Sec. 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 
recognizedengineering 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

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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]