In addition to the standard conditions of licence listed below, any operational requirements specific to a space station and/or to authorized frequency bands will be stated as conditions on individual licences.
For the purpose of this document, the term space station can refer to a spacecraft, or to a payload onboard a spacecraft that is subject to a spectrum licence. The term "satellite" is used interchangeably with "space station."
1. Eligibility
The licensee must comply with the eligibility criteria as set out in the Radiocommunication Regulations.
2. Licence transferability
Licences may not be transferred or assigned without the prior authorization of the Minister of Industry (the Minister). For clarification and without limiting the generality of the foregoing, "transfer" includes any leasing, sub-leasing or other disposition of the rights and obligations of the licence.
3. Laws and regulations
The licensee and its use of the spectrum assigned in this authorization are subject to and must comply with the International Telecommunication Union (ITU) Radio Regulations, the Canadian Radiocommunication Act, the Canadian Radiocommunication Regulations, and Canada's spectrum utilization policies pertaining to the licensed radio frequency bands, as amended from time to time.
4. Canadian direction and control
The licensee must maintain direction and control of the satellite(s) at all times. For any changes to the direction and control facilities, the licensee must seek prior approval from Innovation, Science and Economic Development Canada (ISED or "the Department").
For geostationary satellites (GSO), if primary control is located outside of Canada, the licensee must maintain a secondary facility located in Canada that is capable of the functions listed in Client Procedures Circular CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences for Space Stations.
For non-geostationary satellite orbit (NGSO) satellites, both the primary physical control facility and the network operations centre must be located in Canada and telemetry, telecommand and control (TT&C) functions must originate from those facilities. There must be staff located in Canada that can initiate commands related to TT&C and network operations functions.
5. Relocation of satellites
Satellites may not be relocated without the prior authorization of the Minister.
6. Milestones
The licensee must ensure that all implementation milestones and related requirements, as set out below, are met. The milestones below relate to the development of the permanent satellite system. If interim satellites are planned for testing purposes or to bring frequency assignments into use, additional milestones may be added.
6.1 For geostationary satellite orbit (GSO) satellites
Milestone 1 (Satellite design completed and construction contract executed): 2 years from date of authorization
Requirement: The licensee must submit a copy of the contract for the construction of the new satellite that is consistent with:
- information submitted in the licence application and that meets technical requirements as set out in CPC-2-6-02
- the existing ITU filing
- the terms of the authorization, including Canadian coverage and minimum technical requirements as outlined in CPC‑2‑6‑02
- placing the satellite into the assigned orbital position by the date established for Milestone 4
Milestone 2 (Construction commenced): 30 months from date of authorization
Requirement: The licensee must submit evidence, such as invoices or payments demonstrating the purchase of long-lead items, to prove that the licensee has commenced physical construction of the satellite.
Milestone 3 (Launch contract executed): 4 years from date of authorization
Requirement: The licensee must submit a copy of the launch contract indicating the satellite will be placed into the assigned orbital position and the spectrum will be brought into use by the date established for Milestone 4.
Milestone 4 (Satellite in operation): 5 years from date of authorization
Requirement: The licensee must attest that:
- the space station has been launched and placed in its authorized orbital location
- its in-orbit operation has been tested and found to be consistent with the terms of the authorization
6.2 For non-geostationary satellite orbit (NGSO) satellites
Milestone 1(a) (Contract to begin construction executed and location of ground facilities confirmed): 3 years from date of authorization
Requirement: The licensee must submit a copy of the executed contract to begin the construction process for the new satellite(s) that is consistent with:
- information submitted in the licence application and that meets technical requirements as set out in CPC-2-6-02
- the existing ITU filing
- the terms of the authorization, including Canadian coverage and minimum technical requirements as outlined in CPC‑2‑6‑02
- placing the satellite(s) into the assigned orbital position by the date established for Milestone 4
The licensee must submit the location and a detailed description of the telemetry, telecommand and control (TT&C) facility, and the network operations centre (NOC). The licensee must also submit the location and a detailed description of Canadian gateway facilities, if applicable.
If the contract submitted under Milestone 1(a) is not an executed construction contract for the full constellation, Milestone 1(b) applies.
Milestone 1(b) (Final construction contract executed): 4 years from date of authorization
Requirement: The licensee must submit a copy of the executed contract for the construction of the new satellite(s) that is consistent with:
- information submitted in the licence application and that meets technical requirements as set out in CPC-2-6-02
- the existing ITU filing
- the terms of the authorization, including Canadian coverage and minimum technical requirements as outlined in CPC‑2‑6‑02
- placing the satellite(s) into the assigned orbital position by the dates established for Milestones 3 and 4
Milestone 2 (Launch contract executed): 5 years from date of authorization
Requirement: The licensee must submit a copy of the executed launch contract to place the satellite(s) into the assigned orbit by the dates established for Milestones 3 and 4.
Milestone 3 (One-third of constellation in operation and construction of ground facilities complete): 6 years from date of authorization
Requirement: The licensee must attest that:
- one‑third of the authorized constellation has been launched and placed into the assigned orbit
- in‑orbit operation has been tested and found to be consistent with the terms of the authorization
The licensee must attest that construction of the TT&C, NOC and Canadian gateway facilities, as applicable, has been completed, tested and that the facilities are operational.
Milestone 4 (Full constellation in operation): 9 years from date of authorization
Requirement: The licensee must attest that:
- the full constellation has been launched and placed into the assigned orbit
- in‑orbit operation has been tested and found to be consistent with the terms of the authorization
7. Milestones for non-commercial satellites
Milestones will be established on a case-by-case basis according to the specifics of the project.
8. Technical and/or design changes
Any changes to the technical parameters of the authorized satellite network or system, excluding the addition of new frequency bands, must be approved by the Department prior to being undertaken. Compliance with milestones will be assessed against those approved parameters. The addition of new frequency bands is subject to a new licence application.
9. Pre-launch licensing requirement
At least 60 calendar days in advance of the anticipated launch date of the satellite(s), the licensee must submit a modification request through the Spectrum Management System to change their licence from pre-operational to operational.
10. Satellite coordination
It is the responsibility of the licensee to participate, on an ongoing basis, in coordination activities with a view to protecting its network and fulfilling ITU obligations. To this end, the licensee must undertake the following:
- pay the applicable ITU cost recovery charges for satellite network filings
- participate, at its own expense, in the coordination of the satellite network with the satellite and terrestrial networks of other countries
- provide ISED, in a manner acceptable to the ITU, with the satellite coordination, notification and administrative due diligence information required by the ITU
- ensure that the operation of the satellite complies with any arrangements and agreements undertaken by Canada with respect to the coordination of the satellite
The licensee must maintain all valid ITU filings associated with the satellite system or network at all times.
In order to avoid harmful interference, the licensee will be required to coordinate its satellite network or system with other potentially affected Canadian satellite and terrestrial services. It is the sole responsibility of the licensee to identify these networks.
In the event that coordination cannot be successfully completed, ISED may impose the implementation of mitigation techniques. The satellite or satellite system must be operated in a manner consistent with any arrangements made, or techniques imposed, to facilitate satellite coordination.
11. Provision of service
The satellite(s) must be in-service within six months of meeting the final implementation milestone, and must maintain operations in accordance with the international Radio Regulations, its authorization, and associated ITU filing(s).
12. Service in Canada and Canadian coverage
Licensees must make the facilities and capacity for lease, resale and sharing available to other service providers on an unrestricted, non-discriminatory basis.
For geostationary satellites
For any commercial fixed-satellite service (FSS) or broadcasting-satellite service (BSS) satellite positioned between and including 70°W and 130°W (the Canadian FSS arc), the licensee must cover the entire Canadian territory visible from the satellite. The licensee must reserve 50% of the satellite capacity for use by Canadians for a minimum period of six months from licence issuance, during which time a reasonable effort must be made to market the capacity to Canadian users. Prior to releasing this reserved capacity, the licensee must submit a report as described in Annex A of CPC-2-6-02.
For non-geostationary satellites
For commercial BSS NGSO systems or commercial FSS NGSO systems designed for the provision of real-time service to end users, licensed systems must be capable of providing uninterrupted service (24 hours per day, 7 days per week) throughout the Canadian territory.
13. Public benefit for fixed-satellite service or broadcasting-satellite service satellites
For FSS/BSS satellites, licensees shall direct a minimum of 0.5% of adjusted gross annual revenues resulting from the use of this licence or, subject to the prior approval of ISED, satellite capacity or services of an equivalent value to the foregoing, toward special initiatives aimed at improving connectivity in underserved areas of Canada. The initiative must be approved by ISED prior to the launch of authorized satellite(s). The condition can be fulfilled at any time during the life of the satellite. Adjusted gross revenues are defined as total service revenues, less inter‑carrier payments, bad debts, third-party commissions, and provincial goods and services taxes collected.
14. Research and development for mobile-satellite service satellites
For mobile-satellite service (MSS), the licensee must invest, as a minimum, 2% of its adjusted gross revenues resulting from the use of this licence, averaged over the term of the licence, in eligible research and development activities related to telecommunications. Eligible research and development activities are those that meet the definition of scientific research and experimental development adopted in the Income Tax Act, as amended from time to time. Adjusted gross revenues are defined as total service revenues, less inter-carrier payments, bad debts, third party commissions, and provincial goods and services taxes collected. The licensee is exempt from research and development expenditure requirements if it, together with all affiliated licensees that are subject to the research and development condition of licence, has less than $1 billion in annual gross operating revenues from the provision of wireless services in Canada, averaged over the term of the licence. For this condition of licence, an affiliate is defined as a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier, as per subsection 35(3) of the Telecommunications Act.
15. Space debris mitigation
For GSO satellites, the licensee shall remove the satellite from the geostationary satellite orbit region in a manner consistent with Recommendation ITU-R S.1003-2, Environmental protection of the geostationary satellite orbit at the end of its life. The licensee must notify ISED of the removal and provide the information requested in section 8.3 of CPC-2-6-02.
For NGSO satellites, the licensee must implement space debris mitigation measures in accordance with the guidelines established by the Inter-Agency Space Debris Coordination Committee, at the end-of-life of the satellite(s). The licensee must also include the requirement for the satellite(s) to de-orbit within 25 years of end of operational life.
16. Lawful intercept of communications for mobile-satellite service systems
If the licensee is using the spectrum for voice telephony systems, it 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.
17. Earth station licensing
All earth stations in Canada communicating with the satellite(s), except those exempted from the licensing requirement pursuant to the Radiocommunication Act and Radiocommunication Regulations, shall be licensed prior to operation pursuant to CPC-2-6-01, Procedure for the Submission of Applications for Spectrum Licences for Earth Stations Requiring Site Approval or CPC-2-6-03, Procedure for the Submission of Applications for Generic Earth Station Spectrum Licences.
18. Reporting requirements
The licensee must immediately inform ISED of any changes to their contact information or to information concerning satellite development, operations and/or control, including any change in control facilities. The licensee is also required to report any suspension of service to ISED.
18.1 Reports on operations/control of satellite(s)
The licensee must, as soon as feasible, notify ISED in writing if the licensee has reasonable grounds to believe that:
- there is any risk of disruption or suspension of services
- the licensee has lost or is in danger of losing control of a satellite
- the licensed system poses a danger to the environment, public health or the safety of persons or property
- there has been a breach in the security of the licensed system
Within 21 calendar days after notifying ISED of any of the above, the licensee shall provide a written report that describes the situation, its probable cause and the corrective measures taken or proposed to be taken.
18.2 Annual reports
The licensee must submit an annual report. It is expected that the system will be coordinated and notified prior to launch. Therefore, before launch, the report must include progress on meeting implementation milestones and updates on coordination discussions. Following the start of operations, the reports must indicate continued compliance with conditions of licence. For NGSO systems, these reports must also include plans for replacing and/or de‑orbiting individual satellites within the constellation in the upcoming year. This report is due by March 31 of each year.
18.3 Reports on decommissioning/de-orbiting of satellite(s)
The licensee must notify ISED at least 6 months in advance of when a satellite will be decommissioned or de-orbited, and certify that the decommissioning will not result in any unplanned disruption of service to customers. At the end-of-life of the satellite(s), the licensee shall submit a final report to ISED detailing the space debris mitigation measures undertaken. This report shall be submitted no later than 60 calendar days after the satellite(s) have been decommissioned.
The licensee must provide any information requested by ISED, within the timeframe established in the request.
All reports are to be submitted to the Director of Satellite Services - Operations by email at satelliteauthorization-autorisationsatellite@ised-isde.gc.ca.
19. Payment of fees
Licence fees are paid on an annual basis, in advance, and are due by March 31 of each year.