October 7, 2022
November 29, 2022
Note: The SAB-001-22 as originally published included a typographical error in the email address provided for comments. This error has now been corrected, and the deadline for ISED to accept comments has been extended as follows:
- closing date for comments: December 13, 2022
Please ensure that all comments are submitted or re-submitted to spectrumoperations-operationsduspectre@ised-isde.gc.ca .
Closing date for comments: December 13, 2022
Innovation, Science and Economic Development Canada (ISED), on behalf of the Minister of Innovation, Science and Industry (the Minister), is publishing this Spectrum Advisory Bulletin (SAB) to seek comments on a proposed amendment to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services (the CPC).
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. Under paragraph 5(1) of the Radiocommunication Act, the Minister is responsible for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada. Paragraph 5(1)(e) gives the Minister the authority to plan the allocation and use of the spectrum, and paragraphs 5(1)(a) and 5(1)(b) give the Minister the authority to issue spectrum licences and fix and amend the terms and conditions of these licences.
Under these powers and authorities, the Minister may approve a licence transfer and in so doing consider any and all matters deemed relevant to the request for the transfer. The CPC was established to provide guidance on the spectrum transfer process and the Minister’s ability to approve, fix additional terms and conditions, or refuse transfer requests.
Licence transfer decisions will normally be part of the public record. As per section 5.6.2 of the CPC, ISED publishes summaries of its decisions on transfers of commercial mobile spectrum licences. These summaries can be found on ISED’s Spectrum Management and Telecommunications website.
Section 5.6.2 also “encourages parties that are contemplating entering into Agreements related to Licence Transfers and Prospective Transfers to seek informal, non-binding advice prior to doing so. 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.”
ISED notes that, with respect to some applications for transfer, the public interest would be better served if an ISED decision were exclusively on the public record. In this regard, ISED is proposing a change to the wording of section 5.6.2, paragraph 13 of CPC 2-1-23 in order to clarify ISED’s obligations regarding the provision of preliminary advice on spectrum licence transfer requests.
ISED proposes to amend section 5.6.2, paragraph 13 of the CPC to read as follows:
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.
ISED will accept comments on the proposed amendment until November 7, 2022. Comments must be submitted in electronic format (Microsoft Word or Adobe PDF), citing SAB-001-22, Amending the Procedure for Spectrum Licence Transfer Requests and the date of this SAB. Comments should be sent by email to spectrumoperations-operationsduspectre@ised-isde.gc.ca.
As all comments received will be posted on ISED’s Spectrum Management and Telecommunications website, respondents are responsible for ensuring that they do not include confidential or private information in their submissions.
ISED will review the comments received and publish its decision on this proposal in a future SAB. Following the publication of a decision, ISED will, if required, publish an updated CPC.
October 7, 2022
Marc-André Rochon
Senior Director, Spectrum Operations Directorate
Spectrum Management Operations Branch