Improving Indigenous Access to Spectrum: Draft Indigenous Priority Window Spectrum Policy Framework

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SPB-002-24
January 2024

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Contents

1. Executive summary

Innovation, Science and Economic Development Canada (ISED) is committed to improving Indigenous access to spectrum and supporting Indigenous-led connectivity solutions. To this end, we are initiating an engagement process to seek input on a new draft spectrum policy framework called the Indigenous Priority Window (IPW).

A number of Indigenous partners have identified an IPW as a mechanism that could enable Indigenous applicants to obtain spectrum licences in a particular spectrum band, on a first-come, first-served (FCFS) basis. ISED will first apply the IPW to the 800 MHz (Cellular) band and the 1900 MHz Personal Communications Services (PCS) band licences made available through the Decision on New Access Licensing Framework, Changes to Subordinate Licensing and White Space to Support Rural and Remote Deployment (Access Licensing Framework). These spectrum licences can be used to enable wireless solutions, such as the provision of cell phone or wireless home Internet services, or to provide connectivity in mines, farms, or other areas.

Development of the IPW will include in-person and virtual engagement sessions. Through these sessions we will collaborate with interested Indigenous Peoples, communities, service providers, businesses, and organizations to inform the final IPW Spectrum Policy Framework. To support the initiative, ISED has developed the Spectrum and the Indigenous Priority Window website, which contains informational resources, as well as the engagement plan and the schedule of the engagement sessions.

Note that for the purposes of this draft IPW Spectrum Policy Framework document, the term “Indigenous” is inclusive of all First Nations, Inuit, and Métis Peoples of Canada. Similarly, “Indigenous partners” will refer to all Indigenous Peoples, communities, service providers, businesses, and organizations.

2. How it all started

In June 2021, the Government of Canada put the United Nations Declaration on the Rights of Indigenous Peoples Act (the Act) into force. The purpose of this Act is to advance the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Following the announcement of the Act, in June 2023, the Government of Canada published The United Nations Declaration on the Rights of Indigenous Peoples Act: Action Plan (Action Plan) The goal of this Action Plan is to implement the Act based on lasting reconciliation, healing, and cooperative relations. The Action Plan was developed in consultation and cooperation with Indigenous Peoples and will be periodically reviewed and amended in consultation and cooperation with Indigenous Peoples.

The 2021 Speech from the Throne by the Governor General of Canada also reiterated the priority the Government of Canada is placing on reconciliation with Indigenous Peoples. In this context, ISED is committed to advancing reconciliation across all of its business lines.

2.1 Indigenous connectivity landscape

The 2023 Report from the Office of the Auditor General of Canada on Connectivity in Rural and Remote Areas noted that only 42.9% of First Nations reserves had access to high-speed Internet at speeds of 50/10 Mbps in 2021, compared with 99.3% of urban areas and 59.5% of rural and remote areas. Most unserved or underserved Indigenous communities are located in rural and remote areas that are hard to connect using traditional wired fibre solutions. In these areas, spectrum is often needed to enable the wireless solutions that will drive 100% connectivity by 2030, a target set out in the High-Speed Access for All: Canada’s Connectivity Strategy.

In rural and remote Indigenous communities, better access to spectrum can accelerate broadband connectivity, establish reliable cell phone service, improve access to emergency services, and create more economic opportunities for Indigenous businesses. Indigenous groups such as the Assembly of First Nations have further called for more inclusive and collaborative ways of assigning spectrum over their lands.

2.2 What we have heard so far

Since Fall 2022 ISED has been actively meeting with National Indigenous Organizations, Indigenous connectivity advocates and associations, Indigenous-owned wireless/wireline service providers, and peer regulators. Our outreach efforts have focused on how ISED could improve Indigenous People’s access to spectrum.

In addition, we also received feedback on Indigenous spectrum access in recent spectrum framework consultations, including the:

So far, ISED has heard that spectrum access is a key priority for many Indigenous partners. Some Indigenous partners have called upon ISED to apply the Act to its spectrum management policies and view Indigenous Peoples as rights holders. Some partners also state that Indigenous Peoples should be given priority to the spectrum over their lands, that they should be able to generate their own-source revenues from spectrum, and that they should be able to develop Indigenous-led-and-owned connectivity solutions for their communities.

Several Indigenous respondents to recent consultations, such as Eeyou Communications Network and the First Mile Connectivity Consortium, have suggested that ISED adopt a similar approach to the 2.5 GHz Rural Tribal Window implemented by the Federal Communications Commission in the United States. This approach would enable Indigenous service providers to obtain a spectrum licence on a priority basis. Some respondents also identified a priority access window as a potential tool for economic reconciliation that can provide greater self-determination for communities.

2.3 Taking action

ISED is committed to delivering innovative spectrum management policies and practices that are inclusive of all people living in Canada and recognizes that more can be done to enable Indigenous access to spectrum.

As a first step, we are proposing to develop an IPW Spectrum Policy Framework, which would enable Indigenous applicants priority access to spectrum made available through a spectrum licensing process. As announced through the Access Licensing Framework, we will initially be applying an IPW to the 800 MHz (Cellular), and the 1900 MHz Personal Communications Services (PCS) licences made available through the access licensing process. We understand that for an IPW Spectrum Policy Framework to respond to economic development principles identified through various reports, including the Act, we must engage and collaborate on its development. Section 3 below outlines our approach to establishing the IPW Spectrum Policy Framework.

2.4 Other spectrum initiatives

ISED has introduced other initiatives to support Indigenous Peoples’ access to spectrum. For example, in May 2023, the Decision on a Non-Competitive Local Licensing Framework, Including Spectrum in the 3900-3980 MHz Band and Portions of the 26, 28 and 38 GHz Bands (NCL licensing framework) introduced a new localized licensing approach, which is uniquely suited to provide access to spectrum that can support connectivity to Indigenous communities. This approach will provide applicants with the ability to obtain spectrum licences and serve highly localized areas such as a small community, industrial operation, or university campus. These areas can be much smaller than the tier-based service areas for competitive licensing, which makes this approach uniquely suited to provide access to spectrum that can advance connectivity to localized areas such as Indigenous communities.

Furthermore, through the Spectrum Outlook 2023 to 2027, ISED signalled that Indigenous connectivity will be one of the key priorities for the spectrum program going forward. The intent is also to begin dialogue with Indigenous Peoples on issues related to spectrum access.

Finally, to better support and facilitate this work, we created a new Indigenous Spectrum Policy Team with a mandate to engage with Indigenous groups in order to better inform spectrum policy development. This team will lead the engagement on the IPW Spectrum Policy Framework, and continue the conversation on spectrum access with Indigenous partners.

3. Drafting the Indigenous priority window spectrum policy framework

Through this document, ISED is seeking to establish criteria that can be applied to the IPW for the Cellular and PCS spectrum licences made available through the Access Licencing Framework. This document also seeks to establish some general criteria to determine how the IPW could be applied to other spectrum bands in ISED’s future spectrum licensing processes. That said, ISED may once again engage with interested partners to determine how the IPW will apply to other spectrum bands that are a part of future ISED licensing processes.

As mentioned above, the IPW Spectrum Policy Framework intends to allow Indigenous applicants access to spectrum made available through a spectrum licensing process on a priority basis and will issue licences on a FCFS basis to eligible Indigenous applicants only.

3.1 Policy objective

Increased access to spectrum can support Indigenous Peoples in developing Indigenous-led connectivity solutions that best serve the needs of Indigenous communities.

Therefore, the IPW’s primary objective is to reduce barriers to spectrum access and support Indigenous applicants in accessing spectrum on a priority basis.

To achieve this policy objective, ISED seeks to:

  • Collaborate with interested Indigenous partners to develop the final IPW framework so that it is structured to meaningfully serve their interests and priorities.
  • Find new ways to engage with Indigenous partners on spectrum access initiatives to support economic reconciliation.
  • Share knowledge and awareness about spectrum and how it can support Indigenous connectivity.
  • Foster and build relationships with Indigenous partners and industry leaders committed to closing connectivity gaps in Indigenous communities.

3.2 Eligibility

ISED is seeking to collaborate with interested Indigenous partners to develop eligibility criteria that is reflective of Indigenous needs and priorities. Eligibility could be defined based on the following three eligibility options (or a combination of the three):

  • applicant-based approach, which would allow Indigenous applicants to apply for available spectrum licences, regardless of location
  • community support-based approach, which may give individual communities more control over who acquires the spectrum over their lands
  • project-based approach, which would allow Indigenous applicants to be considered eligible if they can demonstrate their initiative is Indigenous-benefiting and Indigenous-informed

ISED is keen to ensure the eligibility criteria for the IPW is beneficial to Indigenous Peoples and ultimately supports Indigenous access to spectrum as well as economic reconciliation. Note that the eligibility criteria being considered do not replace or supersede the eligibility criteria to hold a licence under 9(1) of the Radiocommunication Regulations.

These options are only meant to start the conversation on eligibility criteria for the IPW. Options could be combined. For example, for some spectrum licences, depending on the size, this could mean an applicant may be required to provide evidence of support from, or benefits to, multiple communities within a single licence area.

Ultimately, we intend to collaborate with interested Indigenous partners to develop eligibility criteria that are reflective of Indigenous priorities and needs, and that can be clearly defined and operationalized by ISED.

Option 1 (Applicant-based): Use existing Government of Canada criteria

Under this option, ISED would adopt the definitions and criteria that the Government of Canada applies when awarding contracts to Indigenous businesses. Applicants would need to either be registered in Canada's Indigenous Business Directory (noting that Elders, band and tribal councils are exempt from registration), or be registered in a beneficiary business list, when acquiring a spectrum licence. As such, this approach may only allow recognized Indigenous business, Elders, band and tribal councils to apply for a spectrum licence. In the case where an individual applies for a spectrum licence, ISED may require documentation verifying the individual’s membership or association with a recognized First Nations, Metis, or Inuit organization. ISED would suggest aligning such criteria with those used by Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada.

Option 2 (Community support-based): Written support from the community, band council, settlement or a relevant governing body

Under this option, an applicant may be considered eligible if they can demonstrate support from the Indigenous communities within the licence area. To demonstrate support, applicants may submit documentation such as letters of support from the community leaders, a band council resolution, or similar documentation based on the governing structure of the Indigenous Nation or community. ISED has previously used this approach to confirm community support for various connectivity projects and proposals.

Option 3 (Project-based): Leverage the I4DM definitional matrix definition

Under this option, applicants would be considered eligible if they can demonstrate their initiative is Indigenous-benefiting, Indigenous-informed, has partnerships with Indigenous Peoples, and/or is Indigenous-led, as defined by the I4DM Definitional Matrix. The matrix provides broad definitions of what is considered Indigenous-benefiting, Indigenous-informed, or Indigenous-led. If this option were implemented, we would need to collaborate with interested Indigenous partners to develop specific definitions and criteria so that it could be effectively operationalized.

3.3 Time-limited window

A time-limited window refers to a fixed time period where only eligible Indigenous applicants would be able to apply for available spectrum licences, on a FCFS basis, in advance of other applicants. For the Cellular and PCS spectrum licences made available through the Access Licencing Framework, ISED is proposing that the time-limited window be 12 consecutive months. Once this window ends, the licensing framework would be open to all other eligible applicants. Indigenous applicants would still be able to apply once the window closes, but they would not have priority access.

3.4 Conditions of licence

In order to hold and renew their spectrum licence, a licensee must comply with a set of requirements, called “conditions of licence” (the conditions), on an ongoing basis. Some examples of these conditions include deployment requirements, fees, reporting requirements, and adherence to technical standards. These conditions help ensure the efficient use of the spectrum and limit the instances of interference between neighbouring licensees. They are developed and applied to spectrum licensing frameworks after a public comment period. Since the IPW Spectrum Policy Framework is intended as an add-on to a particular licensing framework, as such, licences issued through an IPW would adopt the same conditions of a given framework.

However, through this engagement process, we are seeking to understand how ISED can design its conditions for future spectrum licensing frameworks to better support Indigenous applicants ability to acquire, hold and renew spectrum licences, so that they can serve their communities with quality wireless solutions.

4. Applying the IPW to Cellular and PCS licences made available through the Access Licensing Framework

As mentioned above, we will first apply the IPW Spectrum Policy Framework to the Cellular and PCS spectrum bands made available through the Access Licensing Framework.

The Access Licensing Framework seeks to facilitate the deployment and timely availability of connectivity services in rural and remote areas across the country. The preliminary list of available 800 MHz Cellular and 1900 MHz PCS licences overlap with many Indigenous communities across Canada. As a result, providing priority spectrum access to Indigenous applicants in these areas may support Indigenous-led connectivity solutions and economic reconciliation.

As stated in section 3.4, licences issued through this process will have the same conditions as those outlined in annex A of the Access Licensing Framework. The time-limited window would begin as indicated in the Access Licensing Framework. Refer to the Spectrum and the Indigenous Priority Window website for additional information and the Table of Key Dates for updated timelines.

5. Engagement

In order to understand how an IPW can best support the needs and priorities of Indigenous applicants, we are seeking feedback on specific questions to inform the final IPW Spectrum Policy Framework and to establish a general understanding of how an IPW can be applied to future spectrum access initiatives.

To do this, we are launching a six-month engagement process, beginning with the publication of this document, which will prioritize collaboration with Indigenous partners. This will include engagement sessions that are grounded in Indigenous engagement philosophies such as listening, learning, collaborating and leading with respect. To support these sessions, we have developed a Spectrum and the Indigenous Priority Window website that contains additional information and resources to support discussions. We will use the information shared and feedback received during these sessions to:

  • finalize the IPW Spectrum Policy Framework
  • inform the development of future uses of an IPW
  • gain insight into how we can further improve spectrum access and engagement with Indigenous partners

The sections above are the beginning of the draft framework on which we are seeking to collaborate with Indigenous partners to develop the final IPW Spectrum Policy Framework. We encourage interested partners to participate in engagement sessions. A list of upcoming sessions will be posted on the Spectrum and the Indigenous Priority Window website once they are finalized. Interested partners may also reach out the Indigenous Spectrum Policy Team directly with questions, to request a meeting or to submit comments orally.

Below are the key questions ISED is seeking feedback on to finalize the IPW Spectrum Policy Framework:

ISED is seeking comments on the following questions:

  1. Policy objectives: Do you agree with the stated policy objective in section 3.1? If not, how should it be modified?
    1. How can we measure the success of the IPW Spectrum Policy Framework?
    2. How would you like to see the IPW Spectrum Policy Framework used in the future?
    3. Are there any other spectrum access measures we should consider to further support Indigenous connectivity?
  2. Eligibility criteria: What eligibility criteria should we consider for IPW applicants?
    1. Does the existing applicant-based option (Option 1), as defined in section 3.2, resonate with you? If so, which parts do you think are the most valuable to use to create the final eligibility criteria?
    2. Does the community support-based option (Option 2), as defined in section 3.2 resonate with you? If so, do you think it should be combined with Option 1 or should it stand on its own?
    3. Does the project-based option (Option 3), as described in section 3.2, resonate with you? If so, which parts do you think are the most valuable to use to create the final eligibility criteria?
    4. Are there other approaches that may be better suited to create the final eligibility criteria?
  3. Time-limited window: Currently the proposed time-limited window is 12 months (section 3.3). Do you feel this is a sufficient amount of time to submit a licence application? If not, how much time would be sufficient?
  4. Conditions of licence: How can the conditions of licence described in section 3.4 be designed for future spectrum access initiatives to support Indigenous-led connectivity solutions?
  5. Engagement: Should we consider other platforms to engage with Indigenous partners to advance economic reconciliation?

6. Submitting comments and contact information

You can share your comments on the above questions either orally or in written format.

To submit your feedback orally, either select an engagement session (see dates listed on the Spectrum and the Indigenous Priority Window website) or reach out to the Indigenous Spectrum Policy Team at ISED by email at indigenousspectrumpolicyteam-equipedepolitiqueduspectreautoch@ised-isde.gc.ca to request a meeting.

As all written comments received will be published on our website, do not include any confidential or private information. We may request additional information if needed to clarify significant positions or new proposals.

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