Dallas MDS (Mar 28, 2002)

0008-EX-ML-2002 Text Documents

Navini Networks

2002-06-21ELS_56700

                                                                                                                                              ORIGINAL
                              TRoOUTMAN SANDERS LLP
                                    A   T   T       O    R    NE            Y   S         A   T        LA     W
                                                A   LIMITED    LIABILITY               PA RTNERS HIP



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James A. Stenger                                                                                                                      Direct Dial: 202—274—2801
james.stenger@troutmansanders.com                                                                                                     Fax:         202—654—5652


                                                             March 28, 2002                              ue
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Mr. William F. Caton, Acting Secretary                                                                      MAR 2 8 2007
Federalh Communications Commission                                                                 wan
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Washington, D.C. 20554
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Attention: G
                        Bbomes                      l           Prise
                                       Chief, Policy and Rules Division
                                                                                 par                         hss
           Office of Engineering and Technology

                    Re:       Navini Networks, Experimental License
                              File No. 0133—EX—PL—2000

Dear Mr. Caton:


        This letter is in reference to a March 19, 2002 telephone conference between the
undersigned and the Staff regarding the above—referenced matter. By letter of March 11, 2002,
Dallas MDS Partners ("Dallas MDS") advised the Commission that Navini Networks ("Navin1‘)
had not obtained the consent of Dallas MDS for its experimental operations and that those
operations appeared to have caused interference to Dallas MDS station, Call Sign, WMY464.
By telephone conference on March 19, the Staff advised that it would take no action on the
matter on the grounds that Navini is operating on the F Group and, therefore, in the Staff‘s view,
the consent of Dallas MDS is not required.

         Dallas MDS respectfully disagrees with the Staff‘s conclusion as being inconsistent with
Commission Rules, policies and practices regarding MDS and ITFS adjacent channel operations.
It is well established that MDS and ITFS stations broadcasting on adjacent channels must be co—
located to avoid harmful interference. When stations are not co—located, harmful interference
results from adjacent channel operations with a stations protected service contour. Navini is not
co—located with Dallas MDS. Therefore, Navini‘s adjacent channel operations will result in
harmful interference and the consent of Dallas MDS is required.

        The responsibilities of adjacent channel licensees to incumbent adjacent channels are
well—established in the MDS rules. Section 21.902 (a) of the Rules states, in relevant part, that:


Mr. William F. Caton
March 28, 2002
Page 2


         All applicants, conditional licensees, and licensees shall make exception efforts to
         avorid harmful interference to other users and to avoid harmful interference to
         other users and to avoid blocking potential adjacent channel use in the same city
         and cochannel use in nearby cities. In areas where major cities are in close
         proximity, careful consideration should be given to minimum power requirements
         and to the location, height, and radiation pattern of the transmitting antennae. . . .

47 C.F.R. §21.902(a) (emphasis added).

         Further, Section 21.902 (b)(4) of the Rules states, in relevant part, that:

         . . . each applicant, conditional licensee, and licensee is required to. . . [eJngineer
         the station to provide at least 0 dB of adjacent channel interference protection
         within the 56.33 km (35 mile) protected service area of any authorized. . . or
         incumbent MDS station. . . .

47 C.F.R. §21.902(b)(4) (emphasis added). Consequently, it is clear that later applicants owe
adjacent, incumbent MDS stations protection and if not co—located, must obtain consent.

        Dallas MDS is an incumbent MDS station whose 35 mile protected service area
encompasses Navini‘s transmitters. As set forth in our previous letter, the Dallas MDS station is
located in Dallas, Texas, approximately 13.2 miles from Richardson, Texas, well within Navini‘s
30—mile radius of operation. Consequently, Navini must engineer its station to provide at least 0
dB of adjacent channel interference protection to Dallas MDS. Navini is unable to meet the
foregoing adjacent channel signal level requirement unless they are co—located with Dallas MDS‘
E Group channel. Because Navini is transmitting from another site inside Dallas MDS‘
designated service area, Navini does not meet the necessary adjacent channel signal level
requirements.

         In light of the foregoing, Dallas MDS respectfully renews its request to the Commission
that it require Navini to comply with its license and obtain the consent of Dallas MDS for
Navint‘s experimental operations.

      Should additional information be necessary in connection with this matter, kindly
communicate with the undersigned.

                                                Respectfully submitted,

                                                    ac_ C[ZP
                                                 ames A. Stenger

cc: Dr. Guanghan Xu, President, Navini Networks
    Mr. Carl Huie, OET



Document Created: 2002-06-21 12:36:40
Document Modified: 2002-06-21 12:36:40

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