The following conditions apply to licences issued pursuant to the Policy and Licensing Procedures for the Auction of the 24 and 38 GHz Frequency Bands.
1. Licence Term
This licence will expire on the date indicated above. The process for issuing licences after this term and any issues relating to renewal will be determined by the Minister of Industry following a public consultation.
2. Licence Transferability and Divisibility
The licensee may apply, in writing, to transfer its licence in whole or in part (divisibility), in both the bandwidth and geographic dimensions. Departmental approval is required for each proposed transfer of a licence, whether the transfer is in whole or in part. The Transferee(s) must also provide an attestation and other supporting documentation demonstrating that it meets the eligibility criteria and all other conditions, technical or otherwise, of the licence. The Department may define a minimum bandwidth and/or geographic dimension (such as the grid cell) for the proposed transfer. Systems involved in such a transfer shall conform to the technical requirements set forth in the applicable standard.
The licensee may apply to use a subordinate licensing process.
For more information, refer to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
3. Eligibility
A licensee operating as a radiocommunication carrier must comply on an ongoing basis with the eligibility criteria in section 10(2) of the Radiocommunication Regulations.
The licensee must notify the Minister of Industry of any change which would have a material effect on its eligibility. Such notification must be made in advance for any proposed transactions within its knowledge.
A licensee operating as a radiocommunication service provider or radicommunication user must comply on an ongoing basis with the eligibility criteria in section 9(1) of the Radiocommunication Regulations.
For more information, refer to Client Procedures Circular CPC-2-0-15, Canadian Ownership and Control, as amended from time to time.
4. Radio Station Installations
The licensee must comply with Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time.
5. Provision of Technical Information
When Industry Canada requests technical information on a particular station or network, the information must be provided by the licensee according to the definitions, criteria, frequency, and timelines specified by the Department. For more information, refer to the Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
6. Compliance with Legislation, Regulations and other Obligations
The licensee is subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations and the International Telecommunication Union's Radio Regulations pertaining to its licensed radio frequency bands. This licence is issued on condition that the certifications made in relation to the licence are all true and complete in every respect. The licensee must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the spectrum policy applicable to this band.
7. Technical Considerations
The licensee must comply on an ongoing basis with all relevant Radio Standards Specifications and Standard Radio System Plans, as amended from time to time.
8. International and Domestic Coordination
The licensee must comply with the current and future agreements established with other countries. Although frequency assignments are not subject to site licensing, the licensee may be required to furnish all necessary technical data for each relevant site.
The licensee must use its best efforts to enter into mutually acceptable sharing agreements with other parties, which will faciliate the reasonable and timely development of their respective systems, where applicable, and to coordinate with other licensed users in Canada and internationally where applicable.
9. Lawful Interception
A licensee operating as a radiocommunication carrier and using this spectrum for circuit-switched voice telephony systems must, from the inception of service, provide for and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provied in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications. These standards may be amended from time to time.
The licensee may request the Minister of Industry to forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with Public Safety canada, may exercise the power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirement is not reasonably achievable. Requests for forbearance must include specific details and dates indicating when compliance to the requirement can be expected.
10. Research and Development (R&D)
A licensee operating as a radiocommunication carrier must invest, as a minimum, 2 percent of its adjusted gross revenues resulting from its operations in this spectrum averaged over the 10-year term of the licence, in eligible research and development (R&D) activities related to telecommunications. Eligible R&D activities are those which meet the definition of scientific research and experimental development adopted in the Income Tax Act.
Adjusted gross revenues are defined as total service revenues, less inter-carrier payments, bad debts, third party commissions, and provincial and goods and services taxes collected. Businesses with less than $5 million in annual gross operating revenues are exempt from R&D expenditure requirements, except where they have affiliations with licensees that hold other licences with the R&D condition of licence and where the total annual gross revenues of the affiliated licensees are greater than $5 million.
To facilitate compliance with this condition of licence, the licensee should consult the Department's Guidelines for Compliance with the Radio Authorization Condition of Licence Relating to Research and Development (GL-03).
11. Mandatory Antenna Tower and Site Sharing
A licensee operating as a radiocommunication carrier must comply with the mandatory antenna tower and site sharing requirements set out in Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.
To facilitate compliance with this condition of licence, the licensee should consult the Department's Guidelines for Compliance with the Conditions of Licence Relating to Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (GL-06).
12. Implementation of Spectrum Usage
The licensee must demonstrate to the Minister of Industry that the spectrum has been put into use by the end of the extended licence term. The establishment of eight links per one million population (rounded up to a whole number) within a service area, or some other indicator of usage acceptable to the Department, is required.
13. Annual Reporting
Licencees operating as radiocommunication carriers must submit an annual report for each year of the licence term, including the following information:
- a statement indicating continued compliance with all conditions of licence;
- an update on the implementation and spectrum usage within the area covered by the licence;
- existing audited financial statements with an accompanying auditor's report;
- a report of the research and development expenditures for licensees operating as
- radiocommunication carriers whose annual gross operating revenues exceed $5 million (the Department reserves the right to request an audited statement of research and development expenditures with an accompanying auditor's report);
- supporting financial statements where licensees are claiming an exemption based on an annual gross revenue of less than $5 million; and
- a copy of any existing corporate annual report for the licensee's fiscal year with respect to the authorization.
All reports and statements are to be certified by an officer of the company and submitted, in writing, within 120 days of the licensee's fiscal year end, to the address below. Where a licensee holds multiple licences, the reports should be broken down by service area. Confidential information provided will be treated in accordance with section 20(1) of the Access to Information Act.
Manager, Emerging Networks
Spectrum Management Operations Branch
Industry Canada
300 Slater Street, 15th floor
Ottawa, Ontario K1A 0C8
Last revision date: August 20th, 2009