Decision on the Notice of Application Received from Ligado Networks (Canada) Inc. for Ancillary Terrestrial Component (ATC) Authority in the L-Band

1. Through the release of this document, Innovation, Science and Economic Development Canada (ISED) on behalf of the Minister of Innovation, Science and Industry (the Minister), announces the decisions related to the Notice of Application Received from Ligado Networks (Canada) Inc. for Ancillary Terrestrial Component Authority in the L-Band (1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz) (the Notice).

2. All comments and reply comments received on the Notice are available on ISED’s website. Comments and/or reply comments to the Notice were received from (either independently or as a group of concerned parties):

• Aerospace and Flight Test Radio Coordinating Council, Inc. (AFTRCC)
• Aerospace Industries Association of Canada (AIAC)
• Airbus
• Air Canada Pilots Association (ACPA), Flight Safety Division
• Aircraft Owners and Pilots Association (AOPA)
• Aireon LLC
• Air Line Pilots Association (ALPA)
• Airlines for America (A4A)
• Air Transport Association of Canada (ATAC)
• Association of Nova Scotia Land Surveyors (ANSLS)
• L’Association québécoise du transport aérien (AQTA)
• Canadian Business Aviation Association (CBAA)
• Canadian Coast Guard (CCG)
• Canadian Owners and Pilots Association (COPA)
• Canadian Space Agency (CSA)
• Cargo Airline Association (CAA)
• Deere & Company
• Department of National Defence (DND)
• Environment and Climate Change Canada (ECCC)
• FLYHT Aerospace Solutions Ltd.
• Garmin International, Inc.
• General Aviation Manufacturers Association (GAMA)
• GPS Innovation Alliance (GPSIA)
• Helicopter Association of Canada (HAC)
• Hexagon
• International Air Transportation Association (IATA)
• Iridium Communications Inc. (Iridium)
• Ligado Networks (Canada) Inc. (Ligado Canada)
• Maciej Bazanowski, P.Eng., Department of Service Nova Scotia and Internal Services
• Manitoba Aviation Council (MAC)
• National Air Carrier Association (NACA)
• National Airlines Council of Canada (NACC)
• National Business Aviation Association (NBAA)
• Natural Resources Canada (NRCan)
• NAV CANADA
• Northern Air Transport Association (NATA)
• NovAtel
• Ocean Networks Canada (ONC)
• Parallel Geo-Services Inc.
• Professional Surveyors Canada (PSC)
• Qualcomm Incorporated (Qualcomm)
• Regional Airline Association (RAA)
• Robyn Ash, P.Surv, Nova Scotia Land Surveyors
• Rogers Communications Canada Inc. (Rogers)
• Shared Services Canada (SSC), Network and Security Services
• Skytrac Systems Ltd.
• Sunil Bisnath, Ph.D., P.Eng., York University
• TerreStar Solutions Inc.
• Transport Canada (TC)
• Trimble Inc. (Trimble)

3. 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 goals and national policies for spectrum utilization and for ensuring the effective management of the radio frequency spectrum resource.

4. In developing this decision paper, ISED is guided by the policy objectives of the Telecommunications Act, and the Spectrum Policy Framework for Canada (SPFC), which states that the objective of the spectrum program is to maximize the economic and social benefits that Canadians derive from the use of the radio frequency spectrum resource. This objective and the enabling guidelines listed in the SPFC remain relevant for guiding ISED in delivering its spectrum management mandate.

5. The enabling guidelines of the SPFC state that spectrum management practices, including licensing methods, should respond to changing technology and marketplace demands. In addition, these guidelines state that spectrum policy and management should support the efficient functioning of markets by permitting the flexible use of spectrum to the extent possible, by making spectrum available for use in a timely fashion and by ensuring that appropriate interference protection measures are in place.

6. By ensuring that the spectrum being made available reflects global trends, emerging standards and the equipment ecosystem that is expected to materialize in the coming years, Canada will continue to position itself to benefit from advanced wireless technologies while ensuring the continuity of existing critical infrastructure and services.

7. ISED consulted via the Notice on August 19, 2022, seeking comments from stakeholders and the general public prior to making a decision regarding an application received from Ligado Networks (Canada) Inc. (Ligado Canada) for authority to provide Ancillary Terrestrial Component (ATC) mobile services over 30 MHz of its licensed Mobile Satellite Services (MSS) spectrum in the L-band (1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz).

8. In its application, Ligado Canada requested an authorization to provide ATC mobile services in the 1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz frequency ranges in accordance with Radio Systems Policy RP-023, Spectrum and Licensing Policy to Permit Ancillary Terrestrial Mobile Services as Part of Mobile-Satellite Service Offerings. It also requested that ISED modify certain RP-023 requirements and adopt similar operational requirements and technical rules as identified by the U.S. Federal Communications Commission (FCC) in its 2020 Order and Authorization, FCC 20-48, Ligado Amendment to License Modification Applications [PDF: 1,199 KB]. Adopting these rules and operational requirements would allow Ligado Canada to provide ancillary terrestrial mobile services using its licensed MSS spectrum.

9. The request does not align with the 2004 RP-023, which established a set of spectrum and licensing policy principles to oversee the implementation of ATC as an integral part of the MSS offering. The principles provided guidance for the deployment of ATC mobile applications in conjunction with any MSS network operating in the “L-band” (1525-1559 MHz and 1626.5-1660.5 MHz), the “2 GHz band” (2000-2020 MHz and 2180-2200 MHz) and the “Big LEO bands” (1610-1626.5 MHz and 2483.5-2500 MHz). RP-023 was updated in 2014 to remove the 2 GHz band, reflecting the publishing of SLPB-008-14, Decision on a Policy, Technical and Licensing Framework for Mobile Satellite Service and Advanced Wireless Service (AWS-4) in the Bands 2000-2020 MHz and 2180-2200 MHz (the 2 GHz Decision), as a separate document. The 2014 revision of RP-023 did not update the ATC policy for the remaining frequency bands. A consultation on Ligado Canada’s request was therefore required.

10. Through the Notice, ISED consulted on various policy and technical aspects related to Ligado Canada’s ATC application.

Summary of comments

11. There were 38 comments and 3 reply comments received during the consultation period. Of the 38 comments received, 36 came from aviation industry, global positioning system (GPS) hardware manufacturers, communication hardware manufacturers, surveying service providers, communication service providers and government users, who expressed concerns regarding potential adjacent band interference. With regards to the 2 other comments received, TerreStar Solutions Inc. supported authorizing ATC deployment to Ligado Canada, while Rogers suggested adopting the same technical constraints as in the U.S., should the application be approved. Of the 3 reply comments received, Ligado Canada responded to comments received during the original comment period, while Iridium and GPSIA reiterated their concerns with the ATC application.

General comments

12. The majority of respondents expressed concerns about the potential impact of Ligado Canada’s ATC service on Global Navigation Satellite System (GNSS) receivers, in particular the high-precision GPS receivers. The concerns included impact on applications such as aviation aids, navigation, land survey, natural disaster warning (e.g. seismic activity warning, flood warning) and collision avoidance. Respondents operating these applications indicated that the studies performed in the U.S. process may be insufficient to address the potential harmful interference issue, mainly due to disagreement with the methodology and the metrics used to assess harmful interference. They also indicated that the studies considered only single-entry interference, which did not address a more likely deployment scenario of multiple base stations. Some of the respondents proposed to conduct studies in a collaborative manner to address the issues based specifically on the Canadian situation.

13. Furthermore, there were diverging views on the U.S. National Academies of Sciences, Engineering, and Medicine report (the NASEM report) on the review of the FCC’s 2020 Order and Authorization. About one-third of the respondents believed that the NASEM report pointed out potential discrepancies in the FCC’s 2020 Order and Authorization, while Ligado Canada believed that the NASEM report supported the decisions on the FCC’s 2020 Order and Authorization and indicated that the majority of the GPS devices would be unaffected by ATC operating in accordance with the U.S. rules.

14. In its reply comments, Ligado Canada, although not in agreement with comments from the majority of the respondents, indicated that it is willing to address concerns with stakeholders.

Dual-mode waiver request

15. Some respondents suggested that granting a waiver from the dual-mode requirement could potentially increase the ATC tower deployments in order to provide sufficient coverage and capacity to the end users. It was argued that this would increase the potential of harmful interference to GPS receivers due to aggregate interference from multiple ATC towers. Airbus mentioned that ATC is required to protect the primary services, including Ligado Canada’s own MSS, and therefore a stand-alone ATC operation would be impractical. Rogers pointed out that ISED had previously removed the dual-mode requirement for other ATC applicants for the benefit of a greater equipment ecosystem.

EIRP limit of 28.9 dBW

16. AFTRCC expressed concerns regarding Ligado Canada’s request for a higher equivalent isotropically radiated power (e.i.r.p.) level for ATC base stations and suggested the inclusion of conditions to protect aeronautical mobile telemetry (AMT) sites in the U.S. from cross-border interference. Aircraft operators opposed allowing a higher e.i.r.p. of 28.9 dBW on the ground, adding that such an e.i.r.p. level could impact GPS receivers on board aircraft, particularly for airspace below 300 feet. HAC noted that the helicopter terrain awareness warning systems (HTAWS) are routinely used for low-altitude flights in reduced visibility in urban areas, during events such as forest fires or flood relief. It proposed to conduct a third-party assessment to ensure the proposed e.i.r.p. level would have no detrimental effects on national airspace systems. Some other respondents suggested that the analysis from Ligado Canada did not demonstrate the impact of multiple ATC base stations, especially in the vicinity of airports and waterways. Rogers stated that ISED should consider adopting the more stringent e.i.r.p. level required in the U.S. as the HTAWS issue is currently under review at Transport Canada, which could eventually lead to the mandating of HTAWS in Canada. Trimble commented that the FCC adopted the e.i.r.p. limit of 9.8 dBW to benefit other operations such as certified aviation GPS receivers for unmanned aircraft systems.

17. DND expressed concerns regarding the impact on its aircraft operations, and pointed out the unique requirements of terrain awareness warning systems (TAWS) given the significant coverage gap of barometric stations in Canada. NAV CANADA indicated that the safety of their air traffic operations depends on high-precision GNSS receivers. ECCC also indicated its operations could be affected by the higher e.i.r.p. limit proposed by Ligado Canada. NACC/ATAC/IATA suggested that Ligado Networks LLC’s analysis in the U.S. process did not include the impact on the velocity and integrity components of GNSS data that are critical to the operation of precision navigation and approach in civil aviation.

18. Qualcomm was also concerned about the impact of a higher e.i.r.p. on mobile devices, including Internet-of-Things devices, due to the extended range of unwanted emissions. It was also concerned about the impact on navigation data during an emergency. It further pointed out that the Ligado Canada’s ATC application has insufficient information to justify the request.

19. Ligado Canada was of the opinion that since HTAWS is not mandated in Canada, the e.i.r.p. of 9.8 dBW stipulated in the U.S. rules should not be adopted in Canada. Ligado Canada also pointed out that such aviation aids are not authorized for takeoff and landing in Canada. Ligado Canada stated in its reply comments that it could accept the same e.i.r.p. limit adopted in the U.S. and could consider requesting a higher limit later.

RSS-170 out-of-band emission limits

20. Many respondents raised concerns regarding the potential impact of the proposed out-of-band emission (OOBE) limits on satellite communication. Ligado Canada proposed that ISED maintain the OOBE limits in the existing Radio Standards Specification RSS-170, Mobile Earth Stations and Ancillary Terrestrial Component Equipment Operating in the Mobile-Satellite Service Bands, in lieu of the more stringent OOBE limits adopted in the U.S, as contained in the FCC’s 2020 Order and Authorization. Many respondents suggested that the proposed ATC system operating at the more relaxed OOBE limits in RSS-170 would cause harmful interference to satellite communication systems that are used on board aircraft and ships, such as the downlink portion of the Iridium satellite communication service.

21. Iridium indicated that the NASEM report confirmed its MSS system would be affected if the proposed ATC system operated at the OOBE limit in the U.S. rules. It also suggested that its MSS downlink is only secondary to its own MSS uplink in the same frequency band. Therefore, its downlink is protected by its uplink assignment. Some respondents, including Iridium, also suggested that there were no studies to demonstrate the proposed relaxing of the OOBE limits would not cause harmful interference to other communication systems operating in the adjacent band.

22. Ligado Canada suggested that the reasoning for the stricter OOBE limits in the FCC’s 2020 Order and Authorization is not transferable to Canada and that ATC user equipment should only have to meet the OOBE limit currently specified in RSS-170, issue 4. In addition, Ligado Canada stated in its reply comments that the MSS downlink of Iridium’s satellite system in the 1617.775-1626.5 MHz band is operating on a secondary basis, and is therefore not entitled to protection from ATC according to RP 023.

Other considerations

23. Many respondents provided additional views on Ligado Canada’s ATC application. Airbus recommended that careful analysis be performed before any relaxation of rules. CCG stated that the ability for GPS receivers to reject interference differs from one receiver to another. It suggested that certified maritime GPS receivers should be tested before deployment of the proposed ATC system as such GPS receivers were not included in the U.S. Department of Transportation assessment. DND noted that Ligado Canada’s ATC application did not address the conditions imposed by the FCC in the U.S., such as the requirement to support and coordinate with affected federal users, and to retrofit affected equipment consistent with their needs. It also raised concerns about interference into GPS receivers on board remote piloted aircraft systems, which are usually operated beyond line-of-sight.

24. ECCC stated that it has a significant number of monitoring stations in urban areas that depend on GPS for accurate data collection. It also suggested that interference into GPS receivers may not be identified in a timely manner, which could impact meteorological satellite services. NRCan suggested to establish a test site for GPS users to test their GNSS receivers before any ATC deployment. HAC stated that the industry intends to push to implement HTAWS for helicopter operations in Canada. Some respondents (e.g. ECCC, GPSIA, Deere and Company, NRCan, Rogers) explicitly supported imposing additional conditions to facilitate coexistence.

Discussion

General comments

25. ISED recognizes the concerns of potential interference raised by respondents and notes that it has been monitoring the developments in the U.S. on this issue. ISED also recognizes concerns raised by the operators of critical infrastructures regarding the potential detrimental effects of the proposed ATC system on the safety of life of Canadians. On the other hand, ISED acknowledges the efforts made by Ligado (including Ligado Canada) for over a decade to attempt to resolve any interference issues with stakeholders in the GNSS community.

26. ISED notes that there continues to be significant divergence of views between stakeholders in the U.S. process, even since the issuance of the FCC’s 2020 Order and Authorization, as well as in Canada based on the comments received. In response to the Notice, a significant number of respondents have expressed their concerns, signalling the importance of this issue and the potential impact to Canadians.

27. The NASEM report reviewed the FCC’s 2020 Order and Authorization and provided an assessment on three main tasks, namely 1) interference evaluation methods used in the proceeding; 2) potential harmful interference to GPS, MSS and military operations; and 3) feasibility, practicality and effectiveness of the interference mitigation measures identified by the FCC. The report did not endorse the interference metrics used in the studies that led to the FCC decision, as neither of the two methods could provide an engineerable, predictable standard. The report also identified some concerns, namely potential harmful interference to high-precision GPS receivers and Iridium’s satellite system downlink, as well as military GPS operations. High-precision GPS receivers are mainly used by incumbents operating critical infrastructures or services.

28. The conclusion of the NASEM report suggested that an appropriate methodology for evaluation of harmful interference into GPS receivers will need to be developed, and the interference criteria will need to be reviewed. The report also pointed out that high-precision GPS receivers currently in operation and Iridium user terminals will likely need additional protection. Furthermore, given the limited scope of the NASEM report, ISED notes that there could be other issues to be addressed. ISED is therefore of the view that a more in-depth review of the potential interference to adjacent band services, including thorough studies on the various technical issues, will be needed prior to considering an authorization for ATC in the requested bands.

29. ISED recognizes the importance of the harmonization of technical standards in order to benefit from economies of scale and the availability of a North American equipment ecosystem; however, given the ongoing concerns with respect to interference to adjacent band services and the criticality of some of these services to Canadians, ISED is of the view that it would be premature to grant Ligado Canada an ATC authorization at this time. ISED strongly encourages concerned parties to study the issue together with Ligado Canada to resolve any interference concerns within the Canadian environment.

Decision

Discussion on other considerations

30. Although ISED’s decision (D1) to deny Ligado Canada’s ATC application includes denial of the following specific requests, discussion points on these elements are included below for consideration towards potential future applications.

Dual-mode waiver request

31. ISED recognizes that a waiver from the dual-mode requirement was granted in the past for ATC operations in the 2 GHz and 2.4 GHz bands. As mentioned in the Notice, the removal of this requirement in the past was motivated by the fact that no cost-effective dual-mode user equipment ecosystem has emerged and that the imposition of MSS requirements would be sufficient to ensure the ongoing delivery of MSS in the absence of a dual-mode requirement. As noted by ISED, similar factors apply in the L-band, and removing the requirement would not prevent dual-mode equipment from being deployed, should a viable ecosystem develop. Such considerations will continue to guide decision making on future requests of this nature.

EIRP limit of 28.9 dBW

32. In its application, Ligado Canada requested an e.i.r.p. limit of 28.9 dBW for ATC base stations. This proposal is 19 dB higher than the level authorized in the FCC’s 2020 Order and Authorization. The rationale from Ligado Canada was that the e.i.r.p. level in the U.S. rules is intended to protect the very limited cases of HTAWS, and HTAWS is not mandated by Transport Canada. ISED notes the absence of studies to support the need for such an e.i.r.p. level for the operation of the proposed ATC system in Canada.

33. As pointed out by Rogers, the use of HTAWS may eventually be mandated by Transport Canada in the future. Furthermore, interference to GNSS receivers is difficult to identify, adding another layer of risk to the helicopter operators responding to an emergency using HTAWS as aviation aids. ISED will continue to consider developments in these areas in the event of future requests related to these aspects.

RSS-170 out-of-band emission limits

34. As ISED noted in the Notice, RSS-170 out-of-band emission limits for the L-band were established in 2011. For the 2 GHz and 2.4 GHz frequency bands, the ATC technical specifications in RSS-170 were modified based on the 2 GHz Decision and the Globalstar ATC authorization, in which ISED decided to harmonize with the U.S. in order to benefit from a greater equipment ecosystem.

35. Many respondents were concerned about the proposal from Ligado Canada to use the existing OOBE limits in RSS-170, issue 4, in lieu of the more stringent OOBE limits adopted in the FCC’s 2020 Order and Authorization. The proposed ATC services were not considered at the time the OOBE limits currently in RSS-170 were developed.

36. In terms of the status of ATC, sections 5 (c) vii and viii of RP-023 stipulate the requirements for ATC systems to protect other primary radio services operating in accordance with the International Table of Frequency Allocations in adjacent bands. This is based on the understanding stated in section 5 (c) iii of RP-023 that an ATC system is an integral and indefeasible component of the associated primary MSS system. ISED will factor such considerations into any future decisions on requests for ATC use in Canada, and update existing standards accordingly to ensure the protection of primary services, both in band and in adjacent bands.

37. ISED appreciates comments from all the parties on additional considerations for assessing Ligado Canada’s ATC application. Some comments focused on GPS receiver testing based on a more realistic deployment scenario and inclusion of conditions imposed in the U.S. rules. ISED agrees that tests should be conducted to evaluate the real impact to different GNSS receivers used in Canada.

38. As mentioned above, ISED strongly encourages the collaboration between concerned parties to assess the potential for interference from proposed ATC services in the 1525-1559 MHz band into GNSS receivers in the adjacent band. Such studies would certainly facilitate consideration of any future applications for ATC in the L-band. ISED understands that the GNSS industry and its users are aware of GNSS receiver performance issues in the L-band and encourages them to address these issues as quickly as possible to maximize the efficient use of the spectrum.

39. ISED reiterates that the development of ATC in this band and other MSS frequency bands is still ongoing. As the development in these other frequency bands matures, ISED will consult more comprehensively on a review of RP-023.