FCC 101.1440 Revised as of October 1, 2013
Goto Year:2012 |
2014
§ 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.
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Subpart Q--Service and Technical Rules for the 70/80/90 GHz Bands
Source: 69 FR 3267 , Jan. 23, 2004, unless otherwise noted.
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