§ 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]

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