CPC-2-6-04 — Procedure for the Submission of Applications to Approve the Use of Foreign-Licensed Satellites in Canada

This Client Procedures Circular (CPC) outlines the procedures for obtaining approval to use foreign-licensed space stations (also referred to as satellites or space stations) for communications within Canadian territory, commonly known as market access or landing rights. It outlines the approval process, technical requirements, application procedures, and post-approval obligations for foreign satellite authorizations.

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

The Minister of Innovation, Science and Industry (the Minister) is responsible for spectrum management in Canada, pursuant to the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, while taking into account the Telecommunications Act.

Under section 5 of the Radiocommunication Act, the Minister is authorized to issue radio and spectrum licences, and to establish terms and conditions necessary for 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 has the authority to set fees related to the rights and privileges conferred by a spectrum licence.

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

• space station spectrum licence (see CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences for Space Stations)
• site-approved earth station spectrum licence (see CPC-2-6-01, Procedure for the Submission of Applications for Spectrum Licences and Site Approvals for Earth Stations Requiring Site Approval)
• generic earth station spectrum licence (see CPC-2-6-03, Procedure for the Submission of Applications for Generic Earth Station Spectrum Licences)

ISED also issues approvals for foreign-licensed satellites to operate in Canada (foreign satellite approval), as explained in this CPC.

4.1 Approvals for foreign-licensed satellites

In accordance with Canada's commitments under the General Agreement on Trade in Services – Agreement on Basic Telecommunication Services (GATS-ABT) protocol, foreign space stations are permitted to provide domestic, cross-border and international services.

ISED will issue foreign satellite approvals for the use of spectrum by foreign-licensed satellites operating within the Canadian territory, provided the satellites are authorized by a World Trade Organization (WTO) member administration. Foreign satellites authorized by a non-WTO administration may be considered on a case-by-case basis.

See ISED's List of foreign satellites approved for use in Canada web page.

4.2 Applicable Radio Systems Policies

Applicants seeking approval for foreign fixed-satellite service (FSS) or broadcasting-satellite service (BSS) satellites should refer to Radio Systems Policy RP-008, Policy Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS). Applicants proposing mobile-satellite service (MSS) systems that use FSS frequencies for feeder link spectrum should also refer to annex A of RP-008.

Applicants for foreign MSS satellites should refer to RP-007, Policy Framework for the Provision of Mobile Satellite Service Via Regional and Global Satellite Systems in the Canadian Market.

Applicants intending to offer supplementary mobile coverage by satellite (SMCS) should refer to the Decision on a Policy, Licensing and Technical Framework for Supplemental Mobile Coverage by Satellite and SRSP-103, Technical Requirements for Space Stations providing Supplemental Mobile Coverage by Satellite.

4.3 Application process

Earth stations in Canada are not permitted to communicate with a satellite unless the satellite has been issued a Canadian space station licence or, in the case of a foreign-licensed satellite, has been approved for use in Canada. To enable communication between a foreign-licensed satellite and a Canadian earth station, the satellite operator must first apply for and obtain a foreign satellite approval from ISED before the deployment and operation of any earth station. All satellite systems approved by the Minister must be associated with at least one International Telecommunication Union (ITU) filing.

Applications for the approval to use of a foreign-licensed satellite must be submitted electronically to the Manager, Satellite Authorization Policy (satelliteauthorization-autorisationsatellite@ised-isde.gc.ca), as an MS Word or PDF attachment.

A complete application consists of all the information listed in annex A.

ISED will assess an application and provide one of the following responses:

• Clarification required: The applicant will be advised of what information is required in order to continue the application process. The service standard will be paused until the information is received from the applicant.
• Application accepted: The applicant will be issued an approval and will be added to ISED's List of foreign satellites approved for use in Canada web page.
• Application denied without prejudice: The applicant will receive a notification informing them of their application's denial and outlining the reason(s) for the denial. The applicant may modify and resubmit their application.

6.1 Assessment of applications

Applications for foreign satellite approvals are assessed against the following criteria:

• Authorization: The foreign satellite has been authorized by a WTO member administration.
• International coordination: The foreign satellite network (as defined in article 1.112 of the ITU Radio Regulations) or system has been successfully coordinated via the appropriate ITU procedures and regulations.
• Spectrum allocation and utilization policies: The foreign satellite complies with Canadian spectrum allocation and utilization policies. Applicants should consult the Canadian Table of Frequency Allocations and associated spectrum policy decisions for information on the allocations and utilization policies.

In some cases, ISED may request additional information to complete the evaluation of an application. Applicants will be contacted directly as needed.

Possible exceptions from the above requirements may be considered on a case-by-case basis, such as launch and early orbit phase (LEOP) support. This will be at ISED's discretion and may require the submission of additional technical and operational information to assess the potential risk of harmful interference (for example, length of time that the spectrum is required).

6.2 Coordination with Canadian satellite networks

In the event that a foreign-licensed satellite system or network has not completed international coordination under ITU regulations, ISED requires that coordination be completed with Canadian networks or systems holding a higher regulatory precedence ("date priority") at the ITU. Coordination with Canadian networks or systems is an ongoing condition of the approval to operate in Canada.

Understanding that in some cases coordination maybe an ongoing process, ISED may consider an operational agreement between satellite operators as meeting this requirement. However, ISED's approval will be associated with the terms of that agreement and ISED will require that coordination discussions continue until such time as an agreement is finalized. ISED expects that the foreign satellite operator will request Canadian endorsement of the agreement through its administration as per international coordination procedures.

6.3 Issuance of approval

When ISED finds an application to be acceptable, the foreign satellite approval will be issued immediately. The foreign satellite's commercial name, associated ITU filings, orbital position and authorized frequency ranges will be published on ISED's List of foreign satellites approved for use in Canada web page.

Approvals will include the authorized frequency range(s) and the associated ITU filing(s). Unless stated otherwise, foreign satellite approvals are granted for use across all Canadian territory.

All foreign satellite approvals (FSAs) offering SMCS will be limited to the service areas and frequency blocks owned by the associated mobile service provider, where the provider plans to offer SMCS, as supported by an SMCS Agreement.

There are no fees for foreign satellite approvals.

This section contains additional information regarding approval terms, temporary approvals, developmental approvals, and conditions of approval.

7.1 Approval terms

Except for temporary, developmental and SMCS approvals, foreign satellite approvals do not have an expiration date. Holders of foreign satellite approvals are expected to inform the Department of any changes of operations for the associated satellites.

7.2 Temporary approvals

Temporary approvals can be issued to applicants who will be operating foreign satellites for periods up to 11 consecutive months.

7.3 Developmental approvals

Developmental approvals can be issued to applicants to provide time-limited access to spectrum for research, development, experimentation, or technology demonstration purposes only. Such approvals must not involve any financial gain or revenue and are issued on a no-interference, no-protection basis.

7.4 SMCS approvals

SMCS approvals can be issued with a term aligned with either the associated flexible use spectrum licence term or the termination date of the agreement with the mobile service provider, whichever is earlier.

7.5 Conditions of approval

ISED will apply the general conditions of approval that are listed in annex B. Additional conditions of approval specific to frequencies or circumstances may also be added on a case-by-case basis.

Conditions of approval specific to SMCS are listed in annex C.

Failure to comply with approval conditions may result in the revocation of the approval and associated earth station licence(s).

This section describes various post-approval procedures, including amendments to foreign satellite approvals, cancellation of foreign satellite approvals, and revocation of approvals.

8.1 Amendments

Any changes to the operation of the foreign satellite(s), such as changes in orbital parameters or the use of frequency assignments, must be approved by ISED for the satellite(s) to continue to have market access or landing rights in Canada. Applicants are required to request an amendment to their approval by sending an email to the Manager, Satellite Authorization Policy (satelliteauthorization-autorisationsatellite@ised-isde.gc.ca).

The modification may also require a change to the earth station licence(s). The procedure to amend an earth station licence is found in CPC-2-6-01, Procedure for the Submission of Applications for Spectrum Licences and Site Approvals for Earth Stations Requiring Site Approval, and CPC-2-6-03, Procedure for the Submission of Applications for Generic Earth Station Spectrum Licences.

8.2 Cancellation of foreign satellite approvals

If a foreign satellite has been decommissioned, or no longer requires market access or landing rights in Canada, a request for cancellation must be submitted to ISED by emailing the Manager, Satellite Authorization Policy (satelliteauthorization-autorisationsatellite@ised-isde.gc.ca).

8.3 Revocation of approvals

ISED will notify the satellite operator when it intends to suspend or revoke an approval, and will provide reasons for this decision. The operator 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 satellite operator does not reply within the given period, the approval will be suspended or revoked immediately.

An approval may be suspended or revoked where the satellite operator fails to meet any condition of approval, 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, satellite operators are normally provided a transition period before forfeiting their approvals.

There are no fees associated with foreign satellite approvals.

Although no formal service standard applies to foreign satellite approvals, ISED is committed to provide a response to applications within 126 calendar days.

It is expected that most applications will be treated within this time frame. In those cases where it 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:

• Canadian Table of Frequency Allocations
• CPC-2-6-01, Procedure for the Submission of Applications for Spectrum Licences and Site Approvals for Earth Stations Requiring Site Approval
• CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences for Space Stations
• CPC-2-6-03, Procedure for the Submission of Applications for Generic Earth Station Spectrum Licences
• Department of Industry Act
• List of foreign satellites approved for use in Canada
• Radiocommunication Act
• Radiocommunication Regulations
• RP-007, Policy Framework for the Provision of Mobile Satellite Service Via Regional and Global Satellite Systems in the Canadian Market
• RP-008, Policy Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS)
• SMSE-008-22, Decision on Updates to the Licensing and Fee Framework for Earth Stations and Space Stations in Canada
• SMSE-001-25, Decision on a Policy, Licensing and Technical Framework for Supplemental Mobile Coverage by Satellite
• SRSP-103, Technical Requirements for Space Stations providing Supplemental Mobile Coverage by Satellite
• Telecommunications Act

Acronyms

• CPC: Client Procedures Circular
• RP: Radio Systems Policy
• SMSE: Canada Gazette Notice
• SRSP; Standard Radio System Plan

The request for approval must include the following information.

Applicant:

• Full name and address of the applicant
• Contact name, telephone number, fax number, and email address
• If the applicant is not the satellite operator:
  • Satellite operator name and address
  • Contact name, telephone number, fax number, and email address
  • Describe the nature of the relationship between the applicant and the satellite operator
  • Provide the satellite operator's agreement to submit the application on their behalf

Description of services:

• Provide a description of the nature of the service(s) to be provided by the satellite (e.g. broadband Internet, earth stations in motion, science, earth exploration, data download, telemetry, telecommand and control, etc.), and whether the satellite will communicate with typical earth stations or specific earth stations

Satellite information:

• Provide the commercial name(s) of the satellite(s)
• Provide the name of the administration responsible for the satellite network
• Indicate whether the administration is a member of the World Trade Organization (WTO)
• Attach a copy of the authorization/licence or at a minimum, provide the reference number of the authorization
• Describe the extent and nature of the satellite coverage in Canada; include coverage maps if necessary
• Indicate if the satellite is operational and the remaining life expectancy of the satellite(s) or planned launch date
• For geostationary satellite orbit (GSO) satellites, provide the orbital position of the satellite in degrees West longitude
• For non-geostationary satellite orbit (NGSO) satellites, provide the number of orbital planes, the number of satellites in each orbital plane, the angle of inclination of each orbit, the altitudes (in kilometres) of the apogee and perigee of the satellites, and the name of the associated ITU filing(s)
• For each frequency band, list the exact frequency range(s) that will be used in Canada, the direction of transmission (uplink or downlink), the service(s) (include ITU class of stations), and the associated ITU filing(s)
• For satellites supported by multiple filings, provide a clear description of how each filing relates to the application and include only those filings that support the requested frequencies

ITU filing information:

• Provide the name(s) of the ITU filing(s), and for each, include the ITU publication information identified below:
  • Reference number and publication date(s)
  • ITU satellite filing name(s)
  • Special section reference
  • Special section number
  • Date of receipt of filing by the ITU Radiocommunication Sector (ITU-R) Bureau
  • International Frequency Information Circular (IFIC) number
  • IFIC publication date
  • If the filing information has been submitted to the ITU-R Bureau (BR) and published "As received," provide the submission reference number and the BR registry date in place of the special section information

Coordination:

• List Canadian satellite networks or systems with which coordination is required, and for each provide a summary of coordination activities and/or agreement(s) with the Canadian satellite operator(s), including any current or proposed operating conditions.

Earth stations:

• Provide the parameters of typical earth stations that will operate in Canada (this information is not required if the satellite information is submitted in support of an application to license specific earth stations only)
• For specific earth stations, provide the location(s)

For SMCS:

The following provisions of the SMCS Agreement with the associated mobile service provider must be submitted to ISED as part of the application:

• the associated flexible use spectrum licence numbers;
• the specific frequency blocks and areas (which must be part of the mobile service provider's spectrum holdings) where SMCS will be offered;
• the provision stating that the agreement is not exclusive;
• any provisions addressing responsibilities with respect to interference management, coordination, and compliance with technical rules;
• any provisions related to measures required to facilitate compliance with the SMCS earth station spectrum licence conditions;
• any other aspects dealing with spectrum management; and,
• the signature page, and expiry date of the agreement

For space debris mitigation plans:
NGSO systems are required to attest that they have a space debris mitigation plan and indicate whether the plan was required by the NGSO's licensing administration. ISED may require applicants to submit their space debris mitigation plan for information, at their own discretion.

1. The use of the spectrum assigned in this authorization is subject to and must comply with the International Telecommunication Union (ITU) Radio Regulations, and Canada's Radiocommunication Act, Radiocommunication Regulations, and spectrum utilization policies pertaining to the approved radio frequency bands in Canada, as amended from time to time.

2. Satellite systems/networks that have been successfully coordinated with Canada but not yet notified with the ITU are approved for use on a no-interference, no-protection basis with respect to other foreign satellite systems/networks for which international coordination is not completed.

3. Where international coordination between the satellite system/network and other foreign satellite systems/networks that have been approved for use in Canada is incomplete, any resolution of interference is the responsibility of the satellite operators.

4. This approval does not relieve the satellite operator from coordination obligations with respect to existing and future Canadian and international satellite systems/networks.

5. If applicable, the rules for use of foreign satellite networks for the transmission of direct-to-home broadcasting services in Canada are set out in annex B of Radio Systems Policy RP-008, Policy Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS).

General conditions listed in Annex B of this document apply for all foreign satellite approvals. In addition, the following conditions apply for foreign satellite approvals authorizing the provision of SMCS.

1. Transferability: The approval is non-transferrable in whole or in part and cannot be divided or subordinated.
2. SMCS Agreement: The satellite operator must maintain a valid SMCS Agreement, as defined in the Decision on a Policy, Licensing and Technical Framework for Supplemental Mobile Coverage by Satellite, with an earth station licensee that is a mobile service provider.
3. Service Area: This approval applies only in the areas as set out in the frequency conditions on the approval. Provision of SMCS is only permitted in frequency bands and service areas listed in the SMCS Agreement and where mobile service provider that is party to the agreement holds valid flexible use licences.
4. Service in Canada: The satellite operator must maintain the capability to implement mitigation techniques at the direction of the mobile service provider that is party to the SMCS Agreement.
5. No interference, no-protection: Space stations providing SMCS in Canada are authorized to operate on a no interference, no protection basis in accordance with No 4.4 of the ITU Radio Regulations and the Canadian Table of Frequency Allocations.
   Should the operation of a space station providing SMCS cause harmful interference to any station operating in accordance with the Canadian Table of Frequency Allocations and for which its frequency assignments are not filed under No. 4.4 of the ITU Radio Regulations, the satellite operator must immediately take steps to mitigate the interference, including, if necessary, ceasing the operations of their interfering space station. Where interference issues arise between foreign satellites that have been approved for use in Canada, any resolution of interference is the responsibility of the satellite operators.
   Interference resolution is also the joint responsibility of the satellite operator and the mobile service provider that are parties to the SMCS Agreement. The satellite operator must ensure that it maintains the capability to implement mitigation techniques at the direction of the partner mobile service provider.
6. Contact information: The satellite operator must provide ISED with a contact that is available 24 hours a day, 7 days a week, to address any issues related to harmful interference.
7. Reporting requirements: The satellite operator is required to promptly notify ISED of any changes to their contact information. Additionally, the satellite operator must also notify ISED when the SMCS Agreement is terminated or substantially modified.
8. Termination: The approval terminates at the earliest of: the end of specified term; the termination of the SMCS Agreement; or if the mobile service operator who is party to the SMCS Agreement in Canada no longer holds a valid generic earth station spectrum licence in the relevant licence areas and/or frequency blocks.

The following frequency bands are allocated to the mobile-satellite service (MSS) on a secondary basis for the provision of SMCS:

Band / Direction

617-652 MHz / space-to-Earth

663-698 MHz / Earth-to-space

698-716 MHz / Earth-to-space

716-728 MHz / space-to-Earth

728-746 MHz / space-to-Earth

746-756 MHz / space-to-Earth

777-787 MHz / Earth-to-space

824-849 MHz / Earth-to-space

869-894 MHz / space-to-Earth

1710-1780 MHz / Earth-to-space

1850-1915 MHz / Earth-to-space

1930-1995 MHz / space-to-Earth

2110-2180 MHz / space-to-Earth

In addition, the use of these bands by stations in the mobile-satellite service shall comply with the relevant spectrum policies, as well as and the technical and operational rules for SMCS. It should not cause harmful interference to, nor seek protection from stations of other licensed radiocommunication systems.