

\(8\) An interest in a Limited Liability Company (LLC) or Registered
Limited Liability Partnership (RLLP) amounting to 20 percent or more,
shall constitute an attributable interest of each such limited partner.

\(9\) Officers and directors of a cable operator, an MVDDS licensee, or
an entity that controls such cable operator or MVDDS licensee, shall be
considered to have an attributable interest in such cable operator or
MVDDS licensee.

\(10\) Ownership interests that are held indirectly by any party through
one or more intervening corporations or other entities shall be
determined by successive multiplication of the ownership percentages for
each link in the vertical ownership chain and application of the
relevant attribution benchmark to the resulting product, except that, if
the ownership for any interest in any link in the chain exceeds 50
percent or represents actual control, it shall be treated as if it were
a 100 percent interest.

\(11\) Any person who manages the operations of a cable operator or an
MVDDS licensee pursuant to a management agreement shall be considered to
have an attributable interest in such cable operator or MVDDS licensee,
if such person or its affiliate has authority to make decisions or
otherwise engage in practices or activities that determine, or
significantly influence:

\(i\) The nature or types of services offered by such entity;

\(ii\) The terms upon which such services are offered; or

\(iii\) The prices charged for such services.

\(12\) Any person or its affiliate who enters into a joint marketing
arrangement with a cable operator, an MVDDS licensee, or an affiliate of
such entity, shall be considered to have an attributable interest in
such cable operator, MVDDS licensee, or affiliate, if such person or its
affiliate has authority to make decisions or otherwise engage in
practices or activities that determine:

\(i\) The nature or types of services offered by such entity;

\(ii\) The terms upon which such services are offered; or

\(iii\) The prices charged for such services.

\(g\) *Divestiture.* Any cable operator, or any entity owning an
attributable interest in a cable operator, that would otherwise be
barred from acquiring an attributable interest in an MVDDS license by
the eligibility restriction in paragraph (a) of this section, may be a
party to an MVDDS application (*i.e.,* have an attributable interest in
the applicant), and such applicant will be eligible for an MVDDS
license, pursuant to the divestiture procedures set forth in paragraphs
(g)(1) through (g)(6) of this section.

\(1\) Divestiture shall be limited to the following prescribed means:

\(i\) An MVDDS applicant holding an attributable interest in a cable
operator may divest such interest in the cable company.

\(ii\) Other MVDDS applicants disqualified under paragraph (a) of this
section, will be permitted to:

\(A\) Partition and divest that portion of the existing service area
that causes it to exceed the overlap restriction in paragraph (a) of
this section, subject to applicable regulations of state and local
governments; or

\(B\) Partition and divest that portion of the MVDDS geographic service
area that exceeds the overlap restriction in paragraph (a) of this
section.

\(iii\) Divestiture may be to an interim trustee if a buyer has not been
secured in the required period of time, as long as the MVDDS applicant
has no interest in or control of the trustee and the trustee may dispose
of the license as it sees fit.

\(2\) The MVDDS applicant shall certify as an exhibit to its short form
application that it and all parties to the application will come into
compliance with paragraph (a) of this section.

\(3\) If such MVDDS applicant is a successful bidder in an auction, it
must submit with its long-form application a signed statement describing
its efforts to date and future plans to come into compliance with the
eligibility restrictions in paragraph (a) of this section.

\(4\) If such an MVDDS applicant is otherwise qualified, its application
will be granted subject to a condition that the applicant shall come
into compliance with the eligibility restrictions in paragraph (a)
within ninety (90) days of final grant of such MVDDS license.

\(5\) An MVDDS applicant will be considered to have come into compliance
with paragraph (a) of this section if:

\(i\) In the case of the divestiture of a portion of an MVDDS license
service area, it has successfully completed the assignment or transfer
of control of the requisite portion of the MVDDS geographic service
area.

\(ii\) In all other cases, it has submitted to the Commission a signed
certification that it has come into compliance with paragraph (a) of
this section by the following means, identified in such certification:

\(A\) By divestiture of a disqualifying interest in a cable operator,
identified in terms of the interest owned, the owner of such interest
(and, if such owner is not the applicant itself, the relationship of the
owner to the applicant), the name of the party to whom such interest has
been divested, and the date such divestiture was executed; or

\(B\) By divestiture of the requisite portion of the cable operator\'s
existing service area, identified in terms of the name of the party to
whom such interest has been divested, the date such divestiture was
executed, the name of any regulatory agency that must approve such
divestiture, and the date on which an application was filed for this
purpose with the regulatory agency.

\(6\) If no such certification or application is tendered to the
Commission within ninety (90) days of final grant of the initial
license, the Commission may cancel or rescind the license automatically,
shall retain all monies paid to the Commission, and, based on the facts
presented, shall take any other action it may deem appropriate.

Note to *§101.1412:* Waivers of §101.1412(f) may be granted upon an
affirmative showing:

\(a\) That the interest holder has less than a fifty percent voting
interest in the licensee and there is an unaffiliated single holder of a
fifty percent or greater voting interest;

\(b\) That the interest holder is not likely to affect the local market
in an anticompetitive manner;

\(c\) That the interest holder is not involved in the operations of the
licensee and does not have the ability to influence the licensee on a
regular basis; and

\(d\) That grant of a waiver is in the public interest because the
benefits to the public of common ownership outweigh any potential
anticompetitive harm to the market.

\[69 FR 31746, June 7, 2004, as amended at 69 FR 59146, Oct. 4, 2004\]

**§ 101.1413   License term and renewal expectancy.**

(a) The MVDDS license term is ten years, beginning on the date of the
initial authorization grant.

\(b\) Application of a renewal expectancy is based on a showing of
substantial service at the end of five years into the license period and
ten years into the license period. The substantial service requirement
is defined as a service that is sound, favorable, and substantially
above a level of mediocre service which might minimally warrant renewal.
At the end of five years into the license term and ten years into the
license period, the Commission will consider factors such as:

\(1\) Whether the licensee\'s operations service niche markets or focus
on serving populations outside of areas serviced by other MVDDS
licensees;

\(2\) Whether the licensee\'s operations serve populations with limited
access to telecommunications services; and

\(3\) A demonstration of service to a significant portion of the
population or land area of the licensed area.

\(c\) The renewal application of an MVDDS licensee must include the
following showings in order to claim a renewal expectancy:

\(1\) A coverage map depicting the served and unserved areas;

\(2\) A corresponding description of current service in terms of
geographic coverage and population served or transmitter locations in
the served areas; and

\(3\) Copies of any Commission Orders finding the licensee to have
violated the Communications Act or any Commission rule or policy and a
list of any pending proceedings that relate to any matter described by
the requirements for the renewal expectancy.

**§ 101.1415   Partitioning and disaggregation.**

(a) MVDDS licensees are permitted to partition licensed geographic areas
along county borders (Parishes in Louisiana or Territories in Alaska).
Disaggregation will not be permitted by MVDDS licensees in the
12.2--12.7 GHz band. "Partitioning" is the assignment of geographic
portions of a license along geopolitical or other boundaries.
"Disaggregation" is the assignment of discrete portions or "blocks" of
spectrum licensed to a geographic licensee or qualifying entity.

\(b\) *Eligibility.* (1) Parties seeking approval for partitioning shall
request from the Commission an authorization for partial assignment of a
license pursuant to §1.948 of this chapter.

\(2\) MVDDS licensees may apply to the Commission to partition their
licensed geographic service areas to eligible entities and are free to
partition their licensed spectrum at any time following the grant of a
license.

\(3\) Any existing frequency coordination agreements shall convey with
the assignment of the geographic area or spectrum, and shall remain in
effect for the term of the agreement unless new agreements are reached.

\(c\) *Technical standards.* (1) Partitioning. In the case of
partitioning, applicants and licensees must file FCC Form 603 pursuant
to §1.948 of this chapter and list the partitioned service area on a
schedule to the application.

\(2\) The geographic coordinates must be specified in degrees, minutes,
and seconds to the nearest second of latitude and longitude and must be
based upon the 1983 North American Datum (NAD83).

\(d\) *Unjust enrichment.* 12 GHz licensees that received a bidding
credit and partition their licenses to entities not meeting the
eligibility standards for such a bidding credit, will be subject to the
provisions concerning unjust enrichment as set forth in §1.2111 of this
chapter.

\(e\) *License term.* The MVDDS license term is ten years, beginning on
the date of the initial authorization grant. The license term for a
partitioned license area shall be the remainder of the original
licensee\'s license term as provided for in §101.1413.

\(f\) *Construction requirements.* Applications requesting approval for
partitioning must include a certification by each party stating that one
or both parties will satisfy the construction requirement set forth in
§101.1413. Failure by a party to meet its respective construction
requirement will result in the automatic cancellation of its license
without further Commission action.

**§ 101.1417   Annual report.**

Each MVDDS licensee shall file with the Broadband Division of the
Wireless Telecommunications Bureau of the Commission two copies of a
report by March 1 of each year for the preceding calendar year. This
report must include the following:

\(a\) Name and address of licensee;

\(b\) Station(s) call letters and primary geographic service area(s);
and

\(c\) The following statistical information for the licensee\'s station
(and each channel thereof):

\(1\) The total number of separate subscribers served during the
calendar year;

\(2\) The total hours of transmission service rendered during the
calendar year to all subscribers;

\(3\) The total hours of transmission service rendered during the
calendar year involving the transmission of local broadcast signals; and

\(4\) A list of each period of time during the calendar year in which
the station rendered no service as authorized, if the time period was a
consecutive period longer than 48 hours.\
\
**§ 101.1421   Coordination of adjacent area MVDDS stations.**

\(a\) MVDDS licensees in the 12.2--12.7 GHz band are required to develop
sharing and protection agreements based on the design and architecture
of their systems, in order to ensure that no harmful interference occurs
between adjacent geographical area licensees. MVDDS licensees shall:

\(1\) Engineer systems to be reasonably compatible with adjacent and
co-channel operations in the adjacent areas on all its frequencies; and

\(2\) Cooperate fully and in good faith to resolve interference and
transmission problems that are present on adjacent and co-channel
operations in adjacent areas.

\(b\) Harmful interference to public safety stations, co-channel MVDDS
stations operating in adjacent geographic areas, and stations operating
on adjacent channels to MVDDS stations is prohibited. In areas where the
DMAs are in close proximity, careful consideration should be given to
power requirements and to the location, height, and radiation pattern of
the transmitting and receiving antennas. Licensees are expected to
cooperate fully in attempting to resolve problems of potential
interference before bringing the matter to the attention of the
Commission.

\(c\) Licensees shall coordinate their facilities whenever the
facilities have optical line-of-sight into other licensees\' areas or
are within the same geographic area. Licensees are encouraged to develop
operational agreements with relevant licensees in the adjacent
geographic areas. Incumbent public safety POFS licensee(s) shall retain
exclusive rights to its channel(s) within the relevant geographical
areas and must be protected in accordance with the procedures in
§101.103. A list of public safety incumbents is attached as Appendix I
to the Memorandum Opinion and Order and Second Report and Order, Docket
98--206, released May 23, 2002. Please check with the Commission for any
updates to that list.

**§ 101.1423   Canadian and Mexican coordination.**

Pursuant to §2.301 of this chapter, MVDDS systems in the United States
within 56 km (35 miles) of the Canadian and Mexican border will be
granted conditional licenses, until final international agreements are
approved. These systems may not cause harmful interference to stations
in Canada or Mexico. MVDDS stations must comply with the procedures
outlined under §101.147(p) and §1.928(f)(1) and (f)(2) of this chapter
until final international agreements concerning MVDDS are signed.
Section 1.928(f) of this chapter states that transmitting antennas can
be located as close as five miles (eight kilometers) of the border if
they point within a sector of 160 degrees away from the border, and as
close as thirty-five miles (fifty-six km) of the border if they point
within a sector of 200 degrees toward the border without coordination
with Canada. MVDDS licensees shall apply this method near the Canadian
and Mexican borders. No stations are allowed within 5 miles of the
borders.

**§ 101.1425   RF safety.**

MVDDS stations in the 12.2--12.7 GHz frequency band do not operate with
output powers that equal or exceed 1640 watts EIRP and therefore will
not be subject to the routine environmental evaluation rules for
radiation hazards, as set forth in §1.1307 of this chapter.

**§ 101.1427   MVDDS licenses subject to competitive bidding.**

Mutually exclusive initial applications for MVDDS licenses in the
12.2--12.7 GHz band are subject to competitive bidding. The general
competitive bidding procedures set forth in part 1, subpart Q of this
chapter will apply unless otherwise provided in this subpart.

**§ 101.1429   Designated entities.**

(a) *Eligibility for small business provisions.* (1) A very small
business is an entity that, together with its controlling interests and
affiliates, has average annual gross revenues not exceeding \$3 million
for the preceding three years.

\(2\) A small business is an entity that, together with its controlling
interests and affiliates, has average annual gross revenues not
exceeding \$15 million for the preceding three years.

\(3\) An entrepreneur is an entity that, together with its controlling
interests and affiliates, has average annual gross revenues not
exceeding \$40 million for the preceding three years.

\(b\) *Bidding credits.* A winning bidder that qualifies as a very small
business, as defined in this section, or a consortium of very small
businesses may use the bidding credit specified in §1.2110(f)(2)(i) of
this chapter. A winning bidder that qualifies as a small business, as
defined in this section, or a consortium of small businesses may use the
bidding credit specified in §1.2110(f)(2)(ii) of this chapter. A winning
bidder that qualifies as an entrepreneur, as defined in this section, or
a consortium of entrepreneurs may use the bidding credit specified in
§1.2110(f)(2)(iii) of this chapter.

**§ 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.