Questions concerning the 3500 MHz Transition Manual

September 2021

The following are responses to questions that Innovation, Science and Economic Development Canada (ISED) received subsequent to the release of the 3500 MHz Transition Manual (hereinafter referred to as the Manual).

This document may be updated from time to time as additional questions arise. Interested parties are encouraged to regularly check the Auction of Spectrum Licences in the 3500 MHz Band web page for updates.

Questions and responses have been grouped under the following themes:

  1. pfd Contours
  2. Attestations
  3. Online forms
  4. Transitions
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1. pfd Contours

QUESTION 1.1: Do licensees always need to provide pfd contours when submitting a transition application? When are licensees required to provide pfd contours?

RESPONSE: 1.1: Based on feedback received from licensees, ISED is removing the requirement for licensees to submit pfd contours with every transition application. However, at any time ISED may request a pfd contour map and/or interference analysis of a transition applicant’s network in the relevant area. Any contour map or network analysis must be certified by a Canadian certified professional engineer. Licensees are reminded that they are required to respect the technical co-existence rules laid out in section 9 of the Manual unless they have entered into a voluntary agreement to deviate from technical co-existence rules, as outlined in section 8 of the Manual.

Licensees are required to provide their planned network deployment for 18 months following the coordinated system changeover date. This plan must include the location of the base stations that will be used to service the transitioning Tier 5 within the first 18 months from the coordinated system changeover date and the dates on which the applicant intends to deliver service. A Canadian certified professional engineer will be required to attest that the planned network deployments submitted with the application will respect the technical co-existence rules as set out in section 9 of the Manual

A Canadian certified professional engineer’s attestation is not required for areas where parties have entered into a voluntary agreement to deviate from co-existence rules (see section 9 in the Manual for more information on co-existence rules). However, in any case where there is co-existence with another licensee not covered by voluntary agreements, the attestation is required. When licensees submit their application they will need to indicate that they have entered into a voluntary agreement to deviate from co-existence rules if they do not submit an engineering certification.

The Manual will be updated to reflect this change.

QUESTION 1.2: Can ISED share the pfd plot format including the file type and unit of measurement?

RESPONSE 1.2: ISED will update the Manual to remove the requirement to provide pfd contours with every transition application. However, at any time ISED may request a pfd contour map and/or interference analysis of a transition applicant’s network in the relevant area. Any contour map or network analysis must be certified by a Canadian certified professional engineer. Contour maps, when requested, can be provided in most file types (e.g. .docx, .xlsx, .pdf, .kml, etc.). A sample pfd calculation is available in annex B of SRSP-520, Technical Requirements for Fixed and/or Mobile Systems, Including Flexible-use Broadband Systems, in the Band 3450-3650 MHz.

At the time of a transition application, licensees are required to provide their planned network deployment for the 18 months following the coordinated system changeover date. This plan must include the location of the base stations that will be used to service the transitioning Tier 5 within the first 18 months from the coordinated system changeover date and the dates on which the applicant intends to deliver service. A Canadian certified professional engineer will be required to attest that the planned network deployments submitted with the application will respect the technical co-existence rules as set out in section 9 of the Manual.

A Canadian certified professional engineer’s attestation is not required for areas where parties have entered into a voluntary agreement to deviate from co-existence rules (see section 9 in the Manual for more information on co-existence rules). However, in any case where there is co-existence with another licensee not covered by voluntary agreements, the attestation is required. Licensees will need to indicate, when they submit their application, that they have entered into a voluntary agreement to deviate from co-existence rules if they do not submit an engineering certification.

QUESTION 1.3: What is the process to address any changes in deployment plans, such as further or less deployment than originally planned within 18 months of the system changeover?

RESPONSE 1.3: Licensees will be required to provide their planned network deployment for 18 months following the coordinated system changeover date. This plan must include the location of the base stations that will be used to service the transitioning Tier 5 within the first 18 months from the coordinated system changeover date and the dates on which the applicant intends to deliver service. A Canadian certified professional engineer will be required to attest that the planned network deployments submitted with the application will respect the technical co-existence rules as set out in section 9 of the Manual. The initial engineer attestation is to ensure that the co-existence rules are being complied with during the transition timeframe based on the planned network deployment upon application. It is understood that plans may evolve over time. As such, ISED will remove the requirement to supply post-transition pfd contours as part of the transition application process (see response to question 1.1). Furthermore, the licensee is not required to submit a new engineer attestation or network deployment plan to reflect changes following the application. However, licensees are reminded that, as a condition of licence they must, as a minimum, meet the deployment in accordance with the planned network deployment. Additionally, all licensee operations must continue to respect the technical conditions of licence.

At any time, ISED may require a pfd contour map and/or interference analysis, which has been certified by a Canadian certified professional engineer, of the flexible-use operator’s network in the area. Therefore, licensees are encouraged to keep current pfd contours, interference analysis, and/or copies of voluntary agreements as applicable on file so that they can be produced should ISED request them in order to confirm compliance (e.g. if harmful interference occurs after deployment).

QUESTION 1.4: Given the difficulty of limiting signals to the threshold exactly at the transition boundaries, is there any degree of tolerance for signals exceeding the thresholds?

RESPONSE 1.4: Licensees are expected to abide by all technical co-existence rules set out in section 9 and annex E of the Manual and SRSP-520, Technical Requirements for Fixed and/or Mobile Systems, Including Flexible-use Broadband Systems, in the Band 3450-3650 MHz, and include meeting the pfd limit at the applicable boundaries, as is the case for other frequency bands or cross-border arrangements. Should licensees wish to exceed the prescribed pfd limits they may enter voluntary agreements with all affected parties. For more information, please see section 8 of the Manual.

QUESTION 1.5: What if a fixed-use licensee must transition to its new flexible-use licence but does not plan to deploy mobile services right away, or at all?

RESPONSE 1.5: The licensee will still need to complete the transition process to offer any type of service under a flexible-use licence. Flexible-use licences allow the licensee to operate fixed and/or mobile operations. Please note that fixed operations under a flexible-use licence will still be required to respect the technical co-existence rules laid out in the section 9 of the Manual and SRSP-520, Technical Requirements for Fixed and/or Mobile Systems, Including Flexible-use Broadband Systems, in the Band 3450-3650 MHz unless they have entered into a voluntary agreement to deviate from technical co-existence rules, as outlined in section 8 of the Manual.

If a licensee does not intend to deploy mobile services at all, they may:

If no request is made to ISED, the licensee will be issued a flexible-use licence without the additional fixed-use condition by default. For more information, please refer to the Policy and Licensing Framework for Spectrum in the 3500 MHz Band.

2. Attestations

QUESTION 2.1: What is the attestation being referred to in annex C, item 9 (Attestation)  of the Manual? Is it the same as the attestation by a Canadian certified professional engineer?

RESPONSE 2.1: There are two different attestations that must be provided with every transition application, one attestation is by the applicant and the other must be provided by a Canadian certified professional engineer. The attestation in annex C, item 9 of the Manual, is to be completed by the applicant to certify that the deployment will abide by the Manual, including co-existence rules and SRSP-520, Technical Requirements for Fixed and/or Mobile Systems, Including Flexible Use Broadband Systems, in the Band 3450-3650 MHz during and after the transition timeframe. This attestation does not have to be provided by a Canadian certified professional engineer.

The attestation by a Canadian certified professional engineer is in annex C, item 7 of the Manual. While ISED is removing the requirement for licensees to provide pfd contours when submitting a transition application, a Canadian certified professional engineer will still be required to attest that the planned network deployments submitted with the transition application will respect the technical co-existence rules as set out in section 9 of the Manual. A Canadian certified professional engineer’s attestation is not required for areas where parties have entered into a voluntary agreement to deviate from co-existence rules (see section 9 in the Manual for more information on co-existence rules). However, in any case where there is co-existence with another licensee not covered by voluntary agreements, the attestation is required. Licensees will need to indicate, when they submit their application, that they have entered into a voluntary agreement to deviate from co-existence rules if they do not submit an engineering certification.  The Manual will be updated to reflect this change.

QUESTION 2.2: Will ISED define the format of the Canadian certified professional engineer attestation required to be provided with the transition application?

RESPONSE 2.2: In the online transition application form, licensees are asked to provide the name, member number and professional association of the engineer that is attesting to the planned 18-month network deployment plan being submitted with the application. ISED will also request an attestation statement that includes an image of the engineer’s certification stamp and signature. The attestation should correspond to the engineer’s obligation specified in section 10 of the Manual. The Manual will be updated to add further clarity to the engineer certification. A sample of an attestation text is noted below:

I certify that the planned network deployment submitted with application number* XXXXXX complies with the co-existence rules during the transition timeframe as described in section 9 of the 3500 MHz Transition Manual.

(*Note: The application number refers to the “case” number assigned by the online forms system).

An engineer’s attestation is not required for areas where parties have entered into a voluntary agreement to deviate from co-existence rules (see section 9 in the Manual for more information on co-existence rules). However, in any case where there is co-existence with another licensee not covered by voluntary agreements, the attestation is required. Licensees will need to indicate, when they submit their application, that they have entered into a voluntary agreement to deviate from co-existence rules if they do not submit an engineering certification.

QUESTION 2.3: Can the individual attesting to the network plans be an employee of the licensee or does the attester need to be a 3rd party not associated with the licensee?

RESPONSE 2.3: The attester can be an employee of the licensee, provided that they are a member in good standing of a Canadian professional engineering association.

3. Online forms

QUESTION 3.1: Is ISED planning on issuing a template for the transition application? If yes, when will it be published?

RESPONSE 3.1: ISED sent links to a beta version of the online forms to all current licensees and auction participants on June 11, 2021. All licence holders and auction participants were provided with a link to the forms and instructions on how to use them. An update to the forms was released in mid-July.

QUESTION 3.2: Are separate transition applications required if a licensee is both initiating a transition and is also being displaced (one application for initiating a transition, and another for the displacement) in the same round?

RESPONSE: 3.2: Separate intentions would need to be submitted for each tier area to be displaced, and in the intention, the applicant will need to indicate whether they are initiating a displacement or whether they are being affected. However, the applicant may submit all intentions in a single application. Please note that applicants will only be able to submit applications for areas in which they have already submitted an intention.

QUESTION 3.3: Will the licensee need to apply again to provide mobile services even though they have transitioned to their new flexible-use licence?

RESPONSE 3.3: Unless a licensee requested that the fixed-only condition be added to their flexible-use licence, then they can choose to provide mobile and/or fixed services and need not make any further application to ISED.

If the licensee requested the fixed-only condition to be added to their licence but later decides to provide mobile services, they would need to apply to have the condition removed. However, the application to have the condition removed does not involve the transition process or any of the online transition forms. Rather, the licensee would only need to provide the request to ISED via email.

4. Transitions

QUESTION 4.1: Can a licensee trigger the transition of a Tier 5 service area with the plan to provide service to that area from sites in an adjacent Tier 5 service area, which will also be transitioned?

RESPONSE 4.1: Yes, service from a site in a transitioned Tier 5 service area to an adjacent contiguous transitioned tier (without a site/tower) would meet the 18-month service requirement. To be clear, any Tier 5 area in which service is deployed, or where a flexible-use site is active, must have been transitioned as specified in section 10 of the Manual (transition application process).

QUESTION 4.2: If a licensee obtains a new flexible-use licence through the auction and has existing Fixed Wireless Access (FWA) licences in the same area, is it possible to operate the new Tier 4 flexible-use licence won at auction while continuing to use existing spectrum as fixed-use Tier 5 licences?

RESPONSE 4.2: Since the transition process is to be done on a “where and when necessary” basis, if a licensee completes the transition process and receives a confirmation letter allowing it to deploy services under their flexible-use licence in one Tier 5 area, they can keep operating their fixed-use licences in other Tier 5 areas within the same Tier 4 area. However, the licensee will need to cease operations on their fixed-use licence in the transitioned Tier 5 area, as they are not permitted to operate fixed-use and flexible-use licences at the same time in the same Tier 5 area except for a short period of time while transitioning in some scenarios (see section 9 of the Manual for more information on co-existence between flexible and fixed-use operations).