03 MVDDS Rules

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Overview ofOverview ofMultichannel VideoMultichannel Video

Distribution and Data ServiceDistribution and Data Service

(MVDDS) Rules and Due(MVDDS) Rules and Due

DiligenceDiligence

Auction #63Auction #63


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Disclaimer

Nothing herein is intended to supersede

any provision of the Commission's rulesor public notices. These slides shouldnot be used as a substitute for aprospective applicant's review of the

Commission's relevant orders, rules, andpublic notices. Prospective applicantsmust familiarize themselves thoroughlyand remain current with the

Commission's rules relating to MVDDS,rules relating to application and auctionprocedures, and the procedures, termsand conditions contained in the Auction

No. 63 public notices.


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MVDDS Service RulesMVDDS Service Rules

Definition, Permissible Uses, & Regulatory StatusDefinition, Permissible Uses, & Regulatory Status

22 MVDDS Licenses Available in Auction 6322 MVDDS Licenses Available in Auction 63

MVDDS Service AreasMVDDS Service Areas

International BordersInternational Borders

License PeriodLicense Period

Substantial Service RequirementsSubstantial Service Requirements

Renewal ExpectancyRenewal Expectancy Annual ReportAnnual Report

Cable Cross-ownership RestrictionCable Cross-ownership Restriction

Technical MattersTechnical Matters

Due Diligence (incumbent issues)Due Diligence (incumbent issues)

Assignment/transfer; Partition/Disaggregation; Spectrum LeasingAssignment/transfer; Partition/Disaggregation; Spectrum Leasing


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DefinitionDefinition

47 C.F.R.47 C.F.R. 101.3101.3

Multichannel Video Distribution and DataMultichannel Video Distribution and Data

Service:Service:

A fixed microwave service licensed in theA fixed microwave service licensed in the

12.2-12.7 GHz band that provides various12.2-12.7 GHz band that provides various

wireless serviceswireless services

Mobile and aeronautical operations areMobile and aeronautical operations are

prohibitedprohibited


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Permissible UsesPermissible Uses

47 C.F.R. 101.140747 C.F.R. 101.1407

Any digital fixedAny digital fixed non-broadcastnon-broadcast serviceservice

Broadcast services are intended for reception of theBroadcast services are intended for reception of the

general public and not on a subscribership basisgeneral public and not on a subscribership basis

Can includeCan include one-way video programming and data serviceone-way video programming and data service

one-way direct to home/office wirelessone-way direct to home/office wireless

two-way services may be provided by using othertwo-way services may be provided by using other

spectrum or media for the return or upstream pathspectrum or media for the return or upstream path


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Regulatory StatusRegulatory Status

47 C.F.R.47 C.F.R. 101.1411101.1411

Licensees may provide service on aLicensees may provide service on a

- non-common carrier basis and/or on a- non-common carrier basis and/or on a

- common carrier basis- common carrier basis


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22 MVDDS licenses (12.2-12.722 MVDDS licenses (12.2-12.7

GHz) will be available duringGHz) will be available during

Auction #63Auction #63MVD038 Grand Rapids-Kalmzoo-B.CrkMVD038 Grand Rapids-Kalmzoo-B.Crk

MVD040 Birmingham (Ann and Tusc)MVD040 Birmingham (Ann and Tusc)

MVD132 Chico-ReddingMVD132 Chico-Redding

MVD136 Duluth-SuperiorMVD136 Duluth-SuperiorMVD149 Bluefield-Beckley-Oak HillMVD149 Bluefield-Beckley-Oak Hill

MVD150 Wheeling-SteubenvilleMVD150 Wheeling-Steubenville

MVD153 BangorMVD153 Bangor

MVD167 UticaMVD167 Utica

MVD173 ElmiraMVD173 Elmira

MVD175 Rapid CityMVD175 Rapid CityMVD176 WatertownMVD176 Watertown

MVD177 MarquetteMVD177 Marquette

MVD184 Grand Junction-MontroseMVD184 Grand Junction-Montrose

MVD185 MeridianMVD185 Meridian

MVD190 EurekaMVD190 EurekaMVD193 St. JosephMVD193 St. Joseph

MVD198 Ottumwa-KirksvilleMVD198 Ottumwa-Kirksville

MVD205 Presque IsleMVD205 Presque Isle

MVD207 HelenaMVD207 Helena

MVD208 AlpenaMVD208 AlpenaMVD209 North PlatteMVD209 North Platte

MVD210 GlendiveMVD210 Glendive


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MVDDS Service AreasMVDDS Service Areas MVDDS Service Areas are based on the DesignatedMVDDS Service Areas are based on the Designated

Market Areas delineated by Nielsen Media Research,Market Areas delineated by Nielsen Media Research,Inc. in its publication entitled U.S. Television HouseholdInc. in its publication entitled U.S. Television HouseholdEstimates dated September 2002. (See 47 C.F.R. Estimates dated September 2002. (See 47 C.F.R. 101.1401)101.1401)

Designated Market Area (DMA) is a registeredDesignated Market Area (DMA) is a registeredtrademark of Nielsen Media. An MVDDS license doestrademark of Nielsen Media. An MVDDS license doesnot confer any right to use the DMA trademark or anynot confer any right to use the DMA trademark or anyassociated maps, ranks, regions, data, or analysesassociated maps, ranks, regions, data, or analyses

owned by Nielsen Media, and that right must be soughtowned by Nielsen Media, and that right must be soughtfrom Nielsen Media.from Nielsen Media.

http://www.nielsenmedia.com/http://www.nielsenmedia.com/
http://www.nielsenmedia.com/http://www.nielsenmedia.com/http://www.nielsenmedia.com/


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International BordersInternational Borders

MVDDS systems in the United StatesMVDDS systems in the United Stateswithin 56 km (35 miles) of the Canadianwithin 56 km (35 miles) of the Canadianand Mexican border will be grantedand Mexican border will be grantedconditional licenses, until final internationalconditional licenses, until final international

agreements are approved. MVDDSagreements are approved. MVDDSsystems may not cause harmfulsystems may not cause harmfulinterference to stations in Canada orinterference to stations in Canada orMexico.Mexico.

No stations are allowed within 5 miles ofNo stations are allowed within 5 miles ofthe borders.the borders.


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License PeriodLicense Period

Licenses are issued for a 10-year termLicenses are issued for a 10-year term

beginning on the date of the initialbeginning on the date of the initial

authorization grantauthorization grant

S


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Substantial service requirementsSubstantial service requirements

at 5 and 10 years into licenseat 5 and 10 years into license

termterm

Must provide substantial serviceMust provide substantial service

within 5 years of initial authorization.within 5 years of initial authorization. Must file a notice of compliance withinMust file a notice of compliance within

15 days of the expiration of 5-year-15 days of the expiration of 5-year-

period.period. See 47 C.F.R. 1.946, 101.1413.See 47 C.F.R. 1.946, 101.1413.


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Renewal ExpectancyRenewal Expectancy

Application of a renewal expectancy is based on a showing of substantialApplication of a renewal expectancy is based on a showing of substantialservice at the end of five years into the license period and ten years into theservice at the end of five years into the license period and ten years into thelicense period.license period.

As part of the renewal application, MVDDS licensees must file:As part of the renewal application, MVDDS licensees must file:

Coverage map that depicts served and unserved areas.Coverage map that depicts served and unserved areas.

Description of geographic areas served and populations served or the transmitterDescription of geographic areas served and populations served or the transmitterlocations in the served areas.locations in the served areas.

Copies of Commission Orders that find the licensee to have violated theCopies of Commission Orders that find the licensee to have violated theCommunications Act or any Commission rule or policy and a list of any pendingCommunications Act or any Commission rule or policy and a list of any pendingproceedings that relate to any matter described by the requirements for the renewalproceedings that relate to any matter described by the requirements for the renewalexpectancy.expectancy.

See 47 C.F.R.See 47 C.F.R. 101.1413 101.1413


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Annual ReportAnnual Report

47 C.F.R.47 C.F.R. 101.1417 101.1417

Each licensee is required to file an annualEach licensee is required to file an annual

report by March 1 of each year detailingreport by March 1 of each year detailing

statistical information about the stationsstatistical information about the stations

serviceservice

CC bl hi


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Cable cross-ownershipCable cross-ownership

restrictionrestriction

47 C.F.R.47 C.F.R. 101.1412101.1412 Cable operators or entities holding anCable operators or entities holding anattributable interest in a cable operatorattributable interest in a cable operator

may not retain an attributable interest inmay not retain an attributable interest in

an MVDDS license whose geographican MVDDS license whose geographic

service area significantly overlaps suchservice area significantly overlaps such

cable operators service areacable operators service area


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Technical MattersTechnical Matters

- Incumbent Part 101 Licensees- Co-primary satellite operations

MVDDS C di ti & Sh iMVDDS C di ti & Sh i


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MVDDS Coordination & SharingMVDDS Coordination & Sharing

with Incumbent Terrestrialwith Incumbent Terrestrial

LicenseesLicensees MVDDS must coordinate and protect Microwave Public Safety Pool (MW)MVDDS must coordinate and protect Microwave Public Safety Pool (MW)(Part 101) stations in the 12.212.7 GHz band licensed prior to MVDDS.(Part 101) stations in the 12.212.7 GHz band licensed prior to MVDDS. MVDDS licensees must coordinate and share with adjacent-area MVDDS.MVDDS licensees must coordinate and share with adjacent-area MVDDS.

See 47 C.F.R.See 47 C.F.R. 101.105 101.105

(Interference protection criteria)(Interference protection criteria)

See 47 C.F.R.See 47 C.F.R. 101.1409 101.1409

(Treatment of incumbent licensees)(Treatment of incumbent licensees)

See 47 C.F.R.See 47 C.F.R. 101.1421 101.1421

(Coordination of adjacent area MVDDS stations and(Coordination of adjacent area MVDDS stations andincumbent public safety POFS stations)incumbent public safety POFS stations)


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Co-Primary SatelliteCo-Primary Satellite

LicenseesLicensees MVDDS users will share the 12.212.7 GHz band on a co-primary basis with:MVDDS users will share the 12.212.7 GHz band on a co-primary basis with:

Non-geostationary satellite orbit (NGSO)Non-geostationary satellite orbit (NGSO)Fixed-satellite services (FSS)Fixed-satellite services (FSS)

Direct Satellite Broadcast Service licensees and their affiliatesDirect Satellite Broadcast Service licensees and their affiliates

See 47 C.F.R.See 47 C.F.R. 101.103(f) 101.103(f)

(Coordination and information sharing between MVDDS and NGSO(Coordination and information sharing between MVDDS and NGSOFSS licensees in the 12.2 GHz to 12.7 GHz band.)FSS licensees in the 12.2 GHz to 12.7 GHz band.)

See 47 C.F.R.See 47 C.F.R. 101.105 101.105

(Interference protection criteria)(Interference protection criteria)

See 47 C.F.R.See 47 C.F.R. 101.129(b) 101.129(b)

(Transmitter locations)(Transmitter locations)

See 47 C.F.R.See 47 C.F.R. 101.1421 101.1421

(Coordination of adjacent area MVDDS stations and(Coordination of adjacent area MVDDS stations andincumbent public safety POFS stations)incumbent public safety POFS stations)

See 47 C.F.R.See 47 C.F.R. 101.1440 101.1440

(MVDDS protection of DBS)(MVDDS protection of DBS)


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Due Diligence IncumbentDue Diligence IncumbentIssuesIssues

We caution potential applicants informulating their bidding strategies

to investigate and consider the

extent to which MVDDSfrequencies are occupied by

incumbents.


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Identifying MW (public safety)Identifying MW (public safety)

incumbents that must beincumbents that must be

protected from interference byprotected from interference by

accessing the Universal Licensingaccessing the Universal Licensing

System (ULS)System (ULS)


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http://wireless.fcc.gov/uls/http://wireless.fcc.gov/uls/


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To aid potential bidders, a list of public

safety incumbents in the 12.2-12.7 GHz

band is attached as Appendix I to theSecond Report and Order, ET Docket No.

98-206, released May 23, 2002


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Assignment/TransferAssignment/Transfer

Partition/DisaggregationPartition/Disaggregation

Spectrum LeasingSpectrum Leasing


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Assignment of MVDDSAssignment of MVDDS

licenseslicenses Assignment and transfer of MVDDSAssignment and transfer of MVDDS

licenses is permitted. (See 47 C.F.R.licenses is permitted. (See 47 C.F.R.

1.948)1.948)

Assignee/transferee must be eligible toAssignee/transferee must be eligible to

hold MVDDS license. (See 47 C.F.R.hold MVDDS license. (See 47 C.F.R.

101.1412 for eligibility restrictions for 101.1412 for eligibility restrictions for

cable operators.)cable operators.)

P titi i dP titi i d


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Partitioning andPartitioning and

DisaggregatingDisaggregating See 47 C.F.R.See 47 C.F.R. 101.1415. 101.1415.

MVDDS licensees are not permitted to disaggregate spectrum.MVDDS licensees are not permitted to disaggregate spectrum.

MVDDS licensees are permitted to partition their MVD licenses alongMVDDS licensees are permitted to partition their MVD licenses along

county borders Parishes in Louisiana and Territories in Alaska.county borders Parishes in Louisiana and Territories in Alaska.

Unjust enrichment payments are due the Commission if the assigneeUnjust enrichment payments are due the Commission if the assigneedoes not meet the eligibility criteria for the original licensee.does not meet the eligibility criteria for the original licensee.

The parties to a partitioning application must certify that one or both ofThe parties to a partitioning application must certify that one or both ofthe parties will satisfy the construction requirements set forth inthe parties will satisfy the construction requirements set forth in47 C.F.R.47 C.F.R. 101.1413. 101.1413.


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Spectrum LeasingSpectrum Leasing

MVDDS licensees are permitted to lease spectrum.MVDDS licensees are permitted to lease spectrum.

(See Second Report and Order, Order(See Second Report and Order, Order

on Reconsideration, and Second Furtheron Reconsideration, and Second Further

Notice of Proposed Rule Making - FCCNotice of Proposed Rule Making - FCC

04-167 Adopted: July 8, 2004 Released: September 2, 2004)04-167 Adopted: July 8, 2004 Released: September 2, 2004)

Licensees that obtained their MVD geographic license(s) with a biddingLicensees that obtained their MVD geographic license(s) with a bidding

credit will be required to pay the Commission an unjust enrichmentcredit will be required to pay the Commission an unjust enrichment

payment when they seek Commission approval of a long term de factopayment when they seek Commission approval of a long term de facto

transfer lease and the lessee does not meet the eligibility standards fortransfer lease and the lessee does not meet the eligibility standards for

the bidding credit that was used by the licensee to obtain the license.the bidding credit that was used by the licensee to obtain the license.

All long term de facto transfer lessees must comply with the cableAll long term de facto transfer lessees must comply with the cable

operators eligibility restrictions outlined in 47 C.F.R.operators eligibility restrictions outlined in 47 C.F.R. 101.1412. 101.1412.


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The End


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03 MVDDS Rules

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