CPC-2-6-02 — Procedure for the Submission of Applications for Spectrum Licences for Space Stations

Client Procedures Circular CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences for Space Stations, issue 5, replaces CPC-2-6-02, Licensing of Space Stations, issue 4, dated June 2017.

The 5th edition of this CPC was issued to incorporate changes to Innovation, Science and Economic Development Canada’s (ISED) licensing framework as outlined in SMSE-008-22, Decision on Updates to the Licensing and Fee Framework for Earth Stations and Space Stations in Canada. Other editorial revisions have also been made to improve the document’s clarity and consistency with related publications.

Comments on this document may be directed to the following address:

Innovation, Science and Economic Development Canada
Engineering Planning and Standards Branch
Manager, Satellite Authorization Policy
235 Queen St
Ottawa ON  K1A 0H5

Email: satelliteauthorization-autorisationsatellite@ised-isde.gc.ca

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

This Client Procedures Circular (CPC) sets out general licensing procedures to be used when submitting licence applications for all Canadian space stations. It outlines the licensing process and technical requirements for the issuance of spectrum licences for space stations, including application requirements and post-authorization procedures.

All inquiries concerning the licensing of space stations should be sent to satelliteauthorization-autorisationsatellite@ised-isde.gc.ca.

The Minister of Innovation, Science and Industry (the Minister), through the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, with due regard to the objectives of the Telecommunications Act, is responsible for spectrum management in Canada.

Section 5 of the Radiocommunication Act stipulates that the Minister may issue radio and spectrum licences, and fix or amend terms and conditions of such licences in order to permit the operation of radio stations or the use of radio spectrum in Canada.

In accordance with section 19 of the Department of Industry Act, the Minister may fix fees in respect of the rights and privileges provided by a spectrum licence.

Innovation, Science and Economic Development Canada (ISED) issues three types of licences associated with a satellite network, with each assigned a separate fee:

• licences for space stations
• licences for fixed and transportable earth stations
• licences for mobile earth stations

ISED also issues approvals for foreign-licensed satellites to operate in Canada (foreign satellite approval).

The procedure to apply for a space station spectrum licence is covered in this document. The procedures to apply for earth station licences and foreign satellite approvals are found in CPC-2-6-01, Procedure for the Submission of Applications to License Fixed Earth Stations and to Approve the Use of Foreign Satellites in Canada, and CPC-2-6-06, Guidelines for the Submission of Applications to Provide Mobile Satellite Services in Canada.

With the release of SMSE-008-22, Decision on Updates to the Licensing and Fee Framework for Earth Stations and Space Stations in Canada, ISED is working to implement the new approach to earth station licensing described therein. New procedures to apply for earth station spectrum licences will be released late in 2023.

4.1 Spectrum licences for space stations

Spectrum licences authorize the use of certain frequency bands, at a specific orbital position or orbit, over a certain area, for the provision of specified services. Unless otherwise specified in conditions of licence, licences authorize the use of spectrum for visible Earth (i.e. the surface of the Earth visible from the geostationary orbit (GSO) satellite’s orbital position or from the constellation, if in non-geostationary orbit (NGSO)).

Where applicants apply, and are authorized, for more than one frequency band, ISED will issue a separate licence for each band, with fees applicable to each individual licence.

Licences for GSO satellites authorize the use of frequencies at an assigned orbital position as expressed by longitudinal position. For NGSO constellations, licences authorize the use of frequencies from a defined orbital configuration characterized by certain parameters, including the number of planes, the altitudes of apogee and perigee of the orbit, the argument of perigee for highly elliptical orbits, and the inclination angle. The licence also authorizes a maximum number of satellites in the constellation to be operated under the licence.

For GSO, ISED will not consider applications for satellites to be positioned outside of the “Canadian FSS arc” (between and including 70°W and 130°W) unless the applicant already has at least one operational, Canadian-licensed satellite providing services in at least half of the Canadian territory.

For NGSO fixed-satellite services (FSS) and broadcasting-satellite services (BSS) satellites designed for the provision of real-time services to end users, ISED will not consider applications for systems that do not meet established coverage requirements (as defined in annex A and section 5.1.5.3 I.) unless the applicant is already operating a similar NGSO system that is providing services to 100% of the Canadian territory.

4.2 Applicable Radio Systems Policy

Applicants for FSS/BSS satellites should refer to Radio Systems Policy RP-008, Policy Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS). Those applying for mobile-satellite services (MSS) systems using FSS frequencies as feeder link spectrum should also refer to annex A of RP-008.

4.3 Application process

In order to operate a satellite authorized by ISED, a satellite operator must apply for and obtain a spectrum licence and must submit information related to the satellite(s) in question as part of the application process. Applications for the use of satellite spectrum are considered on a first-come, first-served basis and spectrum licences will be granted, by authorized band, immediately following a favourable licensing decision.

The date and time of receipt of the application are established through the electronic submission and applications are considered in the order in which they are received.

Requests to amend applications that are under consideration by ISED are not permitted. Applications may be withdrawn and resubmitted, with the date and time of receipt established by the resubmission.

An applicant, including its affiliates (as defined in the Canada Business Corporations Act), is permitted to have no more than two space station applications under consideration by ISED at any one time. There is no annual limit on applications, nor a limit by band. The limit on pending applications does not affect the number of licences that may be held by the applicant.

If an applicant submits a third application while its first two are still under consideration by ISED, it will be dismissed without consideration.

Applications for space stations must be submitted using the online forms found on ISED’s Spectrum Management System. Applicants are also required to attach various supporting documents as part of their application. An application may include several frequency bands.

For GSO satellites, the application can only pertain to one orbital position, although several frequency bands and several satellites may be included. Applicants that are interested in more than one orbital position are required to submit independent applications for each.

For NGSO systems, the application would normally pertain to a single set of orbital parameters, as defined in section 5.1.5.1. If the planned system is designed as a fully integrated hybrid of two or more different orbits, each set of orbital parameters must be submitted in the application.

5.1 Required information and assessment criteria

This section details the information elements that are required as part of an application and describes how they will be assessed.

5.1.1 General information

The applicant must supply full contact information, including:

• name of company
• name of licence holder
• full mailing address
• phone number
• email address
• name of contact for the application
• contact phone number
• contact email address

The applicant must provide a description of the project, including:

• list of frequencies requested and amount of spectrum requested in each band
• orbital location requested:
  • for GSO, indicate the orbital position
  • for NGSO, indicate the type of orbit (i.e. LEO (low Earth orbit), MEO (medium Earth orbit), HEO (highly elliptical orbit) (a list of specific orbital parameters is required in section 5.1.5.1)

• commercial name of the proposed satellite or constellation
• radiocommunication service (e.g. FSS, BSS, MSS, EESS (Earth exploration-satellite service))
• nature of the services to be delivered to end users (e.g. broadband Internet, direct-to-home television)
• intended service area(s)
• overall capacity of the satellite(s) expressed in both megahertz (MHz) and megabits-per-second (Mbps) for each frequency band
• the amount of capacity available for use in Canada, expressed in both MHz and Mbps for each frequency band for satellites serving Canada
• proposed date(s) of entry into service, including interim satellite(s), if applicable
• anticipated life expectancy of the satellite(s)

For applications for hosted payloads, applicants must provide the above information as it pertains to the payload. Additional information about the host satellite is also required, including:

• commercial name
• licensing administration
• International Telecommunication Union (ITU) filing name(s)

5.1.2 Eligibility

Applicants must state how they are eligible to hold a radio authorization in Canada in accordance with section 9 of the Canadian Radiocommunication Regulations. If the applicant is a corporation, it must include the name, date, and jurisdiction of incorporation, as well as the incorporation number.

5.1.3 Canadian direction or control

The applicant must provide a brief description of all satellite operations and/or control facilities that will be used to control the satellite(s), including their geographic locations.

If a third-party facility will be used, a letter from the control facility must be provided with the application, stating that the facility is able to undertake the control of the new satellite(s). Applicants must maintain, on an ongoing basis, the contractual right to direct all operations of the satellite(s) through the contracted facility. The contract must be reviewed by ISED at the time of licensing, if available, to ensure that the licensee has the appropriate level of control over the satellite(s).

For GSO satellites only, the primary control facility may be located outside of Canada. In that case, the applicant must also maintain a secondary control facility located within Canada. The secondary facility must be able to execute, at a minimum, the following control operations, within 24 hours of a request by ISED:

• station-keeping
• orbit manoeuvres
• turning the communications payload(s) on and off
• entering into safe mode

Where the primary physical control facilities are located outside of Canada, the applicant must also submit:

• the location and a description of both the primary and secondary facilities
• a copy of any agreements related to the contractual obligations on all parties for the control of the satellite(s) for ISED’s review in determining whether the above requirements are met

For NGSO satellites, both the primary physical control facility and the network operations centre must be located in Canada and must perform telemetry, telecommand and control (TT&C) functions. Further, there must be staff located in Canada that can initiate commands related to those functions. ISED’s primary focus is on the 24/7 control and management of the constellation itself, as opposed to traffic, performance/availability, or customer management. See annex B for a detailed description of Canadian ground facility requirements.

For both GSO and NGSO applications, if the control facilities, network operations centres and/or related agreements have not yet been finalized at the time of application, a condition of licence will be imposed related to completion of the facilities and/or submission of agreements.

5.1.4 Compliance with spectrum allocation and utilization policies and technical requirements

Compliance with applicable regulations must be clearly explained and demonstrated in the application. Simply stating the satellite system or network will comply is not sufficient. The applicant must provide any applicable explanations, assumptions, methodologies and calculations.

The application must demonstrate that the operation of the satellite(s) authorized under the licence will comply with all applicable international and domestic spectrum policies, laws and regulations. Applicants will not be required to comply with the Canadian Table of Frequency Allocations or other relevant Canadian spectrum utilization policies for services that will be provided outside of Canada.

The applicant must submit a list of the frequency bands requested, their intended use (i.e. service links, feeder links, TT&C, etc.), and the amount of spectrum requested in each band. The applicant must demonstrate compliance with the spectrum allocation requirements of Article 5 of the ITU Radio Regulations, the Canadian Table of Frequency Allocations and any other relevant Canadian spectrum utilization policies. If the spectrum is to be used outside of Canada only, information related to Article 5 of the ITU Radio Regulations is sufficient.

For all applications, the proposed system must meet the applicable technical requirements as set out in:

• ITU Radio Regulations Articles, including Articles 3, 4, 5, 21 and 22, and any other relevant provisions
  • in order to demonstrate compliance with Article 3, applicants should identify all applicable limits for the provisions where there is a requirement of conformity and specify how they will comply with these limits
  • in order to demonstrate compliance with Article 22, applicants should provide the output of the ITU software or alternatively, provide manual calculations
• ITU Radiocommunication Sector (ITU-R) and Space Frequency Coordination Group (SFCG) Resolutions and Recommendations

For each frequency band, the applicant must:

• identify and state the international and Canadian allocations
• include the text of the international and Canadian footnotes relating to the frequency band (found in Article 5 of the ITU Radio Regulations and the Canadian Table of Frequency Allocations)
• demonstrate how the use of the requested frequency will comply with international and Canadian allocations and footnotes, as well as any other Canadian spectrum utilization policies
• identify and state the applicable ITU provisions in other ITU Radio Regulations Articles
• include the applicable technical requirements (e.g. power limits for earth stations, minimum angle of elevation of earth stations, and limits of power flux density from space stations)
• demonstrate how those technical requirements will be met, including applicable assumptions, methodologies and calculations

All footnotes must be included. For those that are not relevant to the proposed service or use, the applicant should provide only the footnote reference (not the full text), with a short explanation of why it is not relevant.

In instances where the proposed use of the band is inconsistent with the allocations or spectrum utilization policies, or where technical requirements would not be met, a waiver from the criterion must be requested and the applicant must demonstrate that the proposed operations would not cause harmful interference or be problematic in any way. ISED will consider these requests on a case-by-case basis and may adjust applicable conditions of licence in appropriate situations.

For those bands whose use is limited to the Government of Canada, applicants must submit documentation from the appropriate federal department or agency to indicate acceptance of the proposed use. Applications will be considered for the use of those bands outside of Canada on a case-by-case basis.

5.1.5 Technical plan

Applicants must submit a technical plan that meets the requirements outlined in the following subsections.

5.1.5.1 System description

Applicants must provide a description of the system, including:

• architecture of the network (schematics should be included when appropriate), including what types of stations can transmit/receive with each other
• location of the ground facilities, including gateways
• coverage maps (and beam patterns) for service and support links (e.g. feeder links and gateways)

NGSO systems must also include the following orbital parameters:

• number of orbital planes
• for each orbital plane:
  • inclination
  • number of satellites
  • altitude at apogee
  • altitude at perigee
  • right ascension of the ascending node or the longitude of the ascending node
  • initial phase angle of each satellite measured from the ascending node
  • argument of perigee (where applicable)

For systems that will be launched as a secondary payload, and where final parameters are therefore not yet known, best estimates should be provided, which could include a range. Parameters must be confirmed with ISED post-launch.

5.1.5.2 Associated ITU filing

The proposed system, as described in the application, must be consistent with the following characteristics of the associated ITU filing: orbit/orbital parameters, number of satellites, frequency bands, class of station/intended service, minimum and maximum peak power, coverage, and emissions.

An application may be denied if it does not have the appropriate ITU filing information.

Additional information on ITU filing requirements is found in section 5.2.

5.1.5.3 Other technical requirements

I. Canadian coverage for satellites providing FSS/BSS

Note: There are no coverage requirements for other satellite services (e.g. MSS EESS, space research). The coverage requirements do not apply to FSS spectrum used for gateways or feeder links to support other satellite services (e.g. BSS or MSS).

Commercial FSS/BSS satellite systems operating in the geostationary arc between and including 70°W and 130°W (the Canadian FSS arc), are required to cover the entire Canadian territory visible from the orbital position.

Commercial FSS/BSS NGSO satellite systems designed for the provision of real-time service to end users must be capable of providing uninterrupted service (24 hours per day, 7 days per week) anywhere within Canadian territory.

For commercial GSO and commercial NGSO satellites as described above, the area of Canada where the angle of arrival of signals from the satellite above the horizontal plane is equal to or greater than the limit shown below must have either:

• an equivalent isotropically radiated power (e.i.r.p.) variation of no more than 6 dB over the entire Canadian coverage area
• a similar satellite link performance over the entire Canadian coverage area, using earth stations whose antenna diameters vary by no more than a factor of two when compared with the earth station antenna diameter required to serve the majority of the Canadian population (in this case, the link budgets provided must demonstrate that the requirement is met for an availability of at least 99.7%)

The minimum angle of arrival of signals from the satellite above the horizon plane for the coverage requirement above are:

• 5° angle of arrival for frequencies below 10 GHz
• 7.5° angle of arrival for frequencies between 10 GHz and 15 GHz
• 10° angle of arrival for frequencies above 15 GHz

For all satellites subject to the coverage requirement, applicants must submit the e.i.r.p. (dBW) and G/T (dB/K) contour diagrams for each type of beam. The contours must be presented at the following intervals: −2, −4, −6, −10, −20 dB.

For GSO systems, these contour diagrams must be submitted in a graphics data format compatible with the ITU Radiocommunication Sector’s Graphical Interference Management System (GIMS).

NGSO systems that are subject to the coverage requirement must also establish at least one gateway in Canada. Applicants must submit the planned location and a brief description of all gateways. If plans have not been finalized at the time of application, a condition of licence may be imposed related to confirmation of the location. The completion of the facility will also be included as a condition of licence.

All applicants must submit best and worst case link budgets that include all of the information elements, in the units specified, as identified in annex C. The link budgets must demonstrate availability throughout the entire Canadian coverage area.

II. Minimum spectrum efficiency for satellites providing FSS/BSS

Note: There are no spectrum efficiency requirements for other satellite services (e.g. MSS service links, EESS, space research). Spectrum efficiency does apply to FSS spectrum used for gateways or feeder links to support other satellite services.

Proposed satellites must employ state-of-the-art modulation and coding techniques, as well as frequency reuse techniques (either through the use of orthogonal polarizations within the same beam or through the use of spatially independent beams). For each band requested, the proposed satellites must meet a minimum spectrum efficiency at the edge of coverage of 1 bps/Hz for each polarization employed in each beam providing service.

Applicants must provide a channel and polarization plan for each band that the satellite will use, showing the representative modulation scheme and loading, in bps/Hz, for each channel. If spatially independent beams are to be used, that must be stated, and applicants must provide a map showing the beam pattern for all beams and the frequency reuse, and indicate the frequency reuse factor. Applicants must also provide a sample link budget (as per annex C) demonstrating minimum efficiency at the edge of coverage.

III. Minimum orbital separation for GSO satellites

All proposed GSO satellites must comply with minimum orbital separation requirements, defined as follows and based on band definitions found in annex A of RP-008:

• for FSS (all bands except X band): 2° minimum orbital separation
• for FSS X band: 3° minimum orbital separation
• for 12/17 GHz BSS: 9° minimum orbital separation
• for 17/25 GHz BSS: 4° minimum orbital separation
• for MSS and all other bands/services: N/A

Compliance with minimum orbital spacing does not replace the licensees’ ongoing obligation, as defined in the conditions of licence, to coordinate their proposed satellite systems with other existing and approved Canadian satellite systems assigned the same spectrum.

Where a waiver is requested to allow a proposed satellite system to operate more closely than the minimum orbital separation, the applicant must provide:

• a list of all other Canadian geostationary satellites assigned the same frequency bands within twice the minimum orbital separation
• sample link budgets (as per annex C) showing that:
  • the operations of the proposed satellite system will not constrain the use of the spectrum by other existing and approved first and second adjacent Canadian satellite systems
  • services from the proposed satellite will be viable

Applications for GSO satellite spectrum where a minimum orbital separation is not specified will be considered on a case-by-case basis.

5.1.6 Financial and operational affidavit

Applicants must submit a signed affidavit from the Chief Executive Officer or the Chief Financial Officer (or from an equivalent level of authority for a non-commercial project), stating that the applicant has the financial and operational capability to complete the project. For NGSO constellations that are subject to phased deployment milestones, an attestation for the first phase only is sufficient.

Where funding is being provided by another entity (i.e. a partner, customer, investor, or financial institution), the language of the affidavit must clearly indicate that a funding commitment is in place. A commitment that is conditional on the approval of the application is acceptable.

For government projects, a statement signed by an Assistant Deputy Minister, or equivalent, must be submitted stating the status of funding for the project.

The affidavit or statement must be signed no more than 60 calendar days prior to the submission of the application, and must be notarized.

5.1.7 Space debris mitigation plan

For all satellites (GSO and NGSO), a plan must be submitted that describes, in operational detail, how the satellite(s) will be de-orbited, and what other measures will be implemented to mitigate the possibility of orbital debris.

For GSO satellites, the plan must be in accordance with Recommendation ITU-R S.1003-2, Environmental protection of the geostationary-satellite orbit.

For NGSO satellites, the plan must be consistent with the guidelines issued by the Inter-Agency Space Debris Coordination Committee, including the requirement for the satellite(s) to de-orbit within 25 years of end of operational life.

These requirements are derived from the broader United Nations space debris mitigation guidelines [PDF: 97.8 KB], which cover many elements, including:

• limiting debris released during normal operations
• minimizing the potential for break-ups during operational phases
• limiting the probability of accidental collision in orbit
• avoiding intentional destruction and other harmful activities
• minimizing potential for post-mission break-ups resulting from stored energy
• limiting the long-term presence of spacecraft and launch vehicle orbital stages in the low Earth orbit region after the end of their mission
• limiting the long-term interference of spacecraft and launch vehicle orbital stages with the geosynchronous Earth orbit region after the end of their mission

5.1.8 Waivers

Applicants must meet all of the assessment criteria, unless a specific waiver of a requirement is requested and granted. See annex A for the procedure for obtaining a waiver related to Canadian coverage requirements. Eligibility requirements will not be waived.

Where the applicant is requesting a waiver, it must:

• submit all relevant parameters of satellite operations if the waiver is granted
• provide sufficient analysis to demonstrate why the waiver is justified
• demonstrate that granting the waiver would not be problematic (e.g. would not result in harmful interference, would not erode protection for an allocation)

5.1.9 Additional information

ISED may request additional information from an applicant at any time. In such instances, the application will be put on hold until the information is received, and the service standard may be extended. If the information is not provided as per ISED’s instruction, or within the timeframe established at the time of the request, the application may be denied.

5.2 ITU filing submission

All ITU filings must be submitted to ISED via the ITU’s e-Submission system,
e-Submission of Satellite Network Filings. An ITU operator account and e-Submission user ID are required to perform this action. These can be acquired through ISED’s International Satellite Coordination group by emailing satcoord-coordsat@ised-isde.gc.ca.

Applicants may submit the ITU filing information to ISED through the ITU’s e-Submission system up to 6 months ahead of the submission of their application. Neither the entry of the filing information, nor its submission by ISED to the ITU, serve as an indication that the associated licence application will be approved, or that the spectrum will be reserved for the applicant’s eventual use. A licence application must be submitted to ISED within six months of the date from when ISED submits the filing information to the ITU, via the e-Submission system. When the relevant ITU filing information has been entered prior to an application, the eventual application must identify the relevant filing and include a statement that the information has already been submitted.

The required filing information is as follows:

• for unplanned bands that are subject to coordination, the applicant must submit a Coordination Request (CR/C)
• for unplanned bands that are not subject to coordination, the applicant must submit the Advance Publication Information (API)
• for planned bands, the applicant must submit the appropriate ITU Radio Regulations Appendix 4 information

If an application refers to and/or includes more than one filing, the applicant must include a description and rationale for the need for multiple filings.

The date of e-submission of a filing does not affect the date of receipt for the associated licence application or impact the timing in which the application will be reviewed vis-à-vis the first-come, first-served process. Licence applications will be processed in the order in which they are received.

For GSO satellites, if an application with an associated ITU filing is received for the same spectrum from another applicant and the application is accepted by ISED, that applicant will receive the licence, notwithstanding the pre-existing filing. If an application is not received within six months from when ISED submits the filing to the ITU, the filing may be made available to other successful applicants, at ISED’s discretion. An applicant cannot submit an application for an existing filing other than their own. If an applicant wishes to make use of an existing, unassigned Canadian GSO filing, a separate, formal request must be submitted to ISED, following the acceptance of the application. Such a request will not be considered as part of an application.

For NGSO systems only, all systems that meet the licensing criteria will be licensed, with domestic coordination based on the date of authorization (with the exception of those applicants whose filings were submitted during the licensing moratorium on commercial NGSO systems (June 2016 to June 2017); in those cases, the order of domestic coordination will be based on the date of the filings). If an application is not received within six months from when ISED submits the filing to the ITU, the filing will be cancelled without further notice. In the case of a denial or dismissal of an application, ISED will cancel the ITU filing after 18 months from when ISED has originally submitted the filing in the e-Submission system, unless the initial applicant re-submits a licence application. Should an applicant re-apply with the intention of using a previously submitted ITU network filing, the application must clearly identify the associated ITU filing(s).

ISED will not assign an ITU filing to more than one satellite operator.

Once ISED sends the e-Submission to the ITU, and regardless of whether the associated licence application is approved or denied, the applicant is responsible for paying the applicable ITU cost recovery charges for satellite network filings. Additionally, it is the sole responsibility of the applicant to participate, on an ongoing basis, in coordination activities with a view to protecting its system. Failure to do so will result in the erosion of international spectrum rights and could factor into coordination decisions made by ISED with respect to the network or system.

When a licence application is submitted, ISED publishes a notice on the Spectrum Management and Telecommunications website indicating that it has received an application. These notices include the following information: date received, name of applicant, list of spectrum requested, orbital position or parameters, and status of application.

ISED assesses applications based on the information requirements and criteria as set out in section 5. Though no amendments are permitted while applications are under consideration, ISED may ask applicants to correct typographical or administrative errors.

Once a licensing decision has been taken, a notice of that decision is published on ISED’s Spectrum Management and Telecommunications website.

For applications that do not meet the assessment criteria, the application is denied without prejudice. When an application is denied, the applicant is notified and a reason provided. The decision is published on ISED’s website. For GSO satellites, ISED then considers the next application in line for that spectrum and orbital position, if any.

An applicant whose application has been denied may submit a new application, subject to first-come, first-served rules.

For GSO satellites where spectrum becomes available following the revocation, withdrawal or return of an authorization, a notice will be published on ISED’s website. Applications will not be accepted for such spectrum until 60 calendar days following the publication of that notice.

When ISED finds an application to be acceptable, a spectrum licence for each band is issued immediately, and will be made public in ISED’s Spectrum Management System. The licence(s) will authorize the radio service, the frequency band(s), the orbital location supported by an ITU filing, and a coverage area. The licence(s) will also include, as conditions of licence, any additional operational requirements specific to the system and/or its authorized frequency bands that must be observed. The fee is applicable only once the satellite(s) is launched and at its assigned orbital location. The applicant will receive a system generated email informing them that the licence has been authorized and will also receive an invoice, if appropriate.

Where two or more acceptable GSO applications for the same spectrum are received at the same time, the spectrum will be divided equally among the successful applicants and licences issued (“the same time” is defined as applications arriving within one second of each other). In such cases, ISED will later consider requests to amend those licences if licensees reach a mutually acceptable arrangement to share the spectrum, as outlined in section 8.2.

For GSO satellites, once a licence has been issued, all other applications in line for the same frequencies at the same orbital position (as defined by the minimum orbital separation as stated in section 5.1.5.3) are dismissed.

For NGSO systems, applications will be treated in the order in which they are received. No applications will be placed on hold, including those for the same frequency bands. ISED will authorize all systems that meet the licensing criteria. Licences will be subject to conditions of licence governing coordination.

This section contains additional licensing information regarding satellite implementation milestones; licence terms; temporary licences; developmental licences; interim, additional and replacement satellites; and conditions of licence.

7.1 Satellite implementation milestones

ISED expects that it will receive applications from operators with well-developed plans for the use of the spectrum at the requested orbital positions or orbit. Milestones are intended to ensure that licensees make diligent and timely progress in the construction and implementation of their satellites and in the provision of service.

7.1.1 Milestones for commercial satellites

For commercial GSO satellite projects, ISED has established a five-year implementation time frame with standard milestones.

For commercial NGSO projects, one-third of the constellation must be deployed within six years, with the full constellation deployed within nine years. If the licensee does not deploy one-third of the constellation by Year 6, but is providing commercial services, the licence will not be revoked. The licence will be amended to reflect the characteristics of the constellation at Year 6, and no further deployment will be permitted under that authorization. If the licensee does not deploy the full constellation by Year 9, but is providing commercial services, the licence will not be revoked. The licence will be amended to reflect the characteristics of the constellation at Year 9, and no further deployment will be permitted under that authorization.

The expectation and accepted understanding of the final implementation milestone has been that it also includes the commencement of services. The satellite or constellation is expected to be in operation, in conformance with its associated ITU filing(s) and the related domestic authorization(s), by the final milestone due date at the latest.

Milestones are strictly enforced. ISED does not anticipate granting milestone extensions in the absence of extraordinary circumstances, such as launch failures. ISED does not consider failure to secure a customer as an acceptable reason to extend the milestone deadlines.

Where milestones have been missed and have not been extended, ISED initiates a revocation process aimed at making the spectrum available for licensing to others. The revocation process is described in section 8.7. An applicant may surrender its licence and reapply for use of the same spectrum as described in section 5.

7.1.2 Milestones for non-commercial satellites

For non-commercial projects, milestones will be developed that are appropriate to the individual project. The application should include proposed milestones that would be appropriate for the specific project.

7.2 Licence terms

Spectrum licences for commercial communications satellites (e.g. FSS, BSS, MSS) will typically be issued with 20-year terms. This term is based on five to six years to plan, build and launch a new satellite system or network, and 15 years of operation. These licences will be subject to continued compliance with the conditions of licence and payment of annual fees.

When nearing the end of the 20-year term, a satellite operator may request a short-term extension of the licence in order to accommodate a longer-than-expected satellite life for GSO satellites or continued operations of an NGSO constellation.

For all other satellite systems and networks, ISED will establish a licence term on a case-by-case basis based on the characteristics of each project.

7.3 Temporary licences

Temporary spectrum licences may be issued to licensees who will be operating space stations for periods of less than one year. These licences are non-renewable.

In rare instances, where a satellite operator is able to use an in-orbit asset to bring a Canadian frequency assignment into use, ISED may issue a temporary licence to authorize the spectrum. Such authorizations would reflect current ITU requirements for bringing frequency assignments into use.

Temporary licences may also be issued to authorize satellite drifts. In such cases, applicants are not required to submit an ITU filing.

7.4 Developmental licences

Developmental licences may be issued to licensees in order to help them obtain time-limited access to spectrum for research and development, experimentation, or technology demonstration purposes only. Such licences must have neither pecuniary interest nor generate revenue and are issued on a no-interference, no-protection basis.

7.5 Interim, additional and replacement satellites

For GSO satellites, within the context of a 20-year licence, ISED expects that licensees may wish to make use of other satellites facilities under the licence. This could include interim satellites to provide service in advance of the permanent satellite, additional satellites to augment the capabilities of a satellite, or replacement satellites in the event of a satellite failure. While such facilities are viewed favourably by ISED, licensees are required to obtain departmental approval before placing a satellite in orbit and/or commencing its use.

If the parameters of the added satellite fall within the terms of the authorization, a full application is not required. However, in their request, the licensee must demonstrate to ISED that the facility and its use will be consistent with the authorized or approved parameters of the existing licence. Requests must be submitted no less than 60 calendar days before the planned launch or placement of the added satellite.

For NGSO systems where satellites will be regularly de-orbited and replaced, operators must include the plan for the upcoming year in their annual reports to ISED.

If the additional, interim or replacement satellites are associated with additional frequency bands, a different orbital position (GSO) or different orbital parameters (NGSO) (as defined in section 5.1.5), a full application is required and is subject to the first-come, first-served process.

7.6 Conditions of licence

ISED will apply the general conditions of licence that are listed in N2 – Space station licences. Additional conditions of licence specific to frequencies or circumstances may also be added on a case-by-case basis.

Failure to comply with conditions of licence may result in the revocation of the licence.

This section describes various post-authorization procedures, including reporting requirements; amendments to licences; relocation and decommissioning of satellites; transfers, renewals and cancellations of licences; revocation of licences; and satellite registration.

8.1 Reporting requirements

Licensees are subject to reporting requirements, as specified in their conditions of licence. These reporting requirements have been established in order to ensure continued compliance with licensed parameters and conditions of licence as well as to minimize potential service disruption/degradation to Canadians. Licensees are required to notify ISED of any safety issues or any potential disruptions as soon as feasible.

8.2 Amendments to licences

Where licensees intend to modify their use of assigned spectrum for the operation of their satellite(s) in a manner that is inconsistent with the authorization (e.g. provision of MSS when authorized for FSS), licensees must apply for an amendment using ISED’s Spectrum Management System in advance of implementing the modification. The licensee is also required to submit revised licensing information, as appropriate.

Note that an application for an amendment involving the use of a different orbital position, different orbital parameters (as defined in section 5.1.5), additional frequency bands, or the expansion of an NGSO constellation following a reduction in the licence for failure to meet deployment milestones, is subject to the first-come, first-served process. The new application must include the information requirements set out in section 5. Such applications will be treated in the order in which they are received.

In the case of licences issued as a result of simultaneous applications only, ISED will consider amendment requests for additional spectrum or for a different orbital position if licensees have reached a mutually acceptable arrangement. The requested changes must be within the limits of the spectrum as originally requested in both applications. Each licensee must request an amendment for their licence, and may submit a joint request.

8.3 Relocation and decommissioning of satellites

Satellites may not be relocated without a full review of the request by ISED and the authorization of the Minister. Licensees must submit a relocation request to ISED at least 30 calendar days prior to any planned relocation of a satellite. The licensee must certify that the relocation will not result in an unexpected lapse of service for any current customer. If the satellite will operate under a Canadian licence at the new position or location, a new application is required and will be subject to the first-come, first-served process. Requests to relocate a satellite to a non-Canadian orbital position will be considered on a case-by-case basis.

Licensees must notify ISED at least six months in advance of when a satellite will be decommissioned or de-orbited, and certify that the decommissioning will not result in any unplanned discontinuation or lapse in service for any current Canadian customers. For NGSO systems, these reports must also include plans for the upcoming year for replacing and/or de-orbiting individual satellites within the constellation.

8.4 Transfer of licences

Licences may not be transferred or assigned without the authorization of the Minister as per condition 2 of N2 – Space station licences. Requests will be reviewed by ISED to ensure, among other things, that licensing requirements will be met by the new licensee (eligibility, Canadian direction and control, etc.), that the operating and technical parameters of the satellite(s) will remain unchanged, and that there will be no change in services to customers.

8.5 Renewal of licences

At the end of the licence term, the licensee will have a high expectation that a new licence will be issued for a subsequent term, unless a breach of licence condition has occurred; a fundamental reallocation of spectrum to a new service is required or has been introduced; or an overriding policy need arises. The issuance of a new licence is not automatic, and licensees are required to submit applications under this Client Procedures Circular. Such applications will be considered no earlier than five years before the end of the term and must be submitted no later than three years before the end of the term. If there are no changes to the frequency band or orbital position (for GSO), or to the authorized orbital parameters (for NGSO), such applications will not be subject to the first-come, first-served process.

8.6 Licence cancellations

When a licence is no longer required by the licensee, the licensee must submit a cancellation using ISED’s Spectrum Management System.

8.7 Revocation of licences

ISED will notify the licensee when it intends to suspend or revoke a licence, and will provide reasons for this decision. The licensee will have 30 calendar days from the date of the notification to provide a written response to the notice. ISED will evaluate the response and determine whether to proceed with the revocation process. If the licensee does not reply within the given period, the licence will be suspended or revoked immediately.

A licence may be suspended or revoked where the licensee fails to meet any condition of licence, where it breaches the Radiocommunication Act or Radiocommunication Regulations, or where ISED changes a frequency allocation or spectrum use policy following a public consultation. In the case of a change in allocation or permitted spectrum use, licensees are normally provided a transition period before forfeiting their licences.

8.8 Satellite registration

Registration of satellites as Canadian space objects with the United Nations Register of Objects Launched into Outer Space can be done by contacting the Canadian Space Agency at asc.enregistrementobjetsspatiaux-spaceobjectsregistration.csa@canada.ca.

All fees are subject to the requirements of the Service Fees Act, including the implementation of a periodic fee adjustment. The fee for space station spectrum licences is based on the amount of spectrum assigned in specific frequency bands, as set out in Notice No. SMSE-001-23, Fee Order for Space Stations.

Fees are applicable once the licensee has launched a satellite and the satellite is in its assigned orbital location or orbit. Where a spectrum licence is issued to a licensee for a space station that is already launched, the fee will be applicable immediately.

All applications for satellite-related services are subject to service standards and subject to remissions as per ISED’s Service Fees Remission Policy and the Spectrum and Telecommunications Sector (STS) Program Annex.

In accordance with the Service Fees Act and related policy directives, the service standard for spectrum licences for space stations is 126 calendar days.

It is expected that most applications will be treated within the service standard. In those cases where the service standard will not be met, applicants will be notified of an appropriate time frame for consideration of their application.

All ISED publications related to spectrum management and telecommunications are available on the Spectrum Management and Telecommunications website. Refer to the following documents as needed:

• Radiocommunication Act
• Radiocommunication Regulations
• Notice No. SMSE-001-23, Fee Order for Space Stations
• CPC-2-6-01, Procedure for the Submission of Applications to License Fixed Earth Stations and to Approve the Use of Foreign Satellites in Canada
• CPC-2-6-06, Guidelines for the Submission of Applications to Provide Mobile Satellite Services in Canada
• SMSE-008-22, Decision on Updates to the Licensing and Fee Framework for Earth Stations and Space Stations in Canada
• SMSE-006-13, Decisions on the Licensing Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS), Implications for Other Satellite Services in Canada, and Revised Fee Proposal
• SMSE-015-17, Decisions on the Licensing Framework for Non-Geostationary Satellite Orbit (NGSO) Systems and Clarification of Application Procedures for All Satellite Licence Applications
• Canadian Table of Frequency Allocations
• RP-008, Policy Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS)
• SAB-001-20, Domestic Coordination Procedures for Satellite Networks and Satellite Systems

Acronyms

• CPC: Client Procedures Circular
• SAB: Spectrum Advisory Bulletin
• RP: Radio Systems Policy
• SMSE: Canada Gazette Notice

This annex details the Canadian coverage requirements for geostationary satellite orbit (GSO) satellites and non-geostationary satellite orbit (NGSO) satellites.

A.1 Requirement for geostationary satellite orbit satellites

Until such time as specific service rules are established for different frequency bands or services (including Canadian coverage requirements), the following requirements for fixed-satellite services (FSS) and broadcasting-satellite services (BSS) satellites must be met.

For any GSO satellite to be positioned between and including 70°W and 130°W (the Canadian FSS arc), operators will be required to cover the entire Canadian territory visible from the satellite. Operators must reserve 50% of the satellite capacity for Canadian use for a minimum period of six months from licence issuance, during which time ISED will expect a reasonable effort to be made to market the capacity to Canadian users.

Requesting a waiver from the coverage requirement at the time of licence application

Applicants may request a waiver from the coverage requirement for specific satellites under exceptional circumstances or if the operator can demonstrate that Canadian needs for the capacity being provided on the specific satellite will be met through other means. This demonstration should include, but need not be limited to a survey of:

• the existing and unused capacity of the same type of service available in the Canadian market, as well as of the needs of Canadian satellite users for the capacity
• licensed and approved satellites that are not yet in operation with the same type of capacity, which could provide other opportunities to Canadian satellite users to obtain capacity

Conditions of waiver

If a waiver is granted, the licence would specifically exclude those areas addressed by the waiver. ISED will allow other operators to apply for and obtain a licence to serve those excluded areas, subject to coordinating their use of spectrum.

ISED expects licensed operators to coordinate with future applicants that wish to provide complementary coverage, allowing for the provision of services in Canada, unless they can demonstrate that it is technically not possible to do so.

Ending the capacity reservation period and/or approval of revised satellite design that changes Canadian coverage

In order to terminate the Canadian coverage/capacity condition of licence, licensees must submit a request to ISED describing reasonable efforts made to market the capacity to Canadian users. This description should include, but need not be limited to:

• a list of prospective customers contacted
• a description of any advertising campaigns undertaken
• a summary of the results of this marketing effort

The request may also include information similar to that which is required when seeking a waiver from the coverage requirement.

This information may be submitted no earlier than six months after licence issuance, and no later than the implementation milestone associated with construction contracts.

A.2 Requirement for non geostationary satellite orbit satellites

All commercial BSS NGSO constellations and commercial FSS NGSO constellations designed for the provision of real-time services to end users must be capable of providing uninterrupted service (24 hours per day, 7 days per week) throughout the Canadian territory. These systems must also locate at least one gateway in Canada to support the provision of service.

Waivers

ISED will not grant a waiver from this requirement unless the applicant is already operating a Canadian-licensed commercial NGSO constellation that provides uninterrupted (24 hours per day, 7 days per week) throughout Canadian territory. Applications that do not meet the coverage requirement will be denied.

As a result of decisions announced in SMSE-015-17, Decisions on the Licensing Framework for Non-Geostationary Satellite Orbit (NGSO) Systems and Clarification of Application Procedures for All Satellite Licence Applications, ISED has established certain requirements for ground facilities related to Canadian-licensed non-geostationary satellite orbit (NGSO) systems. Although the definitions below were developed as a result of SMSE-015-17, the definitions themselves apply to all types of satellites.

ISED uses the following definitions for telemetry, telecommand and control (TT&C), network operations centre / satellite operations centre (NOC/SOC), and gateway facilities, but recognizes that there may be other definitions and that some functions may overlap. Each satellite operator will establish facilities to meet their own operational needs. For NGSO systems, as long as all of the functions listed under the different facilities are performed in Canada, ISED will consider the criteria to be met. In other words, the functions listed do not necessarily have to align with the specific facility under which they appear.

ISED’s primary focus is on the 24/7 control and management of the satellite system itself, as opposed to traffic, performance/availability, or customer management.

For NGSO systems, the following facilities must be located in Canada, and must perform the following functions. Further, there must be staff located in Canada that can initiate commands related to those functions.

Telemetry, telecommand and control

The telemetry, telecommand and control (TT&C) facility is responsible for three primary functions with respect to a spacecraft or constellation. The Canadian facility must perform the following functions:

• Telemetry: monitor the operational health of the various electronic units aboard the spacecraft(s)
• Telecommand: command the various electronic units aboard the spacecraft(s), including the propulsion system
• Control: determine and control the location and orientation of the spacecraft(s)

Network operations centre or satellite operations centre

A network operation centre (NOC) or satellite operations centre (SOC) is responsible for the monitoring, supervision and maintenance of a satellite system. The Canadian facility must perform at least the following functions:

• spectrum management (e.g. interference mitigation)
• satellite system maintenance (e.g. satellite status monitoring and software upgrade)

Gateway

A gateway earth station provides a satellite system a point of access to a local core network, such as public switched telephone network (PSTN) or the Internet. ISED has no specific functional requirements, but notes that gateway facilities often perform the following functions:

• uplink power control
• coding and modulation control
• protocol conversion
• satellite communication handover
• authentication

For geostationary satellite orbit (GSO) satellites, link budgets must be provided for centre and edge of coverage.

For non-geostationary satellite orbit (NGSO) satellites, link budgets must be provided for lowest and highest satellite elevation angles as seen from the earth station.

Uplink parameters:

• Transmitting earth station site
• Latitude (degrees)
• Longitude (degrees)
• Distance to the satellite (km)
• Elevation angle (degrees)
• Uplink frequency (MHz)
• Antenna diameter (m)
• Antenna efficiency (%)
• Antenna gain (dBi)
• Earth station antenna pattern
• Uplink equivalent isotropically radiated power per carrier (dBW)
• Transponder saturated flux density from direction of transmitting earth station (dBW/m²)
• Maximum satellite gain-to-system-noise-temperature ratio (dB/K)
• Satellite gain-to-system-noise-temperature ratio towards transmitting earth station (dB/K)
• Uplink propagation loss (dB)
• Other losses (dB)

Carrier parameters:

• Receiving earth station site
• Latitude (degrees)
• Longitude (degrees)
• Slant range to the satellite (km)
• Elevation angle (degrees)
• Downlink frequency (MHz)
• Antenna diameter (m)
• Antenna efficiency (%)
• Antenna gain (dBi)
• Earth station antenna pattern
• Maximum satellite equivalent isotropically radiated power per beam (dBW)
• Equivalent isotropically radiated power per carrier (dBW)
• Satellite equivalent isotropically radiated power towards receiving earth station (dBW)
• Carrier power flux density (dBW/m²/f=reference bandwidth — see ITU Radio Regulations Article 21)
• Power flux density (dBW/m²)
• System noise temperature (K)
• Downlink propagation loss (dB)
• Downlink feeder loss (dB)
• Other losses (dB)

Downlink parameters:

• Receiving earth station site
• Latitude (degrees)
• Longitude (degrees)
• Slant range to the satellite (km)
• Elevation angle (degrees)
• Downlink frequency (MHz)
• Antenna diameter (m)
• Antenna efficiency (%)
• Antenna gain (dBi)
• Earth station antenna pattern
• Equivalent isotropically radiated power per carrier (dBW)
• Satellite equivalent isotropically radiated power towards receiving earth station (dBW)
• Carrier power flux density (dBW/m²/f=reference bandwidth — see ITU Radio Regulations Article 21)
• Power flux density limit per ITU Radio Regulations No. 21.16
• Power flux density (dBW/m²)
• System noise temperature (K)
• Receive earth station gain-to-temperature ratio (dB/K)
• Downlink propagation loss (dB)
• Downlink feeder loss (dB)
• Other losses (dB)

Interference summary (uplink and downlink):

• Adjacent satellite carrier-to-interference ratio (dB)
• Other applicable carrier-to-interference ratio (dB)
• Intermodulation carrier-to-interference ratio (dB)

Link budgets (uplink and downlink):

• Carrier-to-noise ratio (dB)
• Carrier-to-noise plus interference ratio (dB)
• Carrier-to-noise ratio objective (dB)
• Link margin (dB)
• Spectral efficiency (bps/Hz)