Sec. 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 Sec. 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 Sec. 
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

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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 Sec. 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 Sec. 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

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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.

    Subpart Q_Service and Technical Rules for the 70/80/90 GHz Bands

    Source:  69 FR 3267 , Jan. 23, 2004, unless otherwise noted.