CPC-2-1-23 — Licensing Procedure for Spectrum Licences for Terrestrial Services

The radio frequency spectrum is a natural resource managed for the benefit of all Canadians.

Innovation, Science and Economic Development Canada (ISED) endeavours to provide access to this resource with minimal administrative burden while ensuring the efficient use of the radio frequency spectrum.

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. As such, the Minister is responsible for developing national policies for spectrum utilization and ensuring effective management of the radio frequency spectrum resource. Under the Radiocommunication Act, the Minister may issue spectrum licences, which permit the use of specified radio frequencies within a defined geographic area, and may fix or amend the terms and conditions of any such licence.

Spectrum licences benefit both the government and licensees by reducing the administrative burden associated with licensing individual radio apparatus. All spectrum licences are authorized by geographic area(s) and frequencies or frequency block(s). Spectrum licensees are responsible for ensuring that their radiocommunication networks are properly planned and coordinated prior to operation.

ISED issues spectrum licences to authorize the use of a specific frequency/frequencies or frequency block(s) within a defined geographic area(s) under certain minimal conditions. Once authorized, licensees are permitted to establish and modify their radiocommunication networks, while adhering to the conditions of the spectrum licence.

Licensing policies are constantly adapting to changes in radiocommunication in order to respond effectively to the evolving competitive environment and user needs. A number of licensing mechanisms are available to ISED to assign frequencies, such as a first-come, first-served (FCFS) approach or a competitive licensing process (i.e. the use of auctions or the use of a comparative review).

4.1 Eligibility

Spectrum licences may be issued to persons or entities eligible to be issued radio licences under the Radiocommunication Regulations. It should be noted that persons or entities that own or operate wireless transmission facilities and that provide telecommunications to the public for compensation or broadcasting services are also subject to regulation by the Canadian Radio-television and Telecommunications Commission (CRTC) under the Telecommunications Act and the Broadcasting Act.

The remainder of this document sets out a framework outlining ISED's approach to the management of spectrum licensing. Non-competitive local licensing spectrum licences, as established 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, are managed under a separate framework.

5.1 Service areas

ISED has developed a five-tier service area structure for spectrum licences, as follows:

• Tier 1: a single national service area
• Tier 2: eight provincial and six large regional service areas in Ontario and Quebec
• Tier 3: 59 smaller regional service areas
• Tier 4: 172 localized service areas
• Tier 5: 654 smaller localized service areas

All tiers are based on spectrum grid cells. Details are available on ISED's Service areas for competitive licensing web page.

While the tier system provides a standardized scheme for describing geographic licence areas, ISED recognizes that there may be occasions when service areas are more appropriately defined in consultation with the applicant. This is more likely to occur in the radio frequency bands that are licensed on an FCFS basis with no predefined geographic service areas. ISED will identify these unique service areas on its Spectrum management and telecommunications website.

The spectrum grid cell concept has also been used in the FCFS licensing process. Applicants determine their service area, which is mapped as closely as possible to the spectrum grid cells. ISED then licenses these applicants for the areas covered by the matching spectrum grid cells.

5.2 Licence fees

The Minister, pursuant to section 19 of the Department of Industry Act, fixes fees for spectrum licences issued pursuant to paragraph 5(1)(a) of the Radiocommunication Act. Fees set under section 19 of the Department of Industry Act are different from fees set under section 20, in that they are not subject to the limitations outlined in subsection 20(2), which restricts fees to an amount sufficient to compensate the Crown for the provision of regulatory processes or approvals.

Spectrum licence fees are part of the overall spectrum management regulatory scheme, which supports the efficient use of spectrum by licensees. Cost recovery is not an objective of the Spectrum Policy Framework for Canada and is not a legislative requirement under the Department of Industry Act for radio and spectrum licences. As such, spectrum and radio licence fees may exceed cost recovery where fees are used to aid in the overall scheme of spectrum management.

Licences assigned through a system of competitive bidding (such as an auction) are not subject to fees. However, all licences allocated through any other process are subject to applicable fees; this includes licences assigned through a renewal process at the end of the initial term following assignment through an auction. With respect to spectrum licences issued through a spectrum auction, the winning bids established as a result of auction rules made pursuant to subsections 5(1.1), 5(1.2), 5(1.3) and 5(1.4) of the Radiocommunication Act are accepted in lieu of fees for the auctioned term of the licence.

Prior to fixing a fee, ISED normally holds a public consultation with all interested parties and the general public to enable a review and discussion of the proposed fee. Fees are adjusted annually in accordance with the Service Fees Act.

5.3 Licence renewal

At the end of the licence term, which is determined through public consultation, licensees will normally be issued new licences following a renewal process unless one of the following situations takes place:

• a licensee is not meeting their conditions of licence
• a fundamental reallocation of spectrum to a new service is required
• an overriding policy need arises

Section 40 of the Radiocommunication Regulations, regarding the assignment of frequencies, continues to apply. It is important to note that the Minister, pursuant to this regulation, would reallocate spectrum only under certain circumstances, taking into consideration whether licensees have complied with the conditions of licence, have made large investments in infrastructure and/or are serving an established client base. If a reallocation were contemplated, it would take place only after a public consultation.

Licences issued after renewal typically include new conditions of licence and new applicable fees as defined in section 5.2 above.

It should be noted that spectrum licences are subject to relevant provisions in the Radiocommunication Act and the Radiocommunication Regulations. For example, the Minister continues to have the power to amend the terms and conditions of spectrum licences (as per paragraph 5(1)(b) of the Radiocommunication Act). Such powers would normally be exercised on an exceptional basis and only after consultation.

5.4 Environmental process, radio frequency fields and land-use consultation

ISED recognizes the importance of considering the potential impact of antennas and their supporting structures on their surroundings. As such, ISED has instituted the procedures outlined in Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time. Spectrum licensees must ensure that they meet all of these requirements.

5.5 Air navigation obstruction clearance and marking

Spectrum licensees must ensure that antenna structures are marked in accordance with the recommendations of Transport Canada. They must also obtain aeronautical clearance from Transport Canada, as per the procedures outlined in CPC-2-0-03.

5.6 Transfer or division of spectrum licences and subordinate licensing arrangements

Spectrum licences are a subset of radio authorizations that may be issued at the discretion of the Minister through various licensing processes. In order to meet the policy goals of the government, the spectrum licences assigned under the different licensing processes may not have the same privileges. One such privilege is that of the enhanced transferability and the divisibility rights accorded to most spectrum licences. These spectrum licences may be transferred in whole or in part (either in geographic area or in bandwidth) to a third party, subject to the conditions stated on the licence and review and approval by ISED, as set out in this document and in other regulatory requirements. The Minister has the authority to consider any and all matters deemed relevant to the request for a transfer, and to grant the transfer as requested, to fix additional terms and conditions, or to refuse the transfer.

Under the Radiocommunication Act, any use of spectrum must be authorized by the Minister. Where any person acts in a manner that is contrary to the provisions outlined in section 5.6 of this document, such that they enter into agreements, arrangements or understandings to use, or impact the use of, spectrum without being authorized to do so by the Minister as outlined in this document, they will be considered to be acting in breach of the conditions of licence, contrary to the Radiocommunication Act and will be subject to the enforcement provisions set out in that Act.

5.6.1 Definitions

The following definitions are adopted for, and are applicable to, section 5.6 of this document.

Affiliate

An entity is an Affiliate of any other entity where it controls or is controlled, directly or indirectly, by the other entity, or is controlled, directly or indirectly, by any entity that also controls the first entity.

Agreement

Where the word Agreement is used in section 5.6, it includes all forms of agreements, arrangements, commitments and understandings.

Applicants

Applicants to a Transfer Request include the current licensee and the proposed Transferee(s). In the case of a Deemed Transfer, the term Applicants includes, in addition to the licensee, the entity taking Control of the Licence or Control of the Licensee or Affiliate, and, in the case of a Prospective Transfer, the entity to which the future Licence Transfer would be made.

Control of a Licence

A Licence is controlled by any party that, directly or indirectly, has the power or ability, whether exercised or not, to determine or influence the use of all or part of the licensed spectrum or the disposition of all or part of the Licence. ISED will consider, among other matters, the degree of control exercised by entities acting in concert with each other in assessing the Control of a Licence. More than one entity at a time may exercise Control of a Licence.

Control of a Licensee or Affiliate

An entity has Control of a Licensee or Affiliate when it has the power or ability, directly or indirectly, whether exercised or not, to determine or decide the strategic decision-making activities of the Licensee or Affiliate or to manage and run its day-to-day operations, including, but not limited to, Control of a Licence. Control may be demonstrated by ownership interests or through other means. Where an entity beneficially owns more than 20% of the voting shares (or if there are no voting shares but an entity beneficially owns a greater than 20% stake in the ownership interests of a Licensee or Affiliate) that entity will be presumed (subject to rebuttal) to have Control of a Licensee or Affiliate. Control may be demonstrated by an examination of a number of factors, including ownership interests, relationships and Agreements between the relevant parties and/or the ability to exercise influence. ISED will also consider the degree of control exercised by entities acting in concert with each other. More than one entity at a time may exercise Control of a Licensee or Affiliate.

Deemed Transfer

Any immediate change to the Control of a Licence or Control of a Licensee or Affiliate that can be effected without making a Transfer Request, including a change made through the granting of any full or partial right or interest in a Licence through an Agreement. Arrangements for strategic alliances, joint ventures and similar understandings may result in a change in the Control of a Licence.

Licence

The term Licence in this section includes spectrum licences and Subordinate Licences.

Licence Transfer

A transfer of any Licence, including a division of a Licence, the granting of a Subordinate Licence, or a Deemed Transfer.

Primary Licence

A Licence issued by the Minister under paragraph 5(1)(a) of the Radiocommunication Act that is not a Subordinate Licence and therefore is not conditional on another Licence.

Prospective Transfer

A Licence Transfer (contemplated by an Agreement with another commercial mobile band licence holder, including any Affiliate, agent or representative of the other licence holder) that is to be or may be completed or that will take effect at a future date, whether or not the date is specified.

Transferee

The party to whom the Licence will be transferred.

Transfer Request

In this section, a Transfer Request includes any request to transfer a Licence, to grant a Subordinate Licence, or to divide a Licence that will result in the issuance of a new Licence, if approved.

Subordinate Licence

A Licence issued by the Minister under paragraph 5(1)(a) of the Radiocommunication Act that is related to a Primary Licence and is conditional on the primary licensee meeting all regulatory requirements, including the terms and conditions of the licence.

5.6.2 Transfers and divisions of spectrum licences: Conditions and guidelines

This section applies to all Licence Transfers and Prospective Transfers, which will be subject, as applicable, to the following conditions and guidelines.

1. All eligibility criteria and other conditions that apply to a Licence (including those related to interference management) will continue, as applicable, when the Licence is transferred.
2. The Transferee must meet the applicable eligibility criteria outlined in the Radiocommunication Regulations.
3. The Transferee will only receive a licence term equal to that remaining on the original Licence, but will be eligible for the same licence renewal provisions granted to the original licensee.
4. All proposed Licence Transfers and Prospective Transfers must comply with existing policies.
5. Licences will be divisible in the geographic dimension; however, the minimum geographic size of the new divisions may be one spectrum grid cell or a portion of a Census Dissemination Area.
6. ISED will, under certain circumstances, allow for the disaggregation and divisibility of spectrum licences. In general, no minimum limit will be imposed on the amount of spectrum that can be transferred in the bandwidth dimension. However, limits may occasionally be required on the minimum amount of spectrum that can be transferred in order to respect band channelling plans or other policy needs.
7. Licensees must apply to ISED for all Licence Transfers and Prospective Transfers. Applications must include a declaration from all interested parties that the points listed in section 5.6.2 of this document (i.e. compliance with the eligibility criteria and other conditions of licence) have been satisfactorily addressed. See annex A for a sample Application for a Spectrum Licence Transfer or Division.
8. In addition to the provisions noted above, section 5.6.4 below will apply to all Licence Transfers and Prospective Transfers in commercial mobile spectrum bands. Applications for Licence Transfers and Prospective Transfers in such bands must also include all necessary material addressing the criteria outlined in that section.
9. ISED maintains a publicly accessible database listing all Licences and respective licensees, and will update the database following each completed Licence Transfer.
10. ISED will normally publish a summary of its decisions with respect to Licence Transfers and Prospective Transfers in the commercial mobile spectrum bands.
11. Applicants are required to provide any and all relevant documentation based on the above considerations and the criteria and considerations set out in section 5.6.4.3, as applicable, and will be invited to make submissions along with the application in order to permit ISED to review Licence Transfers and Prospective Transfers in a timely fashion. ISED may request further documents or information at any time prior to completing its review. Such information may relate to Applicants' current deployment levels, the planned use of the spectrum and/or existing and anticipated capacity constraints.
12. Information relating to applications for Licence Transfers and Prospective Transfers will be treated confidentially by ISED, subject to the requirements of the Access to Information Act, until such time as either:
    1. ISED publishes a summary of the relevant decision
    2. the Applicants release the information publicly
13. Parties that are contemplating entering into Agreements related to Licence Transfers and Prospective Transfers may seek informal, non-binding advice from ISED prior to doing so. ISED may provide this advice in circumstances it deems appropriate. Information submitted in the course of obtaining this advice will be treated as confidential, subject to the provisions of the Access to Information Act, and no information related to these requests will be published.

5.6.3 Subordinate licensing

A Subordinate Licence allows for more efficient use of spectrum by permitting licensees to enter into Agreements that allow another party to operate within the licence area, using the licensed spectrum or a portion of their frequency or geographic area without having to completely transfer their spectrum licence(s).

ISED notes that parties using spectrum that is licensed to another party by virtue of spectrum sharing or other similar Agreements are required to seek a Subordinate Licence from ISED, under the terms set out herein.

Primary licensees may apply to ISED jointly with another party in order to request a Subordinate Licence. The request would then be reviewed and, subject to ISED's satisfaction with the application, the request would be approved and the third party would be issued a Subordinate Licence. The Subordinate Licence would include a subset of the Primary Licence conditions, as well as additional terms and conditions that may vary from those of the Primary Licence. The Primary Licence and Subordinate Licence would both exist at the same time.

A request for a Subordinate Licence for commercial mobile spectrum will also be subject to the requirements outlined in section 5.6.4 below. Requests for Subordinate Licences in those bands must also include material addressing the criteria outlined in that section.

ISED will continue to maintain a publicly accessible database that lists all Licences.

In general, the issuance of a Subordinate Licence will be subject to, but not limited to, the following conditions and guidelines.

1. The Subordinate Licence cannot exceed the authorization granted by the Primary Licence in any respect (e.g. licence term, service area and/or frequencies) and does not constitute a transfer of the Primary Licence.
2. The party to whom a Subordinate Licence will be issued (the subordinate licensee) must meet the applicable eligibility criteria, as outlined in the Radiocommunication Regulations.
3. The Subordinate Licence term can be for a term of less than or equal to the duration of the Primary Licence. The term for which a Subordinate Licence is being sought must be clearly specified in the application. The Subordinate Licence will expire on the earliest of:
   1. the expiration or revocation (by ISED) of the Subordinate Licence
   2. the expiration or revocation of the Primary Licence
   3. the date that the Primary Licence and Subordinate Licence holders have notified the Minister for which they wish the Licence to be revoked with consent
4. Subordinate Licence conditions may vary, depending on applicable policies and technical requirements. However, in general, they will be subject to, but not limited to, the following conditions and guidelines:
   1. aggregation limits
   2. eligibility
   3. international and domestic coordination agreements
   4. compliance with Health Canada's limits with respect to radio installations and operation (see Safety Code 6)
   5. lawful interception requirements
   6. applicable Spectrum Utilization Policies (SPs) and technical standards
   7. the provision of technical information
   8. tower sharing (for telecommunication common carriers)
5. Subordinate Licences are not divisible or transferable.
6. The Subordinate Licence is conditional on the primary licensee meeting all regulatory requirements, including the terms and conditions of the Licence. If ISED is considering renewal, suspension or revocation of the Primary Licence, the subordinate licensee will also be served notice and provided an opportunity to reply prior to a suspension, non-renewal or revocation of both licences under subsection 5(2) of the Radiocommunication Act.
7. The primary licensee will retain the responsibility for international or domestic coordination requirements, including operator-to-operator agreements on spectrum sharing. The primary licensee should involve the subordinate licensee in any coordination agreements impacting areas for which the subordinate licensee holds a Licence. The subordinate licensee will be required to abide by the terms and technical requirements and parameters set out in these Agreements, as part of the terms and conditions of the subordinate authorization. In the event that there are changes to coordination agreements, the primary licensee must notify the subordinate licensee(s), who would then have to abide by any new or amended terms and conditions.
8. Where implementation of spectrum usage requirements exist, the responsibility of being in compliance rests with the primary licensee. Implementation by the subordinate licensee will count toward meeting the primary licensee's responsibilities, and should be reported accordingly to ISED.
9. Where research and development (R&D) requirements exist, the responsibility of being in compliance rests with the primary licensee. The adjusted gross revenue resulting from operations of the primary and subordinate licensees' spectrum will be used in calculating the R&D investment requirement of the primary licensee. The R&D investment made by the subordinate licensee can be counted towards the primary licensee's R&D requirement, and should be reported accordingly to ISED.
10. Where a displacement and transition policy exists, either the primary licensee or the subordinate licensee may invoke the transition policy provisions; however, a subordinate licensee must notify the primary licensee of any displacement request submitted to ISED.
11. ISED's approval is required for all proposed Subordinate Licences. ISED may also request attestations or other documentation to ensure that the above requirements (e.g. compliance with the eligibility criteria and other conditions of licence) have been satisfactorily addressed. A sample Application for a Subordinate Licence is provided in annex C, which indicates the information ISED requires.
12. The Minister has the authority to grant Primary Licences and Subordinate Licences and to fix or amend their terms and conditions. In doing so, the Minister may take into consideration not only the joint application, but also all other relevant matters.
13. ISED will contact the primary licensee directly for non-compliance issues of the Primary Licence conditions and the subordinate licensee directly for non-compliance issues of the Subordinate Licence conditions. ISED also has the authority to contact either the primary or the subordinate licensee regarding compliance issues and, if necessary, to revoke or suspend the Primary Licence and/or the Subordinate Licence, in accordance with the Radiocommunication Act.
14. When a Primary Licence is being considered for renewal, a joint application may be submitted to ISED to request the renewal of the Subordinate Licence at the same time.
15. ISED will not take a role in negotiating, reviewing or enforcing any Agreement undertaken by the subordinate and primary licensees.

5.6.4 Commercial mobile spectrum

This section incorporates decisions set out in DGSO-003-13, Framework Relating to Transfers, Divisions and Subordinate Licensing of Spectrum Licences for Commercial Mobile Spectrum.

5.6.4.1 Policy objective

ISED has developed this section in order to support the government's policy objective to maximize the economic and social benefits that Canadians derive from the use of the radio frequency spectrum resource, including the efficiency and competitiveness of the Canadian telecommunications industry, and the availability and quality of services to consumers.

The intent of this section is to provide guidance to licensees as to how Licence Transfers and Prospective Transfers will be reviewed, as well as to introduce additional conditions of licence regarding the transfer of control of Licences, all with an eye to managing the spectrum resource for the benefit of Canadians as per the policy objective outlined above.

5.6.4.2 Scope of application

This section applies only to Licences issued for commercial mobile spectrum. Currently, commercial mobile services include the following:

• Cellular, Personal Communications Services (PCS)
• Cellular (Cell) – 800 MHz band
• Advanced Wireless Services (AWS) in the AWS-1, AWS-3 and AWS-4 bands
• Broadband Radio Service (BRS) – 2500 MHz
• Wireless Communication Services (WCS) in 2300 MHz
• Mobile Broadband Services (MBS) – 700 MHz band
• Flexible Broadband Service (FBS) in the 600 MHz, 3500 MHz, and 3800 MHz bands

As new spectrum is allocated for commercial mobile services, the provisions in this section will apply to Licences issued in those bands as well.

The Minister may, in the future, impose the terms or specific conditions of licence regarding Licence Transfers and Prospective Transfers to Licences in frequency bands or services not discussed within this section.

5.6.4.3 Criteria and considerations

In making its determination as to the impact of a Licence Transfer or Prospective Transfer on the policy objective noted above, ISED will analyze, among other factors, the change in spectrum concentration levels (i.e. the amount of spectrum controlled by the Applicants in comparison to that held by other licensees) that would result from the Licence Transfer or Prospective Transfer. In each case, ISED will examine the ability of the Applicants and other existing and future competitors to provide services, given the post-transfer concentration of commercial mobile spectrum in the affected licence area(s).

As part of the determination described above, ISED will normally take into account the following factors:

1. the current licence holdings of the Applicants and their Affiliates in the licensed area
2. the overall distribution of licence holdings in the licensed spectrum band and commercial mobile spectrum bands in the licensed area
3. the current and/or prospective services to be provided and the technologies available using the licensed spectrum band
4. the availability of alternative spectrum that has similar properties to the licensed spectrum band
5. the relative utility (e.g. above and below 1 GHz) and substitutability of the licensed spectrum and other commercial mobile spectrum bands in the licensed area
6. the degree to which the Applicants and their Affiliates have deployed networks and the capacity of those networks
7. the characteristics of the region, including urban/rural status, population levels and density, or other factors that impact spectrum capacity or congestion
8. any other factors relevant to the policy objective outlined in section 5.6.4.1 above that may arise from the Licence Transfer or the Prospective Transfer

In cases of requests for Subordinate Licences pursuant to Agreements, ISED will also consider the nature of the Agreement and the planned use of the spectrum by each of the Applicants.

ISED will examine the licence holdings of the Applicants, both within the licensed spectrum band and across commercial mobile spectrum bands, in the relevant licence area(s). All Licences held by the Applicants and their Affiliates will be considered in the analysis of the Licence Transfer or the Prospective Transfer. Additionally, ISED will consider other access to spectrum through any Agreements, including spectrum involved in a Deemed Transfer, as well as any pending transfers (including Licence Transfers that are currently under consideration or that may result from a Prospective Transfer).

While ISED will examine all Licence Transfers and Prospective Transfers, those generally considered as having negligible or no impact (such as Licence Transfers made solely to effect an internal reorganization) will normally be approved.

Where a Licence Transfer or a Prospective Transfer involves more than one Licence, ISED may approve the transfer of only some of the Licences requested and deny others.

5.6.4.4 Deemed transfers

Before any Agreement implementing a Deemed Transfer takes effect, parties to the Agreement must submit an Application for a Spectrum Licence Transfer or Division (see annex A for a sample) to ISED for approval of the Deemed Transfer. The application will be reviewed by ISED against the criteria set out in section 5.6.4.3 above.

Where a Deemed Transfer is approved, ISED will provide written confirmation to the parties that the Licence remains valid, accounting for the change in Control of a Licence or Control of a Licensee or Affiliate. Where a Deemed Transfer is rejected, ISED will provide written confirmation of its decision. The licensee will be in breach of its conditions of licence if it implements a Deemed Transfer that has not been approved.

5.6.4.5 Prospective transfers

The licensee must apply in writing to ISED for a review of the Prospective Transfer within 15 days of entering into any Agreement involving a Prospective Transfer.

ISED will review the Prospective Transfer against the criteria set out in section 5.6.4.3 above. For the purposes of the review, the Prospective Transfer will be evaluated as though the future Licence Transfer arising from the relevant Agreement has been made.

Upon completing its review, ISED will provide the licensee with a decision indicating that either the Prospective Transfer provided for in the Agreement meets the policy objective set out in section 5.6.4.1 above, or that the Prospective Transfer does not meet the objective. Where ISED has issued a decision indicating that the Prospective Transfer does not meet the policy objective, it will be a breach of the licensee's conditions of licence to remain in any Agreement that provides for the Prospective Transfer for a period of more than 90 days from the date of the decision.

Any Licence Transfer resulting from an Agreement reviewed under this section will require a separate application to ISED at the time when the parties wish to make the transfer. At that time, the Licence Transfer will be reviewed, as set out in section 5.6.

5.6.4.6 Timelines

Under normal circumstances, departmental reviews of Transfer Requests, Deemed Transfers and Prospective Transfers will normally be completed within 12 weeks from the time of receipt of all required information. This timeline may vary due to requests for further information, where the Applicants require additional time to respond to specific concerns raised or where the complexity of the issues raised in the course of a review demands a longer period of time in order to consider the effects of the Licence Transfer or the Prospective Transfer.

5.7 Returned spectrum licences

When a licensee returns a spectrum licence to ISED, the Department will make the associated spectrum available to the public in a timely manner so that it can be used to produce benefits for all Canadians. The spectrum will not be withheld, except when specific policy issues advocate for this decision.

ISED will publicly announce the availability of the spectrum, which may include posting a notice on ISED's Spectrum management and telecommunications website. The notice will call for expressions of interest so that the demand for the spectrum can be determined. Based on the demand, the appropriate subsequent licensing mechanism will be determined. If there is sufficient spectrum to meet the demand, ISED will either organize a residual auction or use its FCFS process. If the demand is greater than the spectrum available, or where there is a need to pursue certain telecommunications policy objectives, a competitive licensing process will be used.

ISED normally consults to establish the policy framework and the design of a competitive licensing process. The two types of competitive licensing are:

1. the use of auctions
2. the use of a comparative review

More information on the competitive licensing process can be found in the Spectrum Policy Framework for Canada.

In order to remain current on spectrum availability, interested parties are encouraged to consult ISED's website on a regular basis. The spectrum licence information will list the spectrum blocks available, the geographic areas in which this spectrum can be used and the applicable licence conditions.

5.8 Coordination, coexistence agreements and boundary conditions

All spectrum licence holders are responsible for ensuring that installation(s) or modification(s) of their radio system(s) do not cause harmful interference. In order to protect existing licensed radio stations from interference, spectrum licensees are required to coordinate with co-channel, interstitial and adjacent channel operators authorized within the same or adjacent geographic areas in Canada prior to operating a new or modified system that has the potential to cause interference. Spectrum licence holders are also subject to applicable international coordination agreements, as well as arrangements between Canada and the United States or other foreign administrations.

For each radio frequency band or service where spectrum licensees have a responsibility for carrying out domestic and/or international coordination, ISED will outline, as appropriate, guidelines or procedures. This may include a requirement for the submission of certain information, to be collected for the purpose of maintaining a public database that contains site-specific information on radio installations.

5.9 Coexistence agreements

Licensees are encouraged to enter into mutually beneficial coexistence agreements with neighbouring radio system operators in order to foster efficient spectrum use near common geographic service boundaries and at adjoining band edge frequencies. It is intended that such agreements will result in shared use by spectrum licensees of the zones along the perimeters of the authorized geographic area(s) and of the frequency block(s) edges on an equal basis, without prejudice to future operators.

5.10 Boundary conditions

ISED plans to determine boundary conditions for various radiocommunication services in order to assist applicants in defining their geographic area(s) requirement(s) and to provide licensees with a starting point to coordinate and negotiate mutually beneficial coexistence agreements. ISED also plans to consult with industry representatives to establish typical minimum operating levels required for various services.

The boundary conditions will be consistent with applicable Radio Standards Specifications (RSSs) and Standard Radio System Plans (SRSPs), which also address spurious emissions and frequency tolerances. Applicable SRSPs may also provide for band edge protection, field strength limits at the edge of licensed geographic areas, and frequency coordination and reuse limitations. Other conditions may also be considered, such as prescribing the acceptable types of radio antennas to be used.

In cases where applicants are unsuccessful in concluding coexistence agreements with other co-channel licensees, the boundary condition will be used as the basis for dispute resolution. ISED's involvement in such situations will be restricted to dispute arbitration and, under such circumstances, will require additional technical information from spectrum licence holders.

5.11 Submission of technical information

Licensees must meet the requirements for the submission of technical information associated with radiocommunication installations (site data), as set out in CPC-2-1-30, Technical Information Associated with Radiocommunication Installations, as amended for time to time.

5.12 Filing requirements

Filing requirements for spectrum licence applicants participating in a competitive licensing process will be described during that process. Applicants for a spectrum licence participating in an FCFS licensing process may submit their applications to any ISED district office. Required information includes, but is not limited to, the following:

• a narrative explaining the proposed radiocommunication system and service
• if this is a commercial service, the company's ownership and control structure
• the name and address of the applicant
• a list of frequencies or frequency block(s) being applied for
• a map(s) clearly showing the proposed geographic or service area

Applicants must certify that they have read and both understand and comply with the requirements of holding a spectrum licence, including all conditions of licence applicable to the radio service, which include but are not limited to:

• the eligibility requirements of the Radiocommunication Regulations
• the marking of antenna structures as required, in accordance with the recommendations of Transport Canada
• compliance with authorization procedures for antenna supporting structures, as outlined in CPC-2-0-03
• compliance with the terms and conditions of international coordination agreements
• compliance with the requirements of applicable SPs, RSSs and SRSPs

See annex B for a sample Application for a Spectrum Licence.

5.13 Conditions of licence

Licence conditions for a spectrum licence may vary, depending on applicable policies and technical requirements. However, licence conditions will generally address the following:

• eligibility requirements as set out in the Radiocommunication Regulations
• assurances that radiocommunication installations are installed and operate in a manner that complies with Health Canada's limits of human exposure to radio frequency fields for the general public
• antenna structures are marked in accordance with Transport Canada's recommendations
• all requirements prescribed in CPC-2-0-03, as well as for existing broadcasting installations
• radiocommunication installations are installed and operate in a manner that complies with technical boundary and out-of-band emission conditions, as specified by ISED
• requirements related to roaming and/or antenna tower and site sharing, as 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
• compliance with international coordination requirements and procedures
• assistance in the resolution of radio interference problems that may arise due to station operations, including the provision of technical information, making arrangements to conduct tests, and using techniques to isolate interfering signals
• requirements related to the submission of technical information, as set out in CPC-2-1-30
• compliance with appropriate terms and conditions for the radio frequency band or applicable radio service
• compliance with applicable SPs, SRSPs and RSSs
• application for any Licence Transfer or Prospective Transfer
• roll-out requirements

Part 1: Information to be completed by existing licensee

1.1 Licensee name:

1.2 Contact information

Address (street, PO box, etc.):
City/town:
Province:
Postal code:
Telephone number:
Fax number:
Email address:

1.3 Licence account number:

1.4 Summary of licence(s) to be transferred or divided:

1.5 Map enclosed (required for partitioning):   □ Yes □ No

1.6 Proposed date of transfer or division:

1.7 Information attached related to section 5.6.4.3 of Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services (commercial mobile spectrum only)

1.8 Authority

I certify that I am an authorized representative of the above-named licensee and that the information stated in Part 1 of this application is true and correct.

Date of signature (dd/mm/yyyy):

Signature of applicant or individual authorized to sign for the licensee:

Name of applicant or individual authorized to sign for the licensee (please print clearly):

Title of person:

Part 2: Information to be completed by the proposed Transferee

2.1 Name:

2.2 Contact information

Address (street, PO box, etc.):
City/town:
Province:
Postal code:
Telephone number:
Fax number:
Email address:

2.3 Consent and authority

I certify that I am an authorized representative of the above-named proposed Transferee and that the information stated in Part 2 of this application is true and correct.

I certify that I have read and that I understand the contents of the eligibility criteria, as set out in the Radiocommunication Regulations, and that I comply with these requirements. I will comply with the criteria on an ongoing basis and will notify the Minister of Innovation, Science and Industry of any change that would have a material effect on my eligibility. Such notification will be made in advance of any proposed transactions within my knowledge.

I certify that I understand the use to which the radio frequencies that are the subject to the spectrum licence(s) may be employed.

I certify that I have read and that I understand all the conditions of licence that continue to apply to the spectrum licence(s), and I certify that I will comply with these conditions.

I also understand that Innovation, Science and Economic Development Canada may require additional information for the review of the proposed transfer.

Date of signature (dd/mm/yyyy):

Signature of applicant or individual authorized to sign for the proposed Transferee:

Name of applicant or individual authorized to sign for the proposed Transferee (please print clearly):

Title of person:

1. Applicant name:

2. Contact information

Address (street, PO box, etc.):
City/town:
Province:
Postal code:
Telephone number:
Fax number:
Email address:

3. Language preference:   □ English □ French

4. Applicant classification:   □ Individual □ Corporation □ Partnership □ Joint venture □ Other

5. Spectrum

6. Nature of service

Please include a brief narrative describing the nature of the proposed service and the spectrum utilization.

7. Consent and authority

I certify that I have read, understand and will comply with:

• the eligibility criteria, as set out in the Radiocommunication Regulations, and that I comply with these requirements
• the marking of antenna structures as required, in accordance with the recommendations of Transport Canada
• the authorization procedures for non-site-specific radio stations, as outlined in Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems
• the terms and conditions of applicable international coordination agreements
• the requirements of applicable Spectrum Utilization Policies, Radio Standards Specifications and Standard Radio System Plans

I certify that I am an authorized representative of the above-named applicant and that all matters and things stated in this application and its attachments are true and correct. I also understand that Innovation, Science and Economic Development Canada may require additional information for the review of this application.

Date of signature (dd/mm/yyyy):

Signature of applicant or individual authorized to sign for the applicant:

Name of applicant or individual authorized to sign for the proposed Transferee (please print clearly):

Title of person:

Part 1: Information to be completed by existing licensee (primary licensee)

1.1 Licensee name:

1.2 Contact information

Address (street, PO box, etc.):
City/town:
Province:
Postal code:
Telephone number:
Fax number:
Email address:

1.3 Licence account number:

1.4 Summary of proposed subordinate licence(s):

^*Not to exceed the authorization granted to the primary licence in any respect.

1.5 Map enclosed (required when subordinate licence area is smaller than the primary licence area):

□ Yes □ No

1.6 Information attached related to section 5.6.4.3 of Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services (commercial mobile spectrum only)

1.7 Proposed issuance date of subordinate licence(s) (dd/mm/yyyy):

1.8 Authority

I certify that I am an authorized representative of the above-named licensee and that the information stated in Part 1 of this application is true and correct.

Date of signature (dd/mm/yyyy):

Signature of applicant or individual authorized to sign for the licensee:

Name of applicant or individual authorized to sign for the licensee (please print clearly):

Title of person:

Part 2: Information to be completed by the proposed subordinate licensee

2.1 Licensee name:

2.2 Contact information

Address (street, PO box, etc.):
City/town:
Province:
Postal code:
Telephone number:
Fax number:
Email address:

2.3 Consent and authority

I certify that I am an authorized representative of the above-named proposed subordinate licensee and that the information stated in Part 2 of this application is true and correct.

I certify that I have read and that I understand the contents of the eligibility criteria, as set out in the Radiocommunication Regulations, and that I comply with these requirements. I will comply with the criteria on an ongoing basis and will notify the Minister of Innovation, Science and Industry of any change that would have a material effect on my eligibility. Such notification will be made in advance of any proposed transactions within my knowledge.

I certify that I understand the use to which the radio frequencies that are the subject to the subordinate spectrum licence(s) may be employed.

I certify that I will comply with the conditions of licence that will apply to the subordinate spectrum licence(s).

I also understand that Innovation, Science and Economic Development Canada may require additional information for the review of the proposed subordinate licence.

Date of signature (dd/mm/yyyy):

Signature of applicant or individual authorized to sign for the subordinate licensee:

Name of applicant or individual authorized to sign for the subordinate licensee (please print clearly):

Title of person: