# APPENDIX D: FINAL RULES

**PART 25 -- SATELLITE COMMUNICATIONS**

**§ 25.208 Power flux density limits.**

\(k\) In the band 12.2-12.7 GHz, for NGSO FSS space stations, the
low-angle power flux-density at the Earth\'s surface produced by
emissions from a space station for all conditions and for all methods of
modulation shall not exceed the lower of the following values:

--158 dB(W/m^2^) in any 4 kHz band for angles of arrival between 0 and 2
degrees above the horizontal plane; and

-158+ 3.33(δ-2) dB(W/m^2^) in any 4 kHz band for angles of arrival (δ)
(in degrees) between 2 and 5 degrees above the horizontal plane.

Note to paragraph (k): These limits relate to the power flux density,
which would be obtained under assumed free-space propagation conditions.

**§ 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.

(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 above 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.

**PART 101 - FIXED MICROWAVE SERVICES**

**§ 101.3 Definitions.**

[Multichannel Video Distribution and Data Service (MVDDS).]{.underline}
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.**

+------------+----------+-----------+------------+------------+------+
| Frequency  | Radio    |           |            |            |      |
| band (MHz) | Service  |           |            |            |      |
+------------+----------+-----------+------------+------------+------+
|            | Common   | Private   | Broadcast  | Other      | N    |
|            | carrier  | radio     | auxiliary  | (Parts 15, | otes |
|            | (Part    | (Part     | (Part 74)  | 21, 24,    |      |
|            | 101)     | 101)      |            | 25, 74, 78 |      |
|            |          |           |            | & 100)     |      |
+------------+----------+-----------+------------+------------+------+
| \* \* \*   |          |           |            |            |      |
| \* \* \*   |          |           |            |            |      |
| \*         |          |           |            |            |      |
+------------+----------+-----------+------------+------------+------+
| 12,        | MVDDS    | MVDDS,    |            | DBS,       |      |
| 200-12,700 |          | POFS      |            |            |      |
|            |          |           |            | NGSO FSS   |      |
+------------+----------+-----------+------------+------------+------+
| \* \* \*   |          |           |            |            |      |
| \* \* \*   |          |           |            |            |      |
| \*         |          |           |            |            |      |
+------------+----------+-----------+------------+------------+------+

**§101.103 Frequency coordination procedures.**

\(f\) *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:

> \- Name of MVDDS licensee
>
> \- Geographic location (including NAD83 coordinates) of proposed MVDDS
> transmitting antenna
>
> \- Maximum EIRP per 24 MHz
>
> \- Height above average terrain of the transmitting antenna
>
> \- Type of antenna to be utilized
>
> \- Main beam azimuth and altitude orientation for the proposed
> transmitting antenna
>
> \- Theoretically modeled antenna radiation pattern
>
> \- Type(s) of emissions

\- Description of the proposed service area.

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 of
this part, 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 of
this part. 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 of this part in order to protect stations providing Direct
Broadcast Satellite Service.

**§101.105 Interference protection criteria.**

\(a\) \* \* \*

\(4\) 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:

$$\text{EPFD} = \text{10}\text{*log}_{\text{10}}\left\lbrack \frac{P_{\text{out}} \ast G_{m}(\theta_{m},\varphi_{m}) \ast G_{e}(\theta_{e},\varphi_{e}) \ast I}{G_{e\text{,max}} \ast 4 \ast \pi \ast d^{2}} \right\rbrack$$

Where:

![](media/image1.wmf)= Total output power of the MVDDS transmitter
(watts) into antenna

![](media/image2.wmf)= Gain of the MVDDS antenna in the direction of the
DBS earth station

![](media/image3.wmf)= 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> ).

![](media/image4.wmf)= 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]{.underline}) -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]{.underline}) -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]{.underline}) -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^o^ North Latitude).
>
> ([4]{.underline}) -172.1 dBW/m^2^/4kHz in the Northwestern region
> consisting of the following states: Washington, Oregon, California
> (north of 37^o^ 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.

\(5\) All stations operating under this part must protect the radio
quiet zones as required by § 1.924 of this chapter. Stations authorized
by competitive bidding are cautioned that they must receive the
appropriate approvals directly from the relevant quiet zone entity prior
to operating.

**§ 101.107 Frequency tolerance.**

\(a\) \* \* \*

\(6\) Applicable to private operations fixed point-to-point microwave
stations and stations providing MVDDS service.

**§101.109 Bandwidth.**

\(c\) \* \* \*

  ------------------------------------ ----------------------------------
  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.**

\(a\) \* \* \*

\(2\) \* \* \*

\(i\) \* \* \*

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.

**§ 101.113 Transmitter power limitations.**

\(a\) \* \* \*

  -----------------------------------------------------------------------
  Frequency Band (MHz)           Maximum allowable   
                                 EIRP ^1,\ 2^        
  ------------------------------ ------------------- --------------------
                                 Fixed (dBW)         Mobile (dBW)

  \* \* \* \* \* \* \*                               

  12,200 to 12,700               +50                 ...............
  ^10^....................                           

  \* \* \* \* \* \* \*                               
  -----------------------------------------------------------------------

^10^ 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 Section
101.147(q) of this part.

**§101.115 Directional antennas.**

\(c\) \* \* \*

(9) Except for Temporary-fixed operations in the band 13200-13250 MHz
    with output powers less than 250 mW and as provided in Section
    101.147(q) of this part, and except for antennas in the MVDDS
    service in the band 12.2-12.7 GHz.

**§101.129 Transmitter location.**

\(b\) 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 section (b)(3) below, 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 licensees 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.

**§ 101.139 Authorization of transmitters.**

\(a\) \* \* \* Transmitters designed for use in the 31.0-31.3 GHz band
and transmitters designed for MVDDS use in the 12,200-12,700 MHz band
will be authorized under the verification procedure.

**§ 101.141 Microwave modulation.**

\(a\) Microwave transmitters employing digital modulation techniques and
operating below 19.7 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.**

\(a\) \* \* \*

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.

\(p\) 12,000-12700 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 April 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 April 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:

\(1\) Maximum equivalent isotropically radiated power (EIRP) shall be 55
dBm;

\(2\) The rated transmitter output power shall not exceed 0.5 watts;

\(3\) Frequency tolerance shall be maintained to within 0.01 percent of
the assigned frequency;

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

\(5\) Upon showing of need, a maximum bandwidth of 12 MHz may be
authorized per frequency assigned;

\(6\) 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);

\(7\) 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

\(8\) Stations authorized under the provisions of this section shall
provide the protection from interference specified in § 101.105 of the
part 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**

**101.1401 Service areas.**

**101.1403 Broadcast Carriage Requirements.**

**101.1405 Channeling plan.**

**101.1407 Permissible operations for MVDDS.**

**101.1409 Treatment of incumbent licensees.**

**101.1411 Regulatory status and eligibility.**

**101.1412 MVDDS eligibility restrictions for DBS operators and cable
systems.**

**101.1413 License term and renewal expectancy.**

**101.1415 Partitioning and disaggregation.**

**101.1417 Annual report.**

**101.1421 Coordination of adjacent area MVDDS stations.**

**101.1423 Canadian and Mexican coordination.**

**101.1425 RF safety.**

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

**101.1429 Designated entities.**

**101.1440 MVDDS protection of DBS.**

**§ 101.1401 Service areas.**

Multichannel Video Distribution and Data Service (MVDDS) is licensed on
the basis of Component Economic Areas (CEAs). The 354 CEA service areas
are based on the 348 Component Economic Areas delineated by the U.S.
Department of Commerce, with the following six FCC‑defined service area
additions: American Samoa, Guam, Northern Mariana Islands, San Juan
(Puerto Rico), Mayagüez/Aguadilla‑Ponce (Puerto Rico), and the United
States Virgin Islands. Each CEA shall be licensed by auction to one
licensee.

**§ 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 C.F.R. §§ 76.51-76.70. If
an MVDDS licensee meets the statutory definition of Multiple Video
Programming Distributor (MVPD), the retransmission consent requirement
of § 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 § 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 of this part.

\(c\) Any entity, other than one precluded by § 101.7 and by § 101.1412
of this part, 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
"signficantly 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 C.F.R. § 76.5(ff)
of the Commission's rules, 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 C.F.R. § 76.1000(e) of the
Commission\'s rules.

\(d\) 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), 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).

\(3\) 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 1 to paragraph (f)(6): Waivers of § 101.1014(f)(6) may be granted
upon an affirmative showing:

\(1\) 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;

\(2\) That the interest holder is not likely to affect the local market
in an anticompetitive manner;

\(3\) 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

\(4\) 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.

**§ 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 the substantial
service requirement which 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 the license term, 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 of this part.

\(f\) *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 of this part. 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 Public Safety & Private Wireless
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:

\(1\) name and address of licensee;

\(2\) station(s) call letters and primary geographic service area(s);
and

\(3\) the following statistical information for the licensee's station
(and each channel thereof):

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

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

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

\(iv\) 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, and

**§ 101.1421 Coordination of adjacent area MVDDS stations and incumbent
public safety POFS 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
CEAs 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 of this part. 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 April 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) of this part and §§ 1.928(f)(1) and (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 kilometers) 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.

\(4\) A consortium of very small businesses is a conglomerate
organization formed as a joint venture between or among mutually
independent business firms, each of which individually satisfies the
definition in paragraph (a)(1) of this section. A consortium of small
businesses is a conglomerate organization formed as a joint venture
between or among mutually independent business firms, each of which
individually satisfies the definition in paragraph (a)(2) of this
section. A consortium of entrepreneurs is a conglomerate organization
formed as a joint venture between or among mutually independent business
firms, each of which individually satisfies the definition in paragraph
(a)(3) of this section.

\(5\) For purposes of determining whether an entity meets any of the
definitions set forth in paragraphs (a)(1), (a)(2), (a)(3), or (a)(4) of
this section, the gross revenues of the entity, its controlling
interests and affiliates shall be considered in the manner set forth in
§§ 1.2110(b) and (c) of this chapter.

\(b\) *Bidding credits*. A winning bidder that qualifies as a very small
business or a consortium of very small businesses as defined in this
section may use the bidding credit specified in § 1.2110(f)(2)(i) of
this chapter. A winning bidder that qualifies as a small business or a
consortium of small businesses as defined in this section may use the
bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. A
winning bidder that qualifies as an entrepreneur or a consortium of
entrepreneurs as defined in this section 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 Section 101.105(a)(4)(ii)(B) of this part. 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 EFPD limits
specified in § 101.105(a)(4)(ii)(B) of this part. 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)(B) of
this part 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/](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

\(v\) 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 (d)(1), the DBS licensee(s) shall provide the MVDDS
licensee with a list of any new DBS customer locations that have been
installed in the 30-day period following the MVDDS notification. 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 (d)(1).

\(e\) Beginning thirty days after the DBS licensees are notified of a
potential MVDDS site under (d)(1), the DBS licensees have the
responsibility of ensuring that all future installed DBS receive
antennas on its system are located in such a way as to avoid the MVDDS
signal. These later installed 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 MVDSS signal exceeds the permitted
EPFD level at the DBS customer location.