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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/8/3/2019 03 MVDDS Rules
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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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