L8 — Spectrum Licences in 3.5 GHz issued on First-Come First-Served basis after the 2014 Renewal Process

The following conditions will apply to all new and existing FCFS FWA licences in the band 3475-3650 MHz, in Tier 4 service areas.

It should be noted that all licences are subject to the relevant provisions in the Radiocommunication Act and the Radiocommunication Regulations, as amended from time to time. For example, the Minister continues to have the power to amend the terms and conditions of spectrum licences (paragraph 5(1)(b) of the Radiocommunication Act).

It should also be noted that, under this proposal, each time a licensee applies for a licence it will be required to submit an application to the Department indicating the services that it intends to provide along with a coverage map outlining the grid cells required for the implementation of these services. Once approved, the appropriate fee will be calculated according to grid-cell usage based on DGRB-008-99-Radio Authorization Fees for Fixed Wireless Access Systems in Rural Areas in the Frequency Range 3400 3550 MHz and must be paid prior to issuance of the licence.

1. Licence Term

The licence will expire on the date indicated on the licence. The term of this licence will not exceed 1 year.

2. Licence Fees

The licensee must pay the applicable annual licence fee on or before March 31 of each year for the subsequent year (April 1 to March 31).

3. Eligibility Criteria

The licensee must conform to eligibility criteria as set out in subsection 9(1) of the Radiocommunication Regulations.

4. Displacement

The licensees must adhere to any transition policy that may be established with respect to a new band plan and other relevant technical rules, if and when they are established to facilitate the introduction of flexible use (both mobile and fixed services) in the 3500 MHz band.

5. Radio Station Installations

The licensee must comply with Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time.

6. Provision of Technical Information

The licensee must provide Industry Canada with, and maintain, up-to-date technical information on a particular station or network in accordance with the definitions, criteria, frequency and timelines specified in Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.

7. Compliance With Legislation, Regulations and Other Obligations

The licensee is subject to, and must comply with, the Radiocommunication Act and the Radiocommunication Regulations, as amended from time to time. The licensee must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the spectrum policies applicable to this band, as amended from time to time. The licence is issued on condition that all representations made in relation to obtaining this licence are all true and complete in every respect.

8. Technical Considerations, and International and Domestic Coordination

The licensee must comply on an ongoing basis with the technical aspects of the appropriate Radio Standards Specifications (RSS) and Standard Radio System Plans (SRSP), as amended from time to time. Where applicable, the licensee must use its best efforts to enter into mutually acceptable agreements with other parties to facilitate the reasonable and timely development of their respective systems, and to coordinate with other licensed users in Canada and internationally.

The licensee must comply with the obligations arising from current and future frequency coordination agreements established between Canada and other countries and shall be required to provide information or take actions to implement these obligations as indicated in the applicable SRSP. Although frequency assignments are not subject to site licensing, the licensee may be required through the appropriate SRSP to furnish all necessary technical data for each relevant site.

9. Lawful Interception

The licensee operating as telecommunication common carrier using the spectrum for voice telephony systems must, from the inception of service, provide for and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95). These standards may be amended from time to time.

The licensee may request the Minister of Industry to forbear from enforcing certain assistance capability requirements for a limited period of time. The Minister, following consultation with Public Safety Canada, may exercise the power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirement is not reasonably achievable. Requests for forbearance must include specific details and dates indicating when compliance to the requirement can be expected.

10. Implementation of Spectrum Usage

The licensee must deploy the system(s) and provide the services described in its application within twelve months of the issuance of this licence and maintain such coverage and service delivery throughout any subsequent licence terms.

The licensee must provide information regarding its deployment and service delivery at the request of Industry Canada.

Failure to maintain deployment or provide reports is a breach of these conditions and may result in suspension or revocation of this licence or other enforcement action under the Radiocommunication Act.

11. Mandatory Antenna Tower and Site Sharing

The licensee operating as telecommunication common carrier must comply with the mandatory antenna tower and site sharing requirements set out in Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.

12. Amendments

The Minister of Industry retains the discretion to amend these terms and conditions of licence at any time.

Last revision date: Jan 23, 2015