R3 — Spectrum Licences issued via Non-Competitive Local Licensing in the Band 3900-3980 MHz

The following conditions will apply to non-competitive local (NCL) licences in the 3900-3980 MHz band.

It should be noted that the 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 of Innovation, Science and Industry (the Minister) continues to have the power to amend the terms and conditions of spectrum licences, under paragraph 5(1)(b) of the Radiocommunication Act. The Minister may do so for a variety of reasons, including furtherance of the policy objectives related to the band. Such action would normally only be undertaken after consultation.

1. Licence term

If this licence is renewable: This licence will expire on March 31 each year. Licensees have a high expectation that a new licence will be issued for a subsequent annual term, upon payment of the relevant fee, unless a breach of licence condition has occurred, a fundamental reallocation of spectrum to a new service is required, or an overriding policy need arises.

If this licence is temporary: This licence expires on the date set out on its face and is not renewable.

2. Eligibility

The licensee must comply on an ongoing basis with the applicable eligibility criteria in subsection 9(1) of the Radiocommunication Regulations.

3. Restriction on commercial mobile service providers

Any entity, or affiliate of that entity (as defined in section 6.2 of SPB-001-23, Decision on a Non-Competitive Local Licensing Framework, Including Spectrum in the 3900-3980 MHz Band and Portions of the 26, 28 and 38 GHz Bands), with 100,000 or more retail mobile phone subscribers as reported to the Canadian Radio-television and Telecommunications Commission (CRTC) through its Annual Telecommunications Survey is ineligible to hold this licence for the blocks from 3940 MHz to 3980 MHz in the 3900 MHz band.

4. Fees

Licences obtained through the NCL licensing process as described in SPB-001-23, Decision on a Non-Competitive Local Licensing Framework, Including Spectrum in the 3900-3980 MHz Band and Portions of the 26, 28 and 38 GHz Bands, will be subject to licence fees established for this band in that Decision.

5. Licence transferability, divisibility and subordinate licensing

This licence is not transferable in whole or in part and cannot be divided or subordinated.

6. Bandwidth limit

Except in cases where Innovation, Science and Economic Development Canada (ISED) has expressly permitted an exception to this condition pursuant to SAB-03-25, Notice of amendment to spectrum limit condition of licence in the 3900 MHz band under the non-competitive local (NCL) licensing framework, a licensee, including its affiliates, may not hold licences in a licence area where their aggregate bandwidth exceeds 20 MHz.

For the purposes of this condition, an affiliate is any entity that controls or is controlled, directly or indirectly, by the licensee, or is controlled, directly or indirectly, by an entity that also controls the licensee.

Where a licensee becomes affiliated with another licensee holding spectrum in the 3900-3980 MHz band after the issuance of a licence, and the affiliates’ combined holdings exceed 20 MHz in the same licence area, one of the affiliates’ licences, as selected by the affiliates, must be returned to ISED.

7. 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.

8. Provision of technical information

The licensee must provide, and maintain, up-to-date technical information related to associated radiocommunications installations that are in service within one month of the issuance of this licence. The licensee must provide or otherwise update and confirm the accuracy of their data relating to all in-service installations on a monthly basis, regardless of whether any changes have occurred. If there are no radiocommunication installations in service associated to this spectrum licence, the licensee must indicate this as well.

The licensee must adhere with all other definitions, criteria, and timelines specified in Client Procedures Circular CPC-2-1-30, Technical Information Associated with Radiocommunication Installations, as amended from time to time.

9. Compliance with legislation, regulation 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.

10. Lawful interception

A licensee operating as a telecommunications 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 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 with the requirement can be expected.

11. Deployment requirements

The licensee will be required to demonstrate to the Minister, through site upload information, that the spectrum has been put to use within two years of the initial licence issuance date to the levels set out in the Decision on a Non-Competitive Local Licensing Framework, Including Spectrum in the 3900-3980 MHz Band and Portions of the 26, 28 and 38 GHz Bands. Only stations that are actively being used for radiocommunication (as defined in the Radiocommunication Act) shall be considered valid deployments for the purposes of meeting this condition.

The licensee is required to meet these conditions at all relevant times during the licence term and to continuously provide services throughout the term of the licence in accordance with these requirements.

The licensee must provide the Minister with any documentation or information related to deployment at the Minister’s request.

This condition does not apply to temporary licences of less than one year’s duration.

NCL licensees may deploy base stations anywhere within their licence areas. However, NCL licensees must not transmit to devices and/or receivers outside of their licence areas.

12. Reporting

Upon request from ISED, licensees must provide information to the Minister, including but not limited to:

• a statement indicating continued compliance with all conditions of licence
• an update on the implementation and spectrum usage within the area covered by the licence
• other information related to the licence as specified in any notice updating the reporting requirements as issued by the Minister

All reports and statements are to be certified by an officer of the company and submitted, in writing, within the time frame set out in the request. Confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.

Reports are to be submitted to the Minister at the following address:

13. Technical considerations and 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.

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.

If this licence pertains to spectrum in the 3900-3910 MHz, it is issued on a no-interference no-protection basis, vis-à-vis adjacent band flexible use operations in the 3650-3900 MHz band.

14. Mandatory antenna tower and site sharing

A licensee that is using this spectrum as a telecommunications common carrier, as defined in the Telecommunications Act, must comply with the mandatory antenna tower and site sharing requirements set out in 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.

15. Mandatory roaming

A licensee that is using this spectrum as a telecommunications common carrier, as defined in the Telecommunications Act, must comply with the roaming requirements set out in 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.

16. Amendments

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

Last revision date: November 14th, 2024.