Consultation on the Technical and Policy Framework for the Frequency Bands Above 95 GHz

Gazette Notice No. SMSE-005-22
February 2022

Closing date for comments: April 29, 2022
Closing date for reply comments: June 3, 2022

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1. Intent

1. Through the release of this document, Innovation, Science and Economic Development Canada (ISED), on behalf of the Minister of Innovation, Science and Industry (the Minister), is hereby initiating a consultation on the policy and technical framework for more than 21 GHz of spectrum for licence-exempt use between 95 GHz and 275 GHz (known as above 95 GHz), more specifically in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands. Through this consultation, ISED is also seeking views on W and D bands, including other potential bands, for backhaul applications above 95 GHz.

2. Legislative mandate

2. The Minister, through the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, with due regard for the objectives of the Telecommunications Act, is responsible for spectrum management in Canada. This includes setting national goals and policies for utilizing and effectively managing the radio frequency spectrum resource.

3. Policy objectives

3. Wireless communications are an integral part of the Canadian economy. Not only are businesses, public institutions and consumers reliant on wireless services and technologies to enable day-to-day activities such as conducting business or connecting with family and friends, but these technologies are also increasingly being leveraged to enable innovative and emerging use cases. In this context, ISED is committed to the objective that Canadian consumers, businesses and public institutions have access to and continue to benefit from the latest wireless telecommunications services and technologies, in a competitive market. A robust wireless telecommunications industry not only drives the adoption and use of digital technologies, but also enhances the productivity of the Canadian economy and its international competitiveness.

4. Spectrum is a finite, critical resource, and an integral component of Canada's telecommunications infrastructure. ISED views the release of spectrum as an opportunity to enable access to a broad range of applications and services, including for commercial, private consumer, defence, national security, scientific and public safety applications and services that benefit all Canadians.  

5. Over the past few decades, licence-exempt spectrum has witnessed a significant increase in use due to the low barriers to entry and the low cost of licence-exempt devices. Opening new frequency bands for licence-exempt use can facilitate the introduction of innovative products and applications by delivering increased capacity and speed for existing use cases, as well as new and emerging use cases. 

6. Licence-exempt spectrum is also expected to support the creation and expansion of new services and applications in vertical industries, such as precision agriculture, advanced manufacturing, transportation and health care. These vertical industries will have specialized use cases such as high-precision location sensing and sensory applications, asset tracking, non-invasive quality testing and medical imaging.  

7. Backhaul facilities are an essential part of the communications infrastructure that enable the delivery of Internet, data and voice traffic by fixed and mobile broadband networks. Backhaul is also used to interconnect remote sites and buildings for corporate, health, broadcasting and educational purposes. As overall demand for data increases, so, too, does demand for backhaul, with the capacity and deployment associated with 5G expected to play a significant role in the short to medium term. There is a need to identify new spectrum for backhaul applications.

8. In releasing different frequency bands, ISED takes into account factors that are specific to Canada such as the existing uses of the band and the need to support access to spectrum for new services and technologies, including backhaul applications. Spectrum releases are also designed to align with international market development and the continuous evolution of innovative wireless technologies around the world. By ensuring that the spectrum being made available reflects global trends, current and emerging technical standards and the equipment ecosystem that is expected to materialize in the coming years, Canadians continue to benefit from having access to a much larger global marketplace, economies of scale, and the future availability of a wider range of next generation services and devices.

9. In developing this consultation, ISED was guided by the Spectrum Policy Framework for Canada (SPFC), which states that the objective of the spectrum program is to maximize the economic and social benefits that Canadians derive from the use of the radio frequency spectrum resource. This objective and the enabling guidelines listed in the SPFC remain relevant for guiding ISED in delivering its spectrum management mandate.

10. In 2019, the Government of Canada released Canada's Digital Charter: Trust in a digital world (Digital Charter). The Digital Charter lists universal access as the first of 10 principles that will lay the foundation for a made-in-Canada digital approach, and guides policies and actions towards establishing an innovative, people-centred and inclusive digital and data economy built on trust. Universal access is the principle that all Canadians will have an equal opportunity to participate in the digital world and have the necessary tools to do so, including access, connectivity, literacy and skills.

11. Through Canada's Innovation and Skills Plan and its focus on people, technologies and companies, the Government of Canada is committed to promoting innovation-led growth across all sectors of the Canadian economy. The ubiquity of digital technologies and services across sectors is a defining feature of the new digital economy, and enabling greater access to licence-exempt spectrum will allow all sectors to benefit.

12. Decisions made arising from this consultation will support the objectives of the Telecommunications Act, the SPFC, the Digital Charter and Canada's Innovation and Skills Plan by positioning Canada at the leading edge of the digital economy. The release of licence-exempt spectrum in frequency bands between 95 GHz and 275 GHz will facilitate the development of new technologies and services, and accelerate deployment across the country, ensuring that Canadians are ready to embrace new applications and services as they emerge. Consequently, ISED's policy objectives with respect to spectrum above 95 GHz are to:

  • enhance innovation by enabling Canadian companies to develop new use cases that put Canada at the leading edge of the digital economy
  • enable the evolution of high-quality services and next generation technologies, including radar, manufacturing and sensing applications
  • support competition in the provision of new technologies and applications so that people and businesses benefit from a wider range of services
  • facilitate the deployment of applications and services across the country to promote connectivity

4. Background

13. Advancements in research and technology development have allowed for the inception of new products and applications using spectrum in higher frequency bands. In recent years, innovators have been developing products and applications in the frequency bands above 95 GHz. These frequencies exhibit propagation characteristics that differ considerably from lower spectrum ranges. They are characterized by short propagation distances and small wavelengths, and large contiguous bandwidths are available, which make them suited for a range of applications. The propagation characteristics above 95 GHz also permit a large number of devices to coexist and use the spectrum, while limiting the potential harmful interference to existing licensed services, i.e. Earth exploration-satellite service, radio astronomy service, space research service, inter-satellite service and fixed and mobile services in these bands. 

14. Spectrum between 95 GHz and 275 GHz can offer opportunities for data-intensive, ultra-high bandwidth applications, high-definition video signals and other types of innovative applications. Moreover, the short wavelengths associated with this spectrum are particularly well suited for sensing applications, including health screening, non-invasive quality assurance in pharmaceutical and manufacturing industries, high-resolution positioning, high-density applications and security systems.

15. The network evolution from 4G to 5G and the massive growth in wireless data traffic require that backhaul capacity must also continue to increase substantially. ISED is, therefore, cognizant of the importance of timely and flexible access to backhaul spectrum as more backhaul capacity is needed to support the evolving needs of increasing 5G traffic and number of connected devices. Spectrum above 95 GHz supports wider channels and has higher backhaul capacities.

16. ISED notes that other administrations, as described in section 5, have made spectrum available for the development of new communication technologies in bands between 95 GHz and 275 GHz. Innovators have expressed interest in making use of this spectrum range for new services and technologies in Canada, particularly for radar, manufacturing and sensing, supporting Industry 4.0 applications, i.e. the next generation of industrial Internet of Things.

17. To foster innovation and allow access to spectrum to support various application use cases in different vertical markets, ISED is seeking comments on opening up access to certain bands above 95 GHz for licence-exempt use. In addition, through this consultation, ISED is seeking comments on whether any spectrum above 95 GHz should be identified for backhaul applications.

5. International context

18. This section provides context on international developments in the bands above 95 GHz.

5.1 Use of the above 95 GHz band by other countries

19. On March 15, 2019, the United States' Federal Communications Commission (FCC) published rules on new communications technologies and services in the bands above 95 GHz. Through the adoption of the First Report and Order (FCC 19-19), the Commission designated 21.2 GHz of spectrum available for licence-exempt use above 95 GHz and created a new class of experimental licences, called the Spectrum Horizons License, for uses of frequencies between 95 GHz and 3 THz.

20. Four bands, i.e. the 116-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands, were allocated for licence-exempt operations on a no-protection, no-interference basis. The technical rules governing the use of these bands, which came into effect on August 24, 2020, were modeled on the 57-71 GHz technical rules for licence-exempt devices. They allow low-power licence-exempt devices to transmit at a maximum equivalent isotropically radiated power (e.i.r.p.) of 40 dBm (average) and 43 dBm (peak). A higher maximum e.i.r.p. is allowed for outdoor operations of fixed point-to-point devices in these bands, i.e. a maximum e.i.r.p. of 82 dBm (average) and 85 dBm (peak). To minimize the likelihood of harmful interference to licensed services, the FCC requires these licence-exempt devices to use highly directional antennas with narrow beamwidths, and their operation is not allowed onboard aircrafts and satellites. Moreover, the FCC also created the Spectrum Horizons Experimental Radio License (Spectrum Horizons License) for uses of frequencies between 95 GHz and 3 THz for the development of new applications and services as part of their First Report and Order.

21. In October 2020, the United Kingdom (UK) telecommunication regulator, Ofcom, published a statement on Supporting innovation in the 100-200 GHz range. Acknowledging that spectrum in the 100-200 GHz range would open up new opportunities to develop wireless services across a range of industries, Ofcom released the 116-122 GHz, 174.8-182 GHz and 185-190 GHz bands on a light licensing regime. Devices would be allowed to operate in these bands at a maximum e.i.r.p. of 55 dBm for both indoor and outdoor use. For outdoor use, vertical elevation masks were imposed to protect Earth exploration-satellite services from harmful interference.

22. The European Union (EU) has already adopted harmonized standards, ETSI EN 305 550-1 and ETSI EN 305 550-2, which allow short range devices (SRDs) to operate between 40 GHz and 246 GHz, including in the 122-123 GHz and the 244-246 GHz bands. More specifically, SRDs are allowed to operate at a maximum e.i.r.p. of 10 dBm in the 122-122.25 GHz band and at a maximum e.i.r.p. of 20 dBm in both the 122.25-123 and the 244-246 GHz bands.

23. Additionally, in the EU, the European Conference of Postal and Telecommunications Administrations (CEPT) released a report in September 2018 on point-to-point links in frequency ranges 92-114.25 GHz and 130-174.8 GHz, referred to as the W-band and D-band, respectively. The report provides information, considerations and application use cases in the W and D bands and discusses the flexible and efficient use of these bands.

24. In Japan, the Ministry of Internal Affairs and Communications officially revised its radio frequency allocation to make 18 GHz of spectrum available at 116-134 GHz for terrestrial use by broadcast auxiliary services provided that “all practicable steps shall be taken to protect the radio astronomy service from harmful interference” in parts of the band, as specified in footnote J36, Footnotes to National Frequency Allocation of Japan. Moreover, as indicated in ECC (Electronic Communications Committee) Report 282, Point-to-Point Radio Links in the Frequency Ranges 92-114.25 GHz and 130-174.8 GHz, Japan authorities are currently studying future regulation for the 110-174.8 GHz band (which includes part of both D and W bands) for fixed service.

5.2 Development of the above 95 GHz ecosystem

25. Traditionally, Canada has worked closely with other jurisdictions to harmonize frequency allocation and has sought to align the use of spectrum through the adoption of common industry equipment standards. This approach allows for economies of scale in equipment manufacturing, facilitates cross-border coordination of spectrum, and supports a global equipment ecosystem.

26. ISED is cognizant that there remains a level of uncertainty at this point in time regarding the various use cases of innovative applications using the proposed bands above 95 GHz. However, based on the recent industry and stakeholder interest in having equipment operating in these bands in Canada, ISED is of the view that the time is right to open up spectrum above 95 GHz in order to spur development and marketing of innovative applications and products, thus serving the public interest.

Q1

ISED is seeking comments on the timelines for the development of an equipment ecosystem in frequency bands above 95 GHz. In particular:

  1. low-power equipment ecosystem
  2. backhaul equipment ecosystem
Q2

ISED is seeking views on the potential new use cases in spectrum above 95 GHz.

In providing comments, respondents are requested to include supporting arguments and rationale. Furthermore, respondents are requested to take the Canadian context into consideration in their response.

6. Current use of above 95 GHz bands in Canada

27. In the Canadian Table of Frequency Allocations (CTFA) as shown in table 1 below, the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 241-248 GHz bands are allocated for various services: Earth exploration-satellite service (EESS), inter-satellite service (ISS), space research service (SRS), radio astronomy service (RAS), radiolocation service, fixed service, and mobile service on a primary basis. On a secondary basis, the 122.25-123 GHz and 244-246 GHz bands are allocated for amateur service and 244-246 GHz band for amateur-satellite service. These allocations are aligned with the International Telecommunication Union (ITU) frequency allocation table and also with the United States (US) FCC frequency allocations. There are currently no Canadian spectrum utilization policies addressing the aforementioned frequency bands.

Table 1: Excerpts from the CTFA (2018 Edition)
Frequency band (GHz) Frequency allocations
116 - 122.25 EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562C
SPACE RESEARCH (passive)
5.138 5.341
122.25 - 123 FIXED
INTER-SATELLITE
MOBILE 5.558
Amateur
5.138
174.8 - 182 EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)
185 - 190 EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)
241 - 248 RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite
5.138 5.149

28. Table 2 provides excerpts from the Canadian and ITU footnotes in the CTFA. As can be seen from the excerpts of the related footnotes in table 2 below, industrial, scientific and medical applications may also operate in the 122-123 GHz and 244-246 GHz bands under a special authorization granted by the jurisdiction.

Table 2: Excerpts from the Canadian and ITU footnotes in the CTFA (2018 Edition) for spectrum above 95 GHz
Footnote Excerpt
5.138
122-123 GHz (centre frequency 122.5 GHz), and
244-246 GHz (centre frequency 245 GHz)

are designated for industrial, scientific and medical (ISM) applications. The use of these frequency bands for ISM applications shall be subject to special authorization by the administration concerned, in agreement with other administrations whose radiocommunication services might be affected. In applying this provision, administrations shall have due regard to the latest relevant ITU-R Recommendations.
5.149 In making assignments to stations of other services to which the bands:

241-250 GHz

are allocated, administrations are urged to take all practicable steps to protect the radio astronomy service from harmful interference. Emissions from spaceborne or airborne stations can be particularly serious sources of interference to the radio astronomy service (see Nos. 4.5 and 4.6 and Article 29). (WRC-07)
5.341 In the bands […]101-120 GHz […], passive research is being conducted by some countries in a programme for the search for intentional emissions of extraterrestrial origin.
5.558 In the bands […], 122.25-123 GHz, […], stations in the aeronautical mobile service may be operated subject to not causing harmful interference to the inter-satellite service (see No. 5.43). (WRC-2000)
5.562C Use of the band 116-122.25 GHz by the inter-satellite service is limited to satellites in the geostationary-satellite orbit. […]
5.562H Use of the bands 174.8-182 GHz and 185-190 GHz by the inter-satellite service is limited to satellites in the geostationary-satellite orbit. […]

29. In 2017, ISED published its Consultation on the Spectrum Outlook 2018 to 2022 (the Outlook Consultation) soliciting comments on its overall approach and planning activities related to the release of spectrum over the years 2018 to 2022. The Outlook Consultation proposed that the bands above 95 GHz could be made available for licence-exempt applications and fixed services. While ISED did not propose any changes to the spectrum above 95 GHz at the time, it did receive comments supporting the release of spectrum above 95 GHz for licence-exempt and backhaul operations. In 2018, ISED published the results of the consultation process in the Spectrum Outlook 2018 to 2022 in which it identified spectrum above 95 GHz band as Priority 3, given that no bands were made available internationally and that there was no equipment ecosystem available for use in this part of the spectrum at that time.

30. Based on recent developments taking place internationally and the interest industry and other stakeholders have shown in the use of the spectrum above 95 GHz, ISED has recognized the growing relevance of this band. Consequently, ISED has newly designated it as a Priority 1.

6.1 Earth exploration-satellite service

31. Earth exploration-satellite service (EESS) sensors are used to gather data about the Earth and its natural phenomena. These satellites use active and/or passive sensors onboard the spacecraft to obtain data on the Earth's land, sea and atmosphere for the purpose of studying and monitoring the Earth's climate and environment.

32. As indicated in the CTFA, EESS are allowed to operate on a primary basis in the following bands: 116-122.25 GHz, 174.8-182 GHz and 185-190 GHz. It should be noted that CTFA footnote 5.341 indicates that between 116 GHz and 120 GHz, passive research is being conducted by some countries in a programme for the search for intentional emissions of extraterrestrial origin.

33. There are currently no licensed sensors or satellite systems using the frequency bands 116-122.25 GHz, 174.8-182 GHz, or 185-190 GHz in Canada. However, satellite systems belonging to other administrations such as the US, China and the EU are currently operating in these bands. The data collected by these satellites are available to all members (including Canada) of the World Meteorological Organization (WMO) free of charge. Environment and Climate Change Canada is the main user of WMO data in Canada.

6.2 Radio astronomy service

34. Radio astronomy service (RAS) involves the use of astronomy for the reception of cosmic radio waves. As a passive service, ground-based radio astronomy does not involve the transmission of radio waves in its allocated bands.

35. Radio astronomy services are permitted to operate on a primary basis in the 244-246 GHz range, and CTFA footnote 5.149 mentions that administrations should take all practicable measures to protect RAS from harmful interference.

36. There are currently two ground-based radio astronomy sites in Canada where spectral line and continuum observation are made. One is located in Penticton, British Columbia (Dominion Radio Astrophysical Observatory), and the other is in Algonquin Park in Ontario (Algonquin Radio Observatory).

6.3 Space research service

37. Space research service (SRS) is defined as a radiocommunication service in which spacecraft or other objects in space are used for scientific or technological research purposes, such as solar wind monitoring or communications supporting interplanetary spacecraft.

38. Space research services are allowed to operate on a primary basis in the 116-122.25, 174.8-182 and 185-190 GHz bands.  

39. In Canada, there is no current use of these bands by SRS.

6.4 Inter-satellite service

40. Inter-satellite service (ISS) is defined as a radiocommunication service providing links between artificial satellites.

41. ISS is allocated on a primary basis to the frequency bands 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz and 185-190 GHz in Canada. The uses of bands 116-122.25, 174.8-182 and 185-190 GHz for ISS are, however, limited to satellites in the geostationary satellite orbit (GSO).

42. There are currently no active inter-satellite assignments for GSO satellite networks in the frequency bands under consideration.

43. The Master International Frequency Registry does not currently indicate that any of these frequency ranges are being used for ISS by any Canadian non-geostationary satellite orbit (NGSO) satellite network.

44. There is also no known inter-satellite system deployed or planned to be deployed in 174.8-182 GHz and 185-190 GHz.

6.5 Fixed/mobile services

45. As per the CTFA, the 122.5-123 GHz band is allocated for fixed and mobile services on a primary basis. As of yet, there is no use of this band for these services.

6.6 Radiolocation services

46. As per the CTFA, radiolocation services are allocated in the 244-246 GHz band on a primary basis. Currently, there are no radiolocation operations in this range, and ISED is unaware of any planned operations.

6.7 Amateur radio services

47. Amateur radio services are allocated on a secondary basis in the 122.25-123 GHz and 244-246 GHz bands and must comply with technical standards outlined in the applicable Regulation by Reference RBR-4, Standards for the Operation of Radio Stations in the Amateur Radio Service. Amateur radio services can operate on a no-protection, no-interference basis with regards to stations operating in another service in the same frequency bands.

6.8 Amateur-satellite services

48. Amateur-satellite services are permitted to operate on a secondary basis in the 244-246 GHz band. To date, there are no licensed operations utilizing this service in this frequency band.

7. Changes to the spectrum utilization for above 95 GHz

49. ISED recognizes that sufficient and appropriate spectrum resources should be made available to ensure that Canadians continue to benefit from advancements in wireless technology. Additionally, ISED acknowledges the potential of frequencies above 95 GHz to support emerging applications that could generate economic opportunities for Canada. As discussed in section 5, several countries have started to open this part of the spectrum either for licence-exempt use or on a light licensing regime, with the US being the first country moving ahead by making available spectrum for licence-exempt use in several band segments above 95 GHz.

50. Given the potential availability of a broad-based international equipment ecosystem of licence-exempt devices, ISED is of the view that the time is right for considering the introduction of new licence-exempt devices operating in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz band and 244-246 GHz bands in Canada, while keeping the current allocation in these bands. This access to new spectrum will support a variety of innovative use cases that will significantly enhance operations and growth in vertical industries.

51. Consequently, ISED is proposing to establish a new spectrum policy and technical framework for licence-exempt operations in the following bands: 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz. To support this framework, ISED is proposing to modify the CTFA to include the following footnote:

ADD Cxx: Licence-exempt devices in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands must operate in accordance with the established spectrum policy and technical framework; and must not cause harmful interference to, or claim protection from, primary and secondary services in the band.

52. The proposed revision of the CTFA is shown in table 3 below.

Table 3: Proposed CTFA revisions to the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz allocations
Frequency band (GHz) Frequency allocations
116-122.25 EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562C
SPACE RESEARCH (passive)

5.138 5.341 ADD Cxx
122.25-123 FIXED
INTER-SATELLITE
MOBILE 5.558
Amateur

5.138 ADD Cxx
174.8-182 EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)

ADD Cxx
185-190 EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)

ADD Cxx
244-246 RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite

5.138 5.149 ADD Cxx

53. ISED recognizes that a harmonized use of spectrum above 95 GHz for licence-exempt use, including the alignment of technical rules, with the US can help in quick and efficient development of innovative applications and equipment ecosystem. Secondly, harmonized use could enable more efficient equipment certification processes, thus enabling quick access to markets and economies of scale. Consequently, ISED is proposing to allow licence-exempt devices to operate in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands on a no-protection, no-interference basis.

Q3

ISED is seeking comments on the proposal to allow the use of licence-exempt devices in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands on a no-protection, no-interference basis.

Q4

ISED is seeking comments on the proposed footnote Cxx and the changes to the CTFA as shown in table 3.

In providing comments, respondents are requested to include supporting arguments and rationale. Furthermore, respondents are requested to take the Canadian context into consideration in their response.

8. Proposals for the introduction of licence-exempt operations above 95 GHz

54. This section provides the proposals related to the licence-exempt use of spectrum in bands above 95 GHz.

8.1 Introduction of licence-exempt devices and treatment of incumbent allocations

55. As noted above, there are no spectrum policies and very limited operations in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands. ISED is of the view that the designation of these bands for licence-exempt operations will have little to no impact on any incumbent services.

56. ISED has performed detailed technical analysis on the coexistence of licence-exempt devices with existing service allocations in bands above 95 GHz. Furthermore, ISED has reviewed and analyzed the various studies submitted to other jurisdictions, including the ones submitted to the FCC related to the Spectrum Horizons Notice of Proposed Rulemaking and Order (NPRM FCC 18-17) as well as the conclusions made by the FCC in First Report and Order (FCC 19-19). These studies support the view that, with the appropriate technical measures in place, the proposals for the operation of licence-exempt devices in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands would sufficiently protect existing Canadian allocations and support ISED's goal of ensuring quick access to and deployment of the latest equipment and technology.

57. Consequently, ISED is of the view that the following measures should adequately protect future operations by primary and secondary services described in section 6.

8.2 Coexistence of licence-exempt devices with existing allocated services

58. The US has modelled the technical rules for licence-exempt operations in bands above 95 GHz after those for licence-exempt operation in the 57-71 GHz band. Canada has already harmonized with the US on technical rules for the operation of licence-exempt devices for this band. Considering that the propagation characteristics and allocated services of spectrum above 95 GHz are similar to those of the 57-71 GHz and in order to leverage a North American equipment ecosystem, ISED is proposing to align its technical rules with those of the 57-71 GHz band, which are outlined in Radio Standards Specification RSS-210, Licence-Exempt Radio Apparatus: Category I Equipment (annex J).

59. ISED is proposing to allow both indoor and outdoor use of licence-exempt devices. ISED considers the likelihood of interference to be minimal for indoor use due to the high atmospheric losses and the low penetration of signals through building walls at such high frequencies. For outdoor communications, given the propagation characteristics of spectrum above 95 GHz, ISED expects low-power licence-exempt devices and licence-exempt backhaul links to use highly directional antennas, thus reducing the likelihood of interference to allocated services. Moreover, for outdoor operations, ISED is of the view that terrain and clutter would also contribute to the propagation loss. 

60. ISED has already allowed outdoor fixed point-to-point equipment to operate in the 57-71 GHz band. Given the similar propagation characteristics of the bands under consideration to the 57-71 GHz band, ISED is proposing to also allow outdoor fixed point-to-point equipment for the bands above 95 GHz.

61. ISED is proposing to allow low-power licence-exempt devices to operate at an average and peak e.i.r.p. of no more than 40 dBm and 43 dBm, respectively, within their channel bandwidth. A higher maximum e.i.r.p. of 82 dBm (average) and 85 dBm (peak) would be allowed for outdoor operations of fixed point-to-point devices. Since the proposed bands are characterized by high atmospheric losses, the antenna systems of such devices are expected to use highly directional antennas with narrow beamwidths.

62. ISED is of the view that the no-protection, no-interference basis of licence-exempt devices, the power levels proposed above and the propagation characteristics of the spectrum above 95 GHz would sufficiently protect all services allocated in these bands without the need for additional mitigation measures.   

Q5

ISED is seeking comments on whether the technical rules for the bands contemplated in this consultation should be similar to those of the 57-71 GHz band (as set forth in RSS-210).

Q6

ISED is seeking comments on the proposed rules for low-power licence-exempt devices in the 116-122.25 GHz, 122.25-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands:

  1. both indoor and outdoor operations would be permitted
  2. the maximum permitted e.i.r.p. would be 82 dBm (average) and 85 dBm (peak) for fixed point-to-point systems operating outdoors
  3. the maximum permitted e.i.r.p. would be 40 dBm (average) and 43 dBm (peak) for all other applications

In providing comments, respondents are requested to include supporting arguments and rationale. Furthermore, respondents are requested to take the Canadian context into consideration in their response.

9. Request for comments on potential spectrum bands for licensed backhaul applications above 95 GHz

63. The advent of 5G communications in Canada is expected to enable enhanced mobile broadband and result in significant increases in network capacity, ultra-high reliability, low-latency applications and massive connectivity with new devices and new use cases. Given current and projected growth rates in mobile broadband usage, ISED is of the view that there will be a requirement for a corresponding increase in backhaul capacity to accommodate this traffic. As 5G applications utilize higher frequencies, there will be a need for wireless backhaul to also evolve and leverage additional spectrum in higher spectrum bands. ISED considers that additional backhaul bands are critical to support the continued evolution of 5G as this spectrum provides wider bandwidth channels with increased capacity.

64. Some jurisdictions are currently working to identify and develop potential bands above 95 GHz for backhaul use. As mentioned previously, CEPT has identified several frequency bands between 95 GHz and 275 GHz for backhaul, including a number of bands within the frequency ranges 92-114.25 GHz and 130-174.8 GHz, referred to as the W-band and D-band, respectively. Moreover, industry stakeholders have also shown interest in these bands and have conducted trials to gauge the untapped potential these bands can offer for fixed point-to-point applications.

65. The W and D bands have been identified as suitable for backhaul applications as both share similar propagation characteristics with the 71-76 GHz and 81-86 GHz bands. The W and D bands can potentially provide large contiguous blocks of spectrum, which enable systems with very high bandwidth and capacities compared to more traditional backhaul bands below 70 GHz.

66. Although some progress is being made in spectrum above 95 GHz for backhaul use, to date ISED is not aware of any countries having opened those bands for licensed use.

67. Given that technology is rapidly developing, ISED is of the view that Canadians will benefit from being at the forefront of having access to this technology when it comes to the market in the coming years. ISED is therefore seeking views on potential bands for licensed backhaul use above 95 GHz through this consultation.

68. Traditionally, backhaul users have benefitted from having access to licensed spectrum, which affords better protection from interference. For fixed point-to-point backhaul, ISED will often use a site-based radio licence regime, where licensees pay fees to gain access to spectrum at a given site. Fees are paid for each link, as specified in the new fixed point-to-point service fee model established in 2021. The new regulatory fees include bands over 56 GHz and greatly reduce fees overall, particularly for licences in the upper bands. 

69. For spectrum above 95 GHz, users may want to deploy multiple backhaul links in close proximity, in configurations where a site-based radio licence regime may not be suitable. Given these situations, ISED could consider a spectrum licensing framework where an area is authorized rather than individual equipment. If ISED decides to proceed with a spectrum licensing regime for backhaul use above 95 GHz, a future licensing framework consultation will be launched to propose licensing models, requirements, and fees. Therefore, ISED is seeking comments on some elements of a future spectrum licensing framework.

70. ISED could consider different spectrum licensing models (e.g. first-come, first-served or shared). First-come, first-served would provide certainty for licensees and allow for consideration of individual interference scenarios. On the other hand, a shared use licensing model may allow more operators into the band, potentially leading to more competition, enhanced innovation, and more ubiquitous service across the country. However, challenges with interference may arise when operating within the same general area as other licensees.

Q7

ISED is seeking views on whether the W and D bands should be identified for licensed backhaul applications, and if so, which specific portions of those bands and under what timeline?

Q8

ISED is seeking views on whether any other bands above 95 GHz should be identified for licensed backhaul applications, and if so, what bands should be considered and under what timeline?

Q9

ISED is seeking views on a possible licensing mechanism for backhaul bands above 95 GHz, specifically, whether to use a site-based radio licence approach or an area-based spectrum licensing approach.

Q10

If a spectrum licensing approach is preferable, ISED is seeking comments on:

  1. whether the licensing should be on a first-come, first-served or shared use basis
  2. any conditions of licence that should be considered in order to effectively manage interference and to provide information to assist in coordination between stations and managing interference

In providing comments, respondents are requested to include supporting arguments and rationale. Furthermore, respondents are requested to take the Canadian context into consideration in their response.

10. Next steps

71. ISED intends to review the comments received and publish its decision on the issues raised in this consultation. Following the publication of a decision, ISED will develop the applicable technical standards, in consultation with stakeholders.

11. Submitting comments

72. Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email to consultationradiostandards-consultationnormesradio@ised-isde.gc.ca.

73. In addition, respondents are asked to specify question numbers for ease of referencing. Respondents are requested to provide supporting arguments and rationale for each response. Additionally, respondents are requested to take the Canadian context into consideration in their response.

74. Paper submissions should be mailed to the following address:

Innovation, Science and Economic Development Canada
Senior Director, Terrestrial Engineering and Standards
Engineering, Planning and Standards Branch
235 Queen Street (6th Floor, East Tower)
Ottawa ON  K1A 0H5

75. All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-005-22). Parties should submit their comments no later than April 29, 2022, to ensure consideration. Soon after the close of the comment period, all comments received will be posted on ISED's Spectrum Management and Telecommunications website.

76. ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until June 3, 2022.

77. Following the initial comment period, ISED may, at its discretion, request additional information if needed to clarify significant positions or new proposals. In such a case, the reply comment deadline may be extended.

12. Obtaining copies

78. All ISED publications related to spectrum management and telecommunications are available on the Spectrum Management and Telecommunications website.

79. For further information concerning the process outlined in this consultation or related matters, contact:

Innovation, Science and Economic Development Canada
Senior Director, Terrestrial Engineering and Standards
Engineering, Planning and Standards Branch
235 Queen Street (6th Floor, East Tower)
Ottawa ON  K1A 0H5

Telephone: 613-797-2253
TTY: 1-866-694-8389
Email: consultationradiostandards-consultationnormesradio@ised-isde.gc.ca