General coordination agreement between Canada and the United States of America on the use of the radio frequency spectrum by terrestrial radiocommunication stations and earth stations

CANADA AND THE UNITED STATES OF AMERICA (THE “PARTIES”),

RECOGNIZING the sovereign right of each Party to regulate its telecommunication, as recognized in the Preamble of the Constitution of the International Telecommunication Union, done at Geneva on 22 December 1992, as amended to the extent such amendments are in force for both parties (“ITU Constitution”), and the Parties’ joint goal to provide adequate radio frequency spectrum resources to meet the requirements of their respective radiocommunication services, taking into account their respective needs, patterns of use, rates of technological introduction, and systems implementation;

RECOGNIZING the undertaking of the Parties to take all practicable steps to prevent harmful interference under Article 45 of the ITU Constitution;

RECOGNIZING the value of the expeditious assignment of radio frequency spectrum to deal with dynamic technological change and to allow for the deployment of services by the Parties’ authorized users;

CONSIDERING that it is in the interest of both Parties to avoid harmful interference with each other’s radiocommunication services;

RECALLING the intent of the Parties that this Agreement be considered a “special arrangement” under Article 42 of the ITU Constitution; and

UNDERSTANDING that the Parties intend the cooperative arrangements developed under this Agreement to satisfy relevant bilateral radio spectrum coordination requirements of Articles 9 and 15 of the International Telecommunication Union Revision of the Radio Regulations, done at Geneva on 17 November 1995, as amended, to the extent such amendments are in force for both Parties,

HAVE AGREED as follows:

ARTICLE I

Scope

This Agreement applies to the allotment and assignment of radio frequencies involving terrestrial radiocommunication stations and earth stations along the border between Canada and the United States of America.

ARTICLE II

General Provisions

1. The Parties agree to each designate an entity or multiple entities (the “Designated Agencies”) to jointly decide on, establish, implement, modify, and discontinue various non-binding arrangements to govern the allotment and assignment of radio frequency spectrum involving terrestrial radiocommunication stations and earth stations along the Canada-United States border (the “Arrangements”).

2. The Parties agree that the relevant Designated Agencies may be designated with respect to each such Arrangement, from time to time, in writing through exchange of correspondence between the Parties. The Parties also agree that an Arrangement, once established by the relevant Designated Agencies, may be modified by such Designated Agencies from time to time through exchange of correspondence.

3. The Parties agree that each Arrangement shall include terms addressing:

  1. (i) the relationship of the Arrangement to this Agreement;

  2. (ii) the relevant Designated Agencies designated by the Parties with respect to such Arrangement.

4. The Parties agree that each Arrangement should include, as relevant, terms addressing:

  1. (i) the scope of frequencies covered by such Arrangement;

  2. (ii) geographical sharing or coordination zones covered by such Arrangement;

  3. (iii) technical criteria to be used to facilitate coordination and sharing based on the characteristics of the frequency band under such Arrangement;

  4. (iv) conditions of use, if any, that the relevant Designated Agencies intend to impose under their respective domestic regulatory authorities on the licenses of authorized users covered by such Arrangement, such as a requirement for such authorized users to:

    1. (a) coordinate in relation to a radiocommunication authorization;

    2. (b) comply with certain operating parameters, such as the amount of power and bandwidth they may utilize;

  5. (v) the exchange of information between relevant Designated Agencies and/or the authorized users in a timely manner; or

  6. (vi) any other information or provision that the relevant Designated Agencies jointly determine to be relevant to such Arrangement.

5. The Parties shall instruct their Designated Agencies to use their reasonable best efforts to implement the Arrangements cooperatively.

6. The Parties, through their Designated Agencies, shall exchange relevant information, whenever feasible, in advance of implementation of new or expanded uses of the radio frequency spectrum or of new technology related to the management and efficient use of the radio frequency spectrum along the Canada-United States border.

7. The Parties shall instruct their Designated Agencies to make each Arrangement or modification of an Arrangement publicly available, whenever feasible, within 30 days of its effective date. The Parties shall also direct their Designated Agencies to maintain a record of Arrangements in accordance with their respective information management protocols.

ARTICLE III

Supersession or Discontinuance

1. This Agreement shall supersede or discontinue the legal instruments listed in Annex A to this Agreement, as appropriate.

2. The coordination status of licenses and authorizations coordinated under the legal instruments listed in Annex A shall not be affected by the supersession or discontinuance of the legal instruments listed in Annex A.

ARTICLE IV

Entry into Force and Duration

1. This Agreement shall enter into force on the date of the second note in an exchange of notes between the Parties indicating that they have completed their respective internal procedures for the entry into force of this Agreement.

2. In accordance with the provisions of their domestic law or internal procedures, the Parties may provisionally apply this Agreement before it enters into force effective from the date of the second note in an exchange of notes between the Parties indicating that they have completed their respective domestic procedures to provisionally apply this Agreement.

ARTICLE V

Amendment

The Parties may amend this Agreement in writing. Unless otherwise agreed, such an amendment shall enter into force through the same procedures set forth in paragraph 1 of Article IV of this Agreement.

ARTICLE VI

Termination

A Party may terminate this Agreement by giving notice of termination in writing to the other Party. Such termination shall become effective 180 days after the date of that notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa, in the English and French languages, both language versions being equally authentic.


signed by Simon Kennedy, Deputy Minister of Innovation, Science and Economic Development Canada

FOR CANADA
Date: January 12, 2021


signed by Katherine Brucker, Charge d’Affaires ad interim at the Embassy of the United States of America in Ottawa

FOR THE UNITED STATES OF AMERICA
Date: January 13, 2021

ANNEX A

LEGAL INSTRUMENTS SUPERSEDED OR DISCONTINUED Footnote 1

1. Agreement Between the Government of Canada and the Government of the United States of America Concerning the Coordination and Use of Radio Frequencies Above Thirty Megacycles per Second, effected by Exchange of Notes on October 24, 1962.

2. Amending Annex to The Technical Annex to The Exchange of Notes of October 24, 1962 Between the Government of Canada And the Government of The United States of America Constituting an Agreement for Radio Frequency Coordination and Use of Radio Frequencies Above Thirty Megacycles per Second, effected by Exchange of Notes on June 16 and 24, 1965.

3. Arrangement A: Arrangement Between the Department of Transport and the Federal Communications Commission for the Exchange of Frequency Assignment Information and Engineering Comments on Proposed Assignments Along the Canada-United States Borders in Certain Bands Above 30 Mc/s, adopted by Correspondence May 1950; revised Ottawa, March 1962 and Washington, D.C., October 1964.

4. Arrangement B: Arrangement for the Exchange of Frequency Assignment Information and Engineering Comments on Proposed Assignments Along the Canada/United States Borders in Certain Aviation Bands, adopted Ottawa, March 1962; revised Washington, D.C., October 1964.

5. Arrangement C: Arrangement for Frequency Coordination of Fixed Installation Radars, adopted Ottawa, March 1962 and revised Washington, D.C., October 1964.

6. Arrangement D: Arrangement between the Department of Transport and the Interdepartmental Radio Advisory Committee for the Exchange of Frequency Assignment Information and Engineering Comments on Proposed Assignments Along the Canada-United States Borders in Certain Frequency Bands Above 30 Mc/s, adopted Washington, D.C., June 1956; revised Ottawa, March 1962 and Washington, D.C., October 1964.

7. Arrangement E: Arrangement Between the Department of Communications of Canada and the National Telecommunications and Information Administration and the Federal Communications Commission of the United States Concerning the Use of the 406.1 MHz to 430 MHz Band in Canada-United States Border Areas, effected by Exchange of Notes on February 26 and April 7, 1982.

8. Arrangement F: Arrangement Between the Department of Communications of Canada and the Federal Communications Commission of the United States Concerning the use of the Band 806 to 890 MHz along the Canada-United States Border, effected by Exchange of Notes on November 2, 1993 and January 4, 1994.

9. Arrangement G: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 764 to 776 MHz and 794 to 806 MHz by the Land Mobile Service Along the Canada-United States Border, effected by Exchange of Notes on June 15 and 20, 2005.

10. Arrangement H: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 1850-1915 MHz and 1920 1995 MHz by Personal Communications Services Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

11. Arrangement I: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 1710-1755 MHz and 2110 2155 MHz By Advanced Wireless Services Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

12. Arrangement J: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Band 1670-1675 by Fixed and Mobile (Except Aeronautical Mobile) Services Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

13. Arrangement K: Sharing Arrangement Between the Department of Industry of Canada And the Federal Communications Commission of The United States of America Concerning the Use of The Frequency Band 1427-1432 MHz By Telemetry Systems and Subscriber Radio Systems in The Fixed Service Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

14. Arrangement L: Sharing Arrangement Between the Department of Industry of Canada And the Federal Communications Commission of The United States of America Concerning the Use of The Frequency Band 4940-4990 MHz by the Mobile and Fixed Services Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

15. Arrangement M: Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of The Frequency Bands 2155-2162 MHz and 2500 2690 MHz by Terrestrial Stations Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

16. Arrangement N: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 849-851 MHz and 894 896 MHz by Air-Ground Systems Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

17. Arrangement O: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 698-758 MHz and 776 788 MHz for the Fixed and Mobile (Except Aeronautical Mobile) Services Along the Canada-United States Border, effected by exchange of letters on July 13 and 18, 2011.

18. Arrangement P: Sharing Arrangement between the Department of Industry of Canada and the National Telecommunications and Information Administration of the United States of America concerning the Use of the Frequency Band 2750 to 2850 MHz for the 10.7 cm Solar Radio Flux Monitoring Programme at the Dominion Radio Astrophysical Observatory Located Near Penticton, BC, Canada, effected by exchange of letters on May 1 and 17, 2013.

19. Arrangement Q: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 768-776 MHz and 798 806 MHz by the Land Mobile Service Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

20. Arrangement R: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Band 3650-3700 MHz by the Fixed and Mobile Services Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

21. Arrangement S: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Bands 824 to 849 and 869 to 894 MHz by Cellular Radio Systems Along the Canada-United States Border, effected by exchange of letters on July 13 and 18, 2011.

22. Arrangement T: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Frequency Band 160.200-161.580 MHz for Land Mobile and Fixed Services by Railroad Communications Systems Along the Canada-United States Border, effected by exchange of letters on May 1 and 10, 2013.

23. Arrangement U: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning the Use of The Frequency Bands 896 to 901 MHz and 935 to 940 MHz Along the Canada-United States Border, effected by exchange of letters on August 20, 2013.

24. Arrangement V: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission and the National Telecommunications and Information Administration of the United States of America Concerning the Use of the Frequency Bands 71-76 GHz, 81-86 GHz, 9294 GHz and 94.1-95 GHz by the Fixed Service Along the Canada-United States Border, effected by exchange of letters on August 20, 2013.

25. Revised Attachment A to Department of Communications’ letter 6110-9-4(RAF) 6110-26 1165-46 dated July 21, 1972: Notes Pertaining to Canada/U.S. Coordination of Maritime Mobile Frequencies Appearing in Appendix 18 of the International Radio Regulations Annexed to the International Radio Regulations Annexed to the International Telecommunication Convention, effected by exchange of letters on January 9 and June 8, 1973.

26. Revised Attachment B to Department of Communications’ letter 6110-9-4(RAF) 6110-26 1165-46 dated July 21, 1972, effected by exchange of letters on January 9 and June 8, 1973.

27. Arrangement Concerning Frequency Usage for Vessel Traffic Systems in the General Vancouver/Seattle Area, effected by exchange of letters on May 31 and August 2, 1976.

28. Arrangement Between the Department of Communications of Canada and the Federal Communications Commission of the United States Concerning the Channeling Arrangement for the West Coast VHF Maritime Mobile Public Correspondence, effected by exchange of letters November 18, 1983 and February 20, 1984.

29. Canada/U.S.A. VHF Channeling Arrangement for Parallel Mobile Public Correspondence on the Great Lakes and the St. Lawrence Seaway, signed December 29, 1978.

30. Canada/USA Channeling Arrangement for East Coast VHF Maritime Mobile Public Correspondence, signed December 29, 1978.

31. Agreement Between the Government of Canada and the Government of the United States of America Relating the AM Broadcasting Service in the Medium Frequency Band, signed at Ottawa January 17, 1984.

32. Exchange of Notes Constituting a Working Arrangement for the Allotment and Assignment of FM Broadcasting Channels under the Agreement between the Government of Canada and the Government of the United States of America relating to the FM Broadcasting Service dated February 1991, effected by Exchange of Notes on November 26, 1990 and February 25, 1991, amended by Exchange of Notes on July 9, 1997.

33. Agreement Between the Government of Canada and the Government of the United States of America Relating to the TV Broadcasting Service, effected by Exchange of Notes on November 3, 1993 and January 5, 1994.

34. Arrangement Governing Radio Communications Between Private Experimental Stations, effected by Exchange of Notes on October 2, 1928, December 29, 1928, and January 12, 1929, amended by Exchange of Notes on April 23 and May 2, 1934.

35. Memorandum of Understanding Concerning the Coordination of Marine Radio Beacons of Canada and the United States, dated August 22, 1962.

36. Letters Concerning the Land Mobile Service in the 896-901 MHz and 935940 MHz Bands Between the Department of Communications Canada and the United States Federal Communications Commission, signed on August 15 and September 17, 1990.

37. Interim Working Arrangement Between the Federal Communications Commission and the Department of Communications Relating to the AM Broadcasting Service in the Medium Frequency Band, signed on December 28, 1990 and February 28, 1991.

38. Arrangement Between the Department of Communications of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Bands 928 to 929 MHz and 952 and 953 MHz Along the Canada-United States Border, signed on July 24 and August 7, 1991.

39. Canada/U.S. Interim Channelling Arrangement for the Aeronautical Mobile (R) Service Utilizing 25 kHz Channels for the Band 136-137 MHz, signed on November 1, 1991 and January 15, 1992.

40. Interim Coordination Considerations for Paging Operations in the Band 929932 MHz, dated September 14, 1983, modified July 22, 1992.

41. Further Interim Coordination Considerations for the Shared 931-932 MHz, dated February 10, 1987, modified July 22, 1992.

42. Arrangement Between the Department of Communications of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Bands 849-851 MHz and 894 to 896 MHz, signed on August 18 and 28, 1992.

43. Arrangement Between Industry Canada, and the Federal Communications Commission and the National Telecommunications and Information Administration of the United States of America Concerning the Use of the Bands 932 to 935 MHz and 941 to 944 MHz Along the Canada-United States Border, effected by exchange of letters on September 19 and October 24, 1994.

44. Interim Sharing Arrangement for the Bands 901-902 MHz, 930-931 MHz and 940-941 MHz Between Industry Canada and the Federal Communications Commission, dated September 22, 1994.

45. Interim Sharing Arrangement Concerning the Use of the 1850 to 1990 MHz Band for Personal Communications Services (PCS) Along the Canada and United States Border, dated November 13, 1994.

46. Arrangement Between Industry Canada, and the Federal Communications Commission and the National Telecommunications and Information Administration of the United States of America Concerning the Coordination of Fixed and Mobile Stations Operating in Specific Band Segments Between 17.7 GHz and 23.6 GHz Along the Canada-United States Border, signed March 3, 13, and July 8, 1995.

47. Letters Exchanged on August 25 and 28, 1998 Concerning the Digital Radio Broadcasting Services in Canada in the Band 1452-1492 MHz and the Digital Audio Radio by Satellite Service in the United States in the Band 23202345 MHz.

48. Interim Arrangement Concerning the Sharing Between Canada and the United States of America on Broadband Wireless Systems in the Frequency Bands 24.2524.45 GHz, 25.05-25.25 GHz, and 38.6-40 GHz, signed December 8 and 21, 1999.

49. Interim Sharing Arrangement Between the Canadian Department of Industry, the National Telecommunications and Information Administration, and the Federal Communications Commission Concerning the Use of the Band 220 to 222 MHz Along the Canada-United States Border, signed December 8, 13, and 21, 1999, modified on May 13, 2015.

50. Letter of Understanding Between Industry Canada and the Federal Communications Commission of the United States of America Related to the use of the 5472 MHz, 76-88 MHz, 174-216 MHz and 470-806 MHz Bands for the Digital Television Broadcasting Service Along the Common Border, signed September 12 and 22, 2000, modified on October 7, 2004.

51. Interim Arrangement Concerning the Sharing Between Canada and the United States of America on Local Multipoint Communication Systems, the Local Multipoint Distribution Service and Certain Other Services in Parts of the Frequency Bands 27.35–28.35 GHz, 29.1–29.25 GHz, and 31.0–31.3 GHz, signed December 1, 4, and 21, 2000.

52. Letters Exchanged on August 5, 2008 and December 15, 2008 Between Industry Canada and the Federal Communications Commission Concerning the Allotment and Assignment of Television Broadcasting Channels in Areas Adjacent to the Border of Canada and the United States.

53. Statement of Intent Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Related to the Reconfiguration of Spectrum Use in the UHF Band for Over-the-Air Television Broadcasting and Mobile Broadband Services, signed on August 7 and 11, 2015.

54. Exchange of Letters between the Department of Innovation, Science and Economic Development Canada and the Federal Communications Commission Regarding DTV Reconfiguration Results and Transition of 600 MHz Spectrum dated September 14 and 22, 2017.

55. Exchange of Letters Concerning the Use of the Frequency Bands 806-824 MHz and 851-869 MHz by the Land Mobile Service Along the Canada-United States Border, signed on July 18 and August 1, 2011.

56. Sharing Arrangement Between the Department of Communications of Canada and the National Telecommunications and Information Administration of the United States Concerning the Use of the Band 4400-5000 MHz, signed on August 12, 1984.

57. Coordination Procedures of Fixed and Mobile Services in the 138-144 MHz Band (exchange of letters relating to Arrangement D), effected by exchange of letters on November 28, 1978 and January 17, 1979.

58. Frequencies in the VHF and UHF Bands for Use as “Wide Area” Channels and “Common Use” Channels (exchange of letters relating to Arrangement D), effected by exchange of letters on July 27, 1978 and January 17, 1979.

59. Provisions for Canadian land mobile assignments within the coordination zone that are operating according to the 2001 SCP and are not included in the new SCP and revisions to Arrangement F modified by exchange of letters on July 18 and August 1, 2011

60. Interim Arrangement Concerning the Use of the Frequency Bands 23052320 MHz and 2345-2360 MHz by Stations in the Wireless Communications Service (WCS) Near the Canada/United States of America Border, signed January 31 and June 25, 2003.

61. Exchange of Letters Pertaining to the Establishment of an Arrangement for the Sharing of Frequency 931.4375 MHz for Nationwide Paging Operations, dated March 29, July 21, September 14, November 29 and December 22, 1993.

62. Statement of Intent of the Department of Industry of Canada and the Federal Communications Commission of the United States of America Related to the Sharing and Use of the Frequency Bands 454.6625-454.9875 MHz and 459.6625459.9875 MHz for Mobile and fixed Services along the Canada-United States Border, signed August 20, 2013.

63. Arrangement Between Canada and the United States on Principles to Govern the Use of the 37.5-42.5 GHz Band by the Fixed and Fixed-Satellite Services, attached to the letter from the Federal Communications Commission to Industry Canada dated April 10, 2002.

64. Provision of Trans-Border Radio Paging Service by Canadian and United States Licensees to Subscribers Across the Border, effected by exchange of letters on June 8, 1970 and January 14, June 25, August 9, and 20, 1971.

65. Coordination and Use of 25 kHz Frequency Assignments in the Aeronautical Mobile (R) Sub-band 128.8125-132.0125 MHz, effected by exchange of letters on September 27, December 20, 1977, and February 14, 1978.