Addendum to the Non-Competitive Local Licensing Framework to include Spectrum in the 27.5-28.35 GHz Band

2. 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.

3. In developing this Addendum, ISED continues to be guided by the policy objectives described in section 3 of the NCL Licensing Framework.

4. In June 2022, ISED published the mmWave Consultation, seeking comments on its proposal to include 200 MHz in the upper 26 GHz band (26.5-26.7 GHz), 50 MHz in the 28 GHz band (28.3-28.35 GHz), and 800 MHz in the 38 GHz band (37.6-38.4 GHz) in a future NCL licensing process.

5. In May 2023, ISED published the NCL Licensing Framework, announcing that the framework would apply to any mmWave spectrum resulting from the mmWave Consultation that was designated as being available for non-competitive spectrum licensing. Additionally, ISED announced that an addendum to the NCL Licensing Framework would be published to set any supplementary provisions for NCL licences in the proposed mmWave bands that would be made available for non-competitive licensing, following the decision resulting from the mmWave Consultation is published.

6. Subsequent to the NCL Licensing Framework, ISED released the Consultation on the Licence Renewal Process for the 24 GHz and 38 GHz Bands and Preliminary Consultation on Changes to the 24.25-26.5 GHz Band (the 24 GHz Renewal Consultation). This consultation sought comments on how and when the lower 26 GHz band (24.25-26.5 GHz) should be made available in relation to the mmWave bands discussed in the mmWave Consultation. ISED received a number of comments in the 24 GHz Renewal Consultation requesting that the lower 26 GHz band be repurposed for flexible use.

7. ISED recognized that understanding the full range of spectrum that will be made available for auction in the mmWave bands will allow stakeholders to better determine their valuation for mmWave licences and that the potential use cases for mmWave spectrum, including the amount of spectrum needed for them, are still developing. As such, in the Decision on the Licensing Process for Existing Licensees in the 24 and 38 GHz Bands and Considerations Related to the mmWave Auction (the 24 GHz Renewal Decision), ISED announced it will consult on the potential for repurposing the lower 26 GHz band prior to finalizing the mmWave auction framework.

8. ISED recognizes that various users are planning their overall network strategies and build-outs, which may require the use of various frequency bands. ISED is of the view that announcing the availability of certain mmWave spectrum through the NCL licensing framework in this Addendum will benefit Canadians by enabling access to the latest wireless telecommunications services in localized areas across the country. Specifically, making mmWave NCL licences available will allow service providers, businesses and industries to acquire spectrum to provide a broad range of new services to Canadians. It will also provide options to increase capacity and quality of existing networks. As such, as part of this Addendum, ISED is making the 27.5-28.35 GHz band available for NCL licensing.

9. ISED will consult further on any additional portions of the mmWave bands that will be made available for NCL licensing when it consults on repurposing the lower 26 GHz band and further changes to the mmWave auction framework.

10. Through the mmWave Consultation, ISED sought comments on its proposal to include 200 MHz in the 26.5-26.7 GHz band, 50 MHz in the 28.3-28.35 GHz band and 800 MHz in the 37.6-38.4 GHz band in a future NCL licensing process.

11. As part of this consultation, ISED also sought comments on the types of use cases envisioned for the mmWave bands that are proposed for the NCL licensing.

Summary of comments

12. Applying the NCL licensing framework to the mmWave spectrum: Dynamic Spectrum Alliance, ECN, Federated Wireless and Qualcomm expressed support for ISED's proposal to apply the NCL licensing framework to the mmWave bands. CanWISP also supported the proposal, provided operators can fully leverage the potential of mmWave technologies.

13. Several respondents, including Bell, Québecor Média, SaskTel, Sogetel, TELUS and TERAGO, recommended reducing the amount of spectrum made available for NCL licensing. They argued that the proposed amount appears excessive and may create an artificial shortage of mmWave spectrum for auction.

14. Viasat suggested that ISED should apply the NCL licensing framework to mmWave spectrum in the 26 GHz and 38 GHz bands, if necessary, but not to the 28.3-28.35 GHz band. SpaceX also urged ISED not to make 28 GHz spectrum available for terrestrial assignment to ensure that satellite operators can continue to provide critical services to end users across Canada. SES recommended that ISED consider whether NCL licensing can be better accommodated in other available spectrum (e.g. the 26 GHz band), without having to impair spectrum that is being productively used for satellite services today.

15. Types of use cases envisioned for the mmWave bands: Qualcomm and the RABC strongly supported the proposal to apply the NCL licensing framework to the mmWave spectrum and believed it can support a variety of private and enterprise networks. ECN expected mmWave bands to be used mainly for mobility in denser areas or in exceptional circumstances where fixed wireless services are preferable to fibre for delivery of telecom services. Similarly, Rogers expected mmWave bands to be used primarily in urban areas and specific high-traffic dense rural and remote areas.

16. CanWISP and TekSavvy expressed that the mmWave bands have the potential to support broadband access networks in small compact towns, adding that fixed wireless deployments in the mmWave bands may be built as an alternative to fibre access networks or may be built to accelerate broadband deployments in advance of constructing a fibre access network in a community or neighbourhood. Additionally, these respondents were of the view mmWave bands can support private networks in both indoor and outdoor scenarios. They anticipated that the use cases for mmWave in semi-rural connectivity projects will evolve in the coming years.

Discussion

17. ISED is of the view that applying the NCL licensing framework to the mmWave spectrum will enable wireless operators and non-traditional users to have localized access to high-speed and high-capacity 5G services. Additionally, ISED expects that the opportunity to obtain large contiguous blocks of spectrum in mmWave bands will support a wide variety of envisioned use cases. These include Fixed Wireless Access (FWA), for delivering high-speed internet access in both urban and rural areas, 5G private enterprise solutions to facilitate high-speed connectivity needs of real-time data transmission of industrial applications, and enhanced mobile broadband (eMBB) services to deliver high-speed data and high-quality access to users in densely populated areas.

18. The global mmWave ecosystem for 5G New Radio (5G NR) is evolving and current equipment standards may support the large contiguous spectrum required to meet the growing demand for 5G applications. Specifically, 3GPP standards for mmWave bands include band classes n257 (26.5-29.5 GHz), n258 (24.25-27.5 GHz) and n261 (27.5-28.35 GHz) and n260 (37-40 GHz). ISED is of the view that access to widely available equipment ecosystems could support different types of networks or combinations of networks, including localized mobile, and fixed wireless access services.

19. Worldwide, regulators are releasing spectrum in mmWave bands to support advanced wireless services. Many countries, including Japan, South Korea, Australia, Germany, the United Kingdom and France, have allocated the 28 GHz spectrum to facilitate the deployment and expansion of 5G and beyond. This mmWave spectrum made available aims to enhance 5G wireless connectivity in high-density urban areas and to address localized needs at public venues such as train stations and sports stadiums, as well as of industrial sectors like manufacturing. Given that many countries have been making mmWave spectrum available for 5G services, including in the 28 GHz band, ISED expects that the global equipment ecosystem for 5G devices will continue to evolve as more use cases are emerging. While initial developments and deployments of 5G networks in the mmWave spectrum have been slow, they are expected to grow steadily in the coming years.

20. ISED acknowledges the concerns expressed by satellite stakeholders requesting that the spectrum in the 28 GHz band be reserved for satellite services and suggesting that ISED refrain from auctioning this spectrum to protect existing satellite users. At the same time, ISED acknowledges that both terrestrial flexible use and satellite operators would like to have, or continue to have access to this band. ISED is of the view that authorizing terrestrial flexible use service through NCL licensing, and applying an FCFS approach between NCL licences and the current site-approved earth station spectrum licences, will provide a balanced approach for access to the 28 GHz band. ISED further notes that given the envisioned use of NCL licensed systems, certain constraints on satellite earth station operations (e.g. geographic restrictions, see section 6.4.4) will be implemented.

21. Manufacturers, operators and future NCL licensees may need time to plan potential applications for local use of mmWave spectrum. Additionally, 3900 MHz licensees may want to consider mmWave spectrum in their long term network deployment plans. Considering these factors, along with ISED's decision to consult on repurposing the lower 26 GHz band prior to finalizing the mmWave auction framework, ISED has decided to immediately designate some mmWave spectrum under the NCL licensing framework prior to the repurposing of the lower 26 GHz band consultation. Taking into account the amount of spectrum to be made available in the 28 GHz band, and spectrum necessary to support the advanced technologies envisioned in the mmWave band, ISED will make 850 MHz of spectrum in the 28 GHz band (27.5-28.35 GHz) available for flexible use operations through the NCL licensing process.

22. As noted above, as part of the consultation on repurposing the lower 26 GHz band, ISED will further evaluate the amount of additional spectrum that may be made available in the future under the NCL licensing framework. ISED notes that additional spectrum may be made available in other mmWave bands for NCL licensing following the decision resulting from a future mmWave consultation.

Decision

23. As decided in section 5, ISED will be applying the NCL Licensing framework to all NCL licences in the 27.5-28.35 GHz (28 GHz) band. This section outlines the additional provisions and technical considerations for the use of the 28 GHz band.

6.1 Band plan

24. In SLPB-003-19, Decision on Releasing Millimetre Wave Spectrum to Support 5G (2019 mmWave Decision), ISED adopted a band plan for the 28 GHz band, composed of eight unpaired 100 MHz blocks in the 27.5-28.3 GHz range and a 50 MHz block in the 28.3-28.35 GHz range for flexible use.

25. ISED is revising the block sizes from the original 100 MHz in order to facilitate shared access, support diverse and localized use cases, and enable broader participation from smaller operators, enterprises, and public sector organizations. ISED is of the view that 50 MHz blocks — the minimum channel bandwidth supported by 3GPP standards — will enable a broad range of applications to be deployed and facilitate more efficient spectrum utilization for shared use. Smaller block sizes help ensure that spectrum resources are not underutilized and could support access to the spectrum by more users. The smaller block size allows users to apply only for the spectrum they need, while still allowing licensees to request a licence for multiple contiguous blocks to support use cases that require larger block size. Such flexibility ensures that spectrum resources are distributed more efficiently, catering to the specific needs of different users.

26. Moreover, smaller block sizes permits more granular channel assignments, providing more options for minimizing the potential of interference. For instance, this configuration could enable the licensing of two 100 MHz operations with a 50 MHz partial overlap in adjacent areas — an arrangement that would not be feasible with only 100 MHz block sizes.

27. While the 3GPP standards for the 28 GHz band include channel bandwidths of 50 MHz, ISED notes that currently, there is limited equipment available that supports 50 MHz channel bandwidths. However, given that the equipment ecosystem for mmWave bands is still evolving, ISED anticipates that innovative use cases, equipment and ecosystems could become available in the future. ISED is of the view that the revised band plan would best support a multitude of use cases. As is the case for business planning purposes when acquiring spectrum, NCL licensing applicants are advised to consider the present and future availability of equipment, the necessary ecosystem and their business plans when requesting an NCL licence.

28. Consequently, ISED is now adopting a revised band plan for the 28 GHz band, consisting of 17 unpaired 50 MHz blocks across the 27.5-28.35 GHz range for flexible use, as shown in figure 1. Applicants may request a licence for multiple contiguous 50 MHz blocks to form larger contiguous blocks to provide the flexibility to facilitate different innovative use cases, applications and technologies.

29. In addition, as noted in the 2019 mmWave Decision, industry standards applicable to this band are based on a Time Division Duplex (TDD) scheme. ISED expects that most systems to be deployed in this band would be using TDD equipment and consequently, only TDD systems will be permitted at this time. ISED may consider other options through consultation with stakeholders to take into account future equipment ecosystem development, if necessary.

Figure 1: 28 GHz NCL licensing band plan

Decision

6.2 Eligibility

30. As decided in section 5.4.2 of the NCL Licensing Framework, all NCL licence applicants will be required to demonstrate that they meet the eligibility criteria as set out in subsection 9(1) of the Radiocommunication Regulations and additional eligibility requirements for NCL licences may be established on a band-by-band basis.

31. Since ISED has not yet finalised its decisions on the overall mmWave framework, there is a possibility that 28 GHz NCL licences will be the first spectrum available for flexible use in the mmWave bands. As discussed in the policy objectives in the NCL Licensing Framework, ISED is seeking to facilitate low-barrier access to spectrum to support the needs of new users, including industry verticals with NCL licensing. ISED recognizes that it may take some time for wireless Internet service providers (WISPs), smaller mobile operators and non-traditional users (e.g. industry verticals) to develop their business cases for using mmWave spectrum. As such, similar to the 3900 MHz band, ISED will reserve a portion of the 28 GHz band, from 27.9 GHz to 28.35 GHz, for use by small operators, including small commercial mobile service providers, non-traditional users (NTUs) and WISPs, to develop their business case in the mmWave band.

32. Small operators are defined as those entities (and their affiliates, as defined in section 6.3 of this Addendum) with less than 100,000 retail mobile phone subscribers, as reported to the CRTC through its Annual Telecommunications Survey. This approach would restrict access to the 27.9-28.35 GHz portion of the band by larger mobile service providers. Accordingly, large operators with more than 100,000 retail mobile subscribers will be ineligible to hold NCL licences for blocks from 27.9 GHz to 28.35 GHz (i.e. blocks AA9 to AA17).

33. This eligibility restriction will be incorporated into the conditions of licence for 28 GHz NCL licences, as set out in annex A. Eligibility restrictions will continue to apply if an NCL licensee is acquired or otherwise becomes affiliated with an ineligible operator, in which case, the NCL licence must be returned to ISED. ISED will monitor NCL licensing uptake with a view to adjusting this eligibility restriction, if appropriate. Further, ISED intends to conduct a review of the continued applicability of the eligibility restriction after three years from the date that the first NCL licence in the 28 GHz band is issued.

Decision

6.3 Measures to support local access in the 28 GHz band

34. In the NCL Licensing Framework, ISED decided to apply licence area size limits and spectrum limits to mmWave NCL licences and publish an addendum to the decision with specific measures that will apply to mmWave NCL licences. Similar to NCL licensing in the 3900 MHz band, ISED will establish licence types in the mmWave NCL licensing bands, as discussed in the following paragraphs.

NCL licence types

35. ISED will establish two distinct licence types in the 28 GHz band, applicable to all Tier 5 service areas categories (i.e. metropolitan, urban, rural and remote):

• low-power (LP) licence type
• high-power (HP) licence type

36. These licence types are defined by the licence area covered. As shown in table 1 below, the maximum area size per licence for an LP operation is 1 km², while the maximum area size per licence for an HP operation area is 50 km². These licence area sizes are designed to take into account propagation characteristics of the mmWave bands.

37. An applicant may apply for multiple NCL licences to cover its desired total area. There is no limit on the number of licences a licensee may hold. For example, to cover an area of 3 km², an applicant could apply for three LP licences with each licence covering 1 km² and must deploy at least one LP base station in each licence area. As a second example, to cover an area of 55 km², an applicant could apply for multiple LP licences or multiple HP licences or a combination of LP and HP licences, depending on the use case and power requirements. Applicants wanting to deploy HP systems must cover, at a minimum, 5 km².

38. For each licence issued, at least one site operating at the authorized power level for the licence type must be deployed and used for radiocommunication (as defined in the Radiocommunication Act). Further details regarding deployment requirements are provided in section 5.4.3 of the NCL Licensing Framework.

39. As noted earlier, ISED will monitor the use of the mmWave NCL licences and may implement additional (and immediate) measures should there be any spectrum warehousing or anti-competitive behaviour by licensees. ISED may request additional documentation to verify wheter deployment requirements are being met.

Spectrum bandwidth limit

40. A spectrum limit would restrict the amount of mmWave spectrum that a licensee can acquire in any given area. This would prevent a scenario where the entire mmWave NCL licensing band is held by one or two licensees, thereby preventing access by other users.

41. With the anticipated spectrum efficiencies that new 5G equipment will bring, ISED is of the view that a spectrum limit of 400 MHz would balance the importance of enabling the deployment of quality 5G applications with the objective of facilitating access for new users. Therefore, each NCL licensee will have a maximum spectrum aggregation limit of 8 blocks of 50 MHz each within any licensed area. For example, if an operator holds a licence for 400 MHz in a certain area and applies for a new licence that overlaps the first licence geographically, the application would be rejected as the 400 MHz limit would be exceeded in the overlapping areas.

42. This spectrum limit applies to all NCL licensees in the 28 GHz band. Any affiliated entities will be treated as a single licensee for the purpose of applying the spectrum limit and may not cumulatively hold more than the maximum amount allowed. Any operator exceeding the spectrum limit will face compliance measures. Further, should NCL licensees become affiliates after obtaining their licences, one of their NCL licences must be returned to ISED if the affiliates' combined holdings exceed the spectrum limit. An affiliated entity is defined as follows:

• 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.

43. ISED is consutling on the definition of an Affiliate as part of the Consultation on a Fee Framework and Amendments to Conditions of Licence for Certain Spectrum Licences Used to Provide Commercial Mobile Services Below 10 GHz. As such, ISED may revise the Affilate definition in this Addendum and the NCL licensing Framework if the definition is changed as a result of that consultation.

Time limit measures

44. While ISED recognizes the importance of facilitating access for spectrum users, it is also aware that licence area limits and spectrum bandwidth limits may not need to be in place indefinitely, particularly if spectrum remains unlicensed in some areas. However, since it is unknown how long users will take to plan their business cases for NCL licensing in the mmWave bands, ISED will not set a date for removing the licence area size limits or the spectrum limit at this time. Instead, ISED will monitor the demand for NCL licences and intends to conduct a review of the measures to effectively support access to the mmWave bands in the future.

45. ISED is of the view that implementing measures to support local access to the mmWave bands will promote a variety of users having access to the spectrum. ISED will continue to monitor the use of the mmWave NCL licences and may implement additional measures should there be any spectrum warehousing or anti-competitive behaviour by licensees.

Decision

6.4 Technical considerations in the 28 GHz band

46. This section outlines the technical considerations of NCL licensed operations in the 28 GHz band. ISED typically develops technical rules that allow for a wide range of usage scenarios, while also encouraging spectral efficiency and orderly coexistence with other users (including non-NCL licensed users) in the same band and in adjacent bands. The appropriate technical rules will be developed following technical consultations for mmWave NCL licensing systems.

6.4.1 Indoor versus outdoor NCL licensed operations

47. In the NCL Licensing Consultation, ISED sought comments on whether to distinguish between indoor and outdoor usage in NCL licensing bands and the potential for different technical rules, including interference mitigation measures.

Summary of comments

48. Stakeholders supported distinguishing between indoor and outdoor usage of NCL licences in all NCL licensing bands. In mmWave bands, some noted that co-channel indoor and outdoor use of different licences could be supported due to higher propagation losses and that both indoor and outdoor mobile wireless equipment is already available for certain 3GPP mmWave bands. However, others opposed the distinction, expressing concerns about the immature equipment ecosystem and noting that making a distinction at this stage could unnecessarily complicate coexistence rules. These stakeholders proposed that ISED only make the distinction if there is enough demand for the indoor and outdoor licences to justify it.

Discussion

49. Although geographical overlap of indoor and outdoor usage in the same frequency blocks could be feasible in certain scenarios where there would be sufficient propagation and building penetration losses, as well as when specific coexistence measures could reduce the potential for interference, ISED is cognizant of the nascent nature of the mmWave ecosystem and use cases, and the potential impact on NCL users at this early stage. ISED will therefore not allow co-channel indoor and outdoor NCL licensing to different licensees operating in the same area using the mmWave bands at this time.

50. ISED will monitor the development of the ecosystem for indoor and outdoor operations, including the integration of coexistence measures within products (e.g. contention-based protocol features) and may revisit this decision in the future. Any changes would be considered through revisions of ISED technical standards at the appropriate time.

Decision

6.4.2 Coexistence between NCL licensed systems

51. In the NCL Licensing Consultation, ISED sought comments on its proposal not to mandate specific technology solutions (e.g. TDD synchronization between systems) to address interference issues, but to instead set technical rules to facilitate coexistence.

Summary of comments

52. Comments received as part of the NCL Licensing Consultation indicated that TDD synchronization of networks constitutes a means to minimize interference between networks operating in mmWave spectrum. However, most respondents recommended that ISED not mandate specific technology solutions to limit potential interference in the band and favoured operators coordinating their systems instead.

Discussion

53. In the NCL Licensing Framework, ISED decided that it would not impose a single set of specific technology solutions to address interference for all NCL licensed bands but would encourage licensees to work together to resolve any potential interference issues as necessary. However, ISED noted that it would set technical rules on a band-by-band basis to facilitate coexistence. It further indicated that specific technology solutions may be considered, including TDD synchronization requirements, to address interference issues in the band under consideration. In addition, ISED noted that it will incorporate appropriate separation distances between NCL licensed areas to facilitate coexistence between mmWave NCL licensed operations, as necessary, during the technical analysis performed in its automated licensing system.

54. ISED is of the view that NCL licensees implementing TDD operations will deploy technologies that are capable of managing and mitigating interference from neighboring operations. The NCL licensing system will generally facilitate coexistence between these operations. However, there is potential for interference when NCL deployments are operating in close proximity. Certain prescriptive blanket interference mitigation measures (e.g. network synchronization) could be imposed by ISED on mmWave NCL licensees. However, ISED believes that applying broad technology-specific interference mitigation measures should only take place as a last recourse since it may unnecessarily constrain certain use cases and result in potentially inefficient use of spectrum.

55. ISED is of the view that mutual cooperation between licensees, when necessary, provides the maximum flexibility to impacted licensees to resolve any interference issues. Licensees could leverage the detailed knowledge of their respective systems and could be in a better position to resolve any interference issues that arise and implement appropriate coexistence mechanisms according to their specific needs.

56. Consequently, ISED will implement certain coexistence measures (e.g. appropriate separation distances) in the NCL licensing system to facilitate coexistence. However, at this time, it does not intend to impose technology-specific coexistence techniques (e.g. mandated TDD synchronization) to manage potential interference in mmWave NCL licensing bands. Instead, ISED encourages licensees to work together to resolve any potential interference issues, as necessary. ISED recognizes that techniques such as TDD synchronization have been widely used between operators on a voluntary basis and has enabled systems to coexist in an effective manner. As indicated above, as part of the NCL Licensing Framework, ISED's automated licensing system will assess the interference potential between existing and prospective NCL licensed systems. Given that not all technical parameters may be available in the automated licensing system, ISED intends to assume equipment, system and deployment characteristics that are considered representative in an effort to maximize spectrum use, balanced with the requirement to facilitate coexistence between users. As such, ISED may consider incorporating the use of TDD synchronization as part of the overall set of assumptions in an effort to reduce unusable areas and increase spectrum availability, even though it is not mandated at this time. As the mmWave ecosystem and deployment scenarios continue to mature, ISED may re-consider these assumptions and other options in the future. Such change would be considered through revisions of ISED technical standards at the appropriate time.

Decision

6.4.3 Coexistence with satellite services

57. In the 2019 mmWave Decision, ISED adopted flexible use in the 27.5-28.35 GHz frequency band. In addition, ISED decided that this band will continue to be shared with co-primary satellite services, as per the Canadian Table of Frequency Allocations, where footnote C47A states: "In the frequency band 27.0-28.35 GHz, use of spectrum for fixed service and mobile service systems will be given priority over fixed-satellite service systems sharing this spectrum on a co-primary basis. The use of the frequency band 27.0-28.35 GHz by fixed-satellite service (Earth-to-space) is limited to low density deployment of earth stations, such as gateways, that will pose minimal constraints upon the deployment of fixed service and mobile service systems."

58. In the NCL Licensing Framework, ISED decided to licence the two services (i.e. satellite and flexible use) on a first-come, first-served basis. ISED further decided to protect earth stations existing prior to the mmWave bands being released for NCL licensing at the parameters at which they were licensed but required that any proposed modifications to such earth stations be evaluated and authorized before they could be implemented. However, because in the 28 GHz band the FSS earth stations are transmitting, ISED is now defining the coexistence approach to be taken between NCL licensed operations and earth station operations through decisions in this Addendum, as per below.

59. Further, many of the decisions made in the 2019 mmWave Decision were based on the expectation that coexistence between flexible use and earth stations operations would be reached through mutual agreements. However, in the NCL Licensing Framework, ISED decided that coexistence would be best facilitated using an automated licensing system.

60. For the purpose of establishing FCFS order, for FSS, the date of receipt of an earth station application in the Spectrum Management System (SMS) will be used, whereas for flexible use, the date of the frequency block(s) assignment by the NCL licensing system to the NCL licence application will be used. This approach reflects the significantly longer time period required for an earth station application to be processed and authorized, compared with the NCL licensing process.

61. The NCL licensing system would take into account the contours of the earth stations, based on technical rules to be established (see contour requirements below).

62. Contours of licensed earth stations and the ones with pending applications will be used to exclude the frequency/block assignments of any proposed NCL licence areas that overlap the contours of earth stations authorized or with pending applications on the same frequencies. Once NCL licence application have been assigned frequency blocks by the NCL licensing systems, ISED would authorize new or modified earth stations in such a way that the existing NCL licenses and NCL licence applications that have been assigned frequency blocks by the NCL licensing system would be protected, based on technical rules to be established.

Decision

6.4.4 Geographic restrictions for earth stations

63. Based on comments received through the NCL Licensing Consultation, ISED expects that the demand for mmWave NCL licences will primarily be in urban areas, and in other smaller but more densely populated areas in more rural or remote areas. To minimize constraints on NCL licensing users in these areas, ISED will no longer accept applications for new earth stations in the 27.5-28.35 GHz range located in and/or whose contours (see section on contours requirements) overlap the metropolitan tier areas listed in annex B, in large population centre (LPCs), or in medium population centre (MPCs). Any proposed modifications to these earth stations would be subject to an assessment of potential changes in the interference environment prior to consideration of authorization based on technical rules outlined below.

64. Statistics Canada categorizes Canadian population centres under the following groups: Large Population Centres (LPCs) with a population of 100,000 or more meanwhile Medium Population Centres (MPCs) with a population between 30,000 and 99,999 and, Small Population Centres (SPCs) with a population between 1,000 and 29,999. LPCs and MPC will be defined by the most recent version of the Census of Population from Statistics Canada.

65. By imposing these geographic restrictions on new satellite earth stations applications and modifications to existing satellite earth stations, ISED is of the view that the population impact based approach (as decided in section 7.2 of the 2019 mmWave Decision) and additional coexistence measures (e.g. avoidance of major infrastructure) are no longer required, and will be rescinded with respect to the licensing of satellite earth stations in the 27.5-28.35 GHz band.

Contour requirements of earth stations

66. To enable the NCL licensing system to account for the interference potential of a transmitting earth station on nearby NCL licensing operations, ISED will require earth station operators to provide contours for their earth stations. Technical details such as the calculation method for these contours will be developed in further consultation with stakeholders. Once finalized, operators of existing earth stations will also be required to provide contours, if necessary.

Earth stations authorized prior to the release of this Addendum

67. Earth stations existing in the metropolitan tier areas listed in annex B, as well as in LPCs and MPCs prior to the release of this Addendum, can continue to operate at the parameters at which they were licensed. In the event that a satellite operator would want to modify an existing earth station, the proposed modifications would be assessed based on the interference environment at the time of the submission of the application. Additionally, the resulting earth station's contours must not extend further into more of any restricted geographic areas than what was previously authorized in order for the modifications to be considered and/or approved.

Entry into force

68. To reflect the decisions on the 27.5-28.35 GHz frequency band released in this Addendum, ISED will release new documentation to replace provisions in GL -10, Interim Guideline for Licensing of Earth Stations in the Fixed-Satellite, Earth Exploration-Satellite and Space Research Services in the Frequency Bands 26.5-28.35 GHz and 37.5-40.0 GHz, that are presently applicable to earth stations in the 27.5-28.35 GHz range. As part of this process, ISED will consult its stakeholders to finalize its earth station contour requirements and procedures.

69. Effective as of the date of release of this addendum, the decisions listed below will be implemented. All other earth station contour requirements currently listed in GL-10, Interim Guideline for Licensing of Earth Stations in the Fixed-Satellite, Earth Exploration-Satellite and Space Research Services in the Frequency Bands 26.5-28.35 GHz and 37.5-40.0 GHz will continue to apply until new documentation containing the technical rules is released.

Decision

6.4.5 Coexistence with other services

70. In the NCL Licensing Consultation, ISED sought comments on technical rules for coexistence between NCL licensed operations and other incumbents in the mmWave bands. This could include a potential scenario where NCL licensing operations are in an adjacent band to an auction band.

Summary of comments

71. The responses to the NCL Licensing Consultation varied. CanWISP and TekSavvy suggested applying the same rules for both in-band and adjacent bands. Qualcomm proposed a technology-neutral, equipment-based sharing approach and Rogers suggested using power-flux density thresholds. Sogetel advocated for collaboration among licensees and TELUS recommended an automated assessment process, along with TDD synchronization or mitigation techniques (e.g. guard bands within NCL licensed bands, filtering, site shielding of NCL licensed deployments).

Discussion

72. ISED has yet to make a decision as to how any mmWave frequency bands may be licensed through an auction. The technical parameters for flexible use in any mmWave bands that may be auctioned have not been established at this time. In the event that the upper 26 GHz frequency band (26.5-27.5 GHz) is to be auctioned, there is a potential for interference between future upper 26 GHz flexible use operations and NCL licensed operations in the 28 GHz band.

73. Should the upper 26 GHz be made available through auction, NCL licensees with stations operating in the first two blocks immediately adjacent to commercial mobile operations (i.e. blocks AA1 (27.5-27.55 GHz) and AA2 (27.55-27.6 GHz) of figure 1) could likely operate successfully by coordinating with relevant adjacent band licensees. However, due to the nature of the NCL licensing process and stakeholders, ISED recognizes that coordination typically involves a very limited number of parties who are well versed in the coordination process and some NCL licensees may lack prior coordination experience. Therefore, NCL licensees could face challenges coordinating with auctioned spectrum licensees operating in the upper 26 GHz band, which could result in expectations of NCL licensees with respect to being protected from adjacent band interference. Considering the potential risk, as well as the importance of maximizing spectrum use, ISED will allow NCL licences to be issued for stations operating on frequency blocks AA1 or AA2, but these licences will be on a no-interference, no-protection basis with respect to flexible use services in the upper 26 GHz band. Should the upper 26 GHz band be auctioned, NCL licensees operating in blocks AA1 or AA2 will be expected to work cooperatively with adjacent upper 26 GHz band flexible use licensees operating in close proximity, prior to deploying NCL licensed stations. However, this will not preclude NCL licensees operating on blocks AA1 or AA2 vis-à-vis other in-band NCL licensed operations or services in the 28 GHz NCL licensing band from being subject to the same licensing and technical rules for coexistence with adjacent block operations. ISED will revisit this issue if the upper 26 GHz band is not auctioned.

74. ISED believes that TDD synchronization, as well as the use of other mitigation measures (e.g. site screening), can effectively manage potential interference between NCL licensed systems and potential adjacent band commercial mobile service flexible use systems. However, as indicated above, ISED will refrain from mandating TDD synchronization to address interference at this time.

Decision

6.5 Conditions of Licence

75. As noted in the NCL Licensing Framework, additional conditions of licence may be applied on a band-by-band basis, particularly with respect to measures to support local access to NCL licensed bands. Annex A in this addendum details the complete list of conditions for licences in the 28 GHz NCL licensing band.

Decision

76. In July 2019, ISED published DGSO-008-19, Decision on a New Set of Service Areas for Spectrum Licensing, which describes the methodology employed to create the Tier 5 Service areas for competitive licensing. Altogether, 654 Tier 5 service areas were created, spanning over the territory of Canada, each labelled with a classification as either metropolitan, urban, rural, or remote. However, a few Canadian islands lie outside these Tier 5 service areas, and thus, currently have no classification.

77. Tier 5 service area type(s) of a given NCL licence area are used to estimate the fees of the NCL licence. Given that applicants may request NCL licences on these unclassified land masses, to facilitate management and processing of these licences, ISED will classify any land mass outside the defined Tier 5 service areas as remote.

Decision

78. All ISED publications related to spectrum management and telecommunications are available on the Spectrum Management and Telecommunications website.

79. For further information concerning the process outlined in this document or related matters, contact:

Innovation, Science and Economic Development Canada
Spectrum Regulatory Policy
Senior Director
6th Floor, East Tower
235 Queen St
Ottawa ON K1A 0H5

Telephone: 613-219-5436
TTY: 1-866-694-8389
Email: spectrumauctions-encheresduspectre@ised-isde.gc.ca

The following conditions will apply NCL licences in the 27.5-28.35 GHz band.

It should be noted that the licences are subject to the relevant provisions in Radiocommunication Act and the Radiocommunication Regulations, as amended from time to time. For example, the Minister of Innovation, Science and Industry (the Minister) continues to have the power to amend the terms and conditions of spectrum licences, under paragraph 5(1)(b) of the Radiocommunication Act. The Minister may do so for a variety of reasons, including furtherance of the policy objectives related to the band. Such action would normally only be undertaken after consultation.

A1. Licence term

If this licence is renewable: This licence will expire on March 31 each year. Licensees have a high expectation that a new licence will be issued for a subsequent annual term, upon payment of the relevant fee, unless a breach of licence condition has occurred, a fundamental reallocation of spectrum to a new service is required, or an overriding policy need arises.

If this licence is temporary: This licence expires on the date set out on its face and is not renewable.

A2. Eligibility

The licensee must comply on an ongoing basis with the applicable eligibility criteria in subsection 9(1) of the Radiocommunication Regulations.

A3. Restrictions on commercial mobile service providers

Any entity, or affiliate of that entity (as defined in section 6.3 of the Addendum to the Non-Competitive Local Licensing Framework to include Spectrum in the 27.5-28.35 GHz Band), with 100,000 or more retail mobile phone subscribers as reported to the Canadian Radio-television and Telecommunications Commission (CRTC) through its Annual Telecommunications Survey is ineligible to hold this licence for the blocks from AA9 to AA17 (27.9 GHz to 28.35 GHz) in the 27.5-28.35 GHz band.

A4. Fees

This licence will be subject to licence fees established for this band in Notice No. SPB-003-23 – Fee Order for Non-Competitive Local Licensing.

A5. Licence transferability, divisibility and subordinate licensing

This licence is not transferable in whole or in part and cannot be divided or subordinated.

A6. Bandwidth limit

Any licensee, including affiliates of that licensee, may not hold licences in an area where their aggregate bandwidth exceeds 400 MHz. For the purposes of this condition, an affiliate is 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. Further, should the licensee become an affiliate with another licensee in the 28 GHz band after the issuance of this licence, one of the affiliates' licences, as chosen by the affiliates, must be returned to Innovation, Science and Economic Development Canada (ISED) if the affiliates' combined holdings exceed 400 MHz.

A7. 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.

A8. Provision of Technical Information

The licensee must provide, and maintain, up-to-date technical information related to associated radiocommunications installations that are in service within one month of the issuance of this licence. The licensee must provide or otherwise update and confirm the accuracy of their data relating to all in-service installations on a monthly basis, regardless of whether any changes have occurred. If there are no radiocommunication installations in service associated to this spectrum licence, the licensee must indicate this as well.

The licensee must adhere with all other definitions, criteria, and timelines specified in Client Procedures Circular CPC-2-1-30, Technical Information Associated with Radiocommunication Installations, as amended from time to time.

A9. Compliance with legislation, regulation and other obligations

The licensee is subject to and must comply with the Radiocommunication Act and the Radiocommunication Regulations, as amended from time to time. The licensee must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the spectrum policies applicable to this band, as amended from time to time. The licence is issued on condition that all representations made in relation to obtaining this licence are all true and complete in every respect.

A10. Lawful interception

A licensee operating as a telecommunications common carrier using the spectrum for 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 provided in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95). These standards may be amended from time to time.

The licensee may request the Minister to forbear from enforcing certain assistance capability requirements for a limited period of time. 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 with the requirement can be expected.

A11. Deployment requirements

The licensee will be required to demonstrate to the Minister, through site upload information, that the spectrum has been put to use within two years of the initial licence issuance date to the levels set out in the Addendum to the Non-Competitive Local Licensing Framework to include Spectrum in the 27.5-28.35 GHz Band. Only stations that are actively being used for radiocommunication (as defined in the Radiocommunication Act) shall be considered valid deployments for the purposes of meeting this condition.

The licensee is required to meet these conditions at all relevant times during the licence term and to continuously provide services throughout the term of the licence in accordance with these requirements.

The licensee must provide the Minister with any documentation or information related to deployment at the Minister's request.

This condition does not apply to temporary licences of less than one year's duration.

NCL licensees may deploy base stations anywhere within their licence areas. However, NCL licensees must not transmit to devices and/or receivers outside of their licence areas.

A12. Reporting

Upon request from ISED, licensees must provide information to the Minister, including but not limited to:

• 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
• other information related to the licence as specified in any notice updating the reporting requirements as issued by the Minister

All reports and statements are to be certified by an officer of the company and submitted, in writing, within the time frame set out in the request. Confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.

Reports are to be submitted to the Minister at the following address:

Innovation, Science and Economic Development Canada
Spectrum Management Operations Branch
Manager, Operations
6th Floor, East Tower
235 Queen St
Ottawa ON K1A 0H5

A13. Technical considerations, and international and domestic coordination

The licensee must comply on an ongoing basis with the technical aspects of the appropriate Radio Standards Specifications (RSS) and Standard Radio System Plans (SRSP), as amended from time to time.

The licensee must comply with the obligations arising from current and future frequency coordination agreements established between Canada and other countries and shall be required to provide information or take actions to implement these obligations as indicated in the applicable SRSP.

NCL licences for systems operating on blocks AA1 or AA2 (i.e. 27.5-27.55 GHz and 27.55-27.6 GHz) are issued on a no-interference, no-protection basis with respect to flexible use services in the upper 26 GHz band (i.e. 26.5-27.5 GHz).

A14. Mandatory antenna tower and site sharing

A licensee that is using this spectrum as a telecommunications common carrier, as defined in the Telecommunications Act, must comply with the mandatory antenna tower and site sharing requirements 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, as amended from time to time.

A15. Mandatory roaming

A licensee that is using this spectrum as a telecommunications common carrier, as defined in the Telecommunications Act, must comply with the roaming requirements 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, as amended from time to time.

A16. Amendments

The Minister retains the discretion to amend these terms and conditions of licence at any time.

ISED will not accept applications of new earth stations sited in and/or whose contours overlap the following metropolitan tier 5 service areas, as well as in LPCs and MPCs.