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DGRB-001-06July 2006

Spectrum Management and Telecommunications

Call for Applications to License SatelliteOrbital Positions

Related Documents

RP-002 Policy for the Use of the Geostationary-Satellite Orbit by Canadian Satellite Networks

RP-008 Policy Framework for the Provision of Fixed Satellite Services

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Department of Industry

Radiocommunication Act

Notice No. DGRB-001-06 — Call for Applications to Licence Satellite Orbital Positions

This notice announces the release of a paper, under the above title, and commences a comparativelicensing process to facilitate the timely development and operation of satellite space stations usingspecific frequency bands at several orbital positions. Interested parties are invited to submit applicationsto Industry Canada for utilizing these resources.

Industry Canada has received applications from several parties indicating interest in developingCanadian satellites using the orbital positions and frequency bands being offered in this process. Giventhis and other potential interest, and in accordance with the Policy Framework for the Provision of FixedSatellite Services (RP-008) issued in 1998 and revised in September 2005, and the Guidelines on theLicensing Process and Spectrum Release Plan (2001 Edition) (RP-020), Industry Canada is now issuinga Call for Applications to License Satellite Orbital Positions.

The Call for Applications invites applications for the use of various bands of fixed and broadcastingsatellite spectrum at several different satellite orbital positions. The orbital positions and spectrum beingmade available are considered valuable resources for Canadian broadcasting and telecommunications.This satellite licensing initiative provides an opportunity for the Canadian broadcasting and satelliteindustry to invest in additional satellite facilities that will serve to meet Canadian broadcasting andtelecommunications requirements for capacity, promote economic growth in Canada, and offer theCanadian satellite industry an opportunity to participate in the North American satellite capacity marketand beyond. Owing to the importance of these resources for Canadian broadcasting and telecommunications,Canadian satellite users will be provided an opportunity in this satellite licensing process to participatedirectly. Prospective applicants in this process are encouraged to consult with Canadian satellite users inthe development of their satellite plans and applications. Applicants are also required, as part of theirapplications, to provide their plans for providing capacity to satisfy Canadian requirements. These planswill be posted on Industry Canada's Spectrum Management and Telecommunications website for publiccomment. All comments will be taken into consideration when the Department evaluates theapplications received.

Submitting Applications

Instructions for the submission of applications, as well as submission requirements and associateddeadlines, are included in the Call for Applications.

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Obtaining Copies

Copies of this notice and documents referred to are available electronically on the SpectrumManagement and Telecommunications website at: http://strategis.gc.ca/spectrum.

Official printed copies of Gazette notices can be obtained from the Canada Gazette website at:

http://www.gazette.gc.ca/index-eng.html or by calling the sales counter of Canadian GovernmentPublishing at (819) 941-5995 or 1 800 635-7943.

July 7, 2006

________________________________Jan SkoraDirector GeneralRadiocommunication andBroadcasting Regulatory Branch

http://www.gazette.gc.ca/index-eng.html

http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/home

http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/home

Contents

1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2. Application and Licensing Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

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2.2 Selection and Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3. Canadian Satellite Users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.1 Satellite User Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43.2 Commenting on Canadian Satellite Capacity and Services Plans . . . . . . . . . . . . . . . . . . . 43.3 Applicant Responses to Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4. Spectrum and Orbital Resources Available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 Spectrum and Orbital Resources Currently in Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5. Spectrum Utilization Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.1 Spectrum Allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.2 Spectrum Utilization Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.3 Frequency Coordination Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

6. Satellite Policy Objectives and Requirements, and Application Information Requirementsand Selection Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126.1 Satellite Policy Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136.2 Important Satellite Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146.3 Application Information Requirements and Selection Process . . . . . . . . . . . . . . . . . . . . 156.4 Evaluation Criteria and Associated Information Requirements . . . . . . . . . . . . . . . . . . . 17

7. Post-selection Procedures and Additional Information Requirements . . . . . . . . . . . . . . . . 217.1 Approval in principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217.2 Implementation Milestones and Information Requirements . . . . . . . . . . . . . . . . . . . . . . 227.3 Authorizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247.4 CRTC Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257.5 Conditions of Licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

8. Procedural Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288.1 Clarification Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288.2 Satellite User Registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288.3 Subm itting Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288.4 Submitting Comments on Canadian Satellite Capacity and Services Plans . . . . . . . . . . 298.5 Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298.6 Public Access to Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.7 Related Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318.8 Departmental Address/Contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

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Appendix A - Canadian Satellite User Registration Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Appendix B - Access to and Utilization of the Band 13.75-14 GHz . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Appendix C - Overview of the International Regulatory Framework for Canadian Satellites in the North American Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Appendix D - Declaration of Ownership and Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Appendix E - Information Required for Demonstrating Compliance with Ownership and ControlRequirements as Described in Section 7.2.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Call for Applications to License Satellite Orbital Positions DGRB-001-06

1 Any material referred to as being “posted on the website”, throughout this document, can be found on Industry Canada’sSpectrum Management and Telecommunications website at http://strategis.gc.ca/satelliteservices.

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1. Introduction

This paper, announced in the Canada Gazette on July 15, 2006 in Gazette notice DGRB-001-06,commences a comparative licensing process to facilitate the timely development and operation ofsatellites using specific frequency bands at several positions.

Industry Canada has received applications from Ciel Satellite Communications Inc., Telesat Canada,Eutelsat Inc. and Bell ExpressVu LP indicating their interest in developing Canadian satellites using the positions and frequency bands made available in this process. Given this and other potential interest, andin accordance with Industry Canada’s Policy Framework for the Provision of Fixed Satellite Services issued in 1998 and revised in September 2005 (RP-008) and the Guidelines on the Licensing Processand Spectrum Release Plan (2001 Edition) (RP-020), Industry Canada is now issuing this Call forApplications to License Satellite Orbital Positions.

This Call for Applications invites applications for licences that include various bands of fixed andbroadcasting satellite spectrum at several different satellite orbital positions. The orbital positions andspectrum being made available are considered valuable resources for Canadian broadcasting andtelecommunications. This satellite licensing initiative provides an opportunity for the Canadianbroadcasting and satellite industry to invest in additional satellite facilities that will serve to meetCanadian broadcasting and telecommunications requirements for capacity, promote economic growth inCanada, and offer the Canadian satellite industry an opportunity to participate in the North Americansatellite capacity market and beyond.

Owing to the importance of these resources for Canadian broadcasting and telecommunications,Canadian satellite users will be provided an opportunity in this satellite licensing process to participatedirectly. These users will be able to register with the Department, indicating their interest in talking topotential applicants concerning their requirements for capacity. Their registrations will be posted onIndustry Canada’s Spectrum Management and Telecommunications website.1 Accordingly, applicants inthis process are encouraged to consult with Canadian satellite users in the development of their satelliteplans and applications. Applicants are also required, as part of their applications, to provide their plansfor providing capacity to satisfy Canadian requirements. The Department will post these plans on thewebsite for public comment. Comments will also be posted and applicants will be provided anopportunity to respond to them. All these comments will then be taken into consideration in theassessment of the applications received.

Access to the orbital positions and spectrum described in this Call for Applications is available throughthe international satellite coordination procedures prescribed in the International TelecommunicationUnion (ITU) Radio Regulations. Canada has taken steps in these international procedures to be in thebest possible position to achieve access to spectrum and orbital resources. Under the ITU regulatoryregime, access to spectrum and orbital resources also requires that satellites be brought into use withinspecified time frames.

http://strategis.gc.ca/satelliteservices

http://strategis.gc.ca/satelliteservices


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2. Application and Licensing Processes

The Department is using a comparative licensing process to facilitate the timely development andoperation of space stations. Overall, this process involves the submission of applications, evaluation ofthe applications by the Department, selection of applicants, and follow-up procedures leading to theissuance of radio authorizations. Applicants in this process should familiarize themselves with the policyprovisions, objectives, satellite requirements and potential licence conditions described in the followingsections, and should use them as a guide in the preparation of their applications for submission to theDepartment.

Direct contact with departmental officials concerning the merits of any application will not beentertained during the selection and licensing process. This does not limit contact with departmentalofficials concerning the process in general or for other unrelated issues.

2.1 Application Process

Instructions regarding the submission of applications are provided in Section 8 of this paper.

Applicants are strongly encouraged to submit independent applications for each licence requested.While separate applications are encouraged, the Department recognizes that some applicants may find itnecessary to submit applications involving more than one licence. Where an applicant requests morethan one licence in a composite application, the applicant should fully and clearly indicate the extent towhich the application would remain viable if any of the requested licences cannot be issued to theapplicant.

Applicants should note that, while the Department expects that applicants will submit plans for theimplementation and operation of new satellite facilities that would use assigned spectrum and orbitalpositions, consideration will also be given to applications proposing the short-term use of interimsatellite facilities as part of a longer-term plan for the provision of capacity and services to satisfyCanadian requirements. Should such interim facilities be proposed, applicants should clearly identify thepotential impact of such facilities on all elements of their submission. As a part of each application, applicants are required to submit a plan for satisfying Canadian satellitecapacity and service requirements (Canadian Satellite Capacity and Services Plan). Further detailsregarding these plans are provided in Section 6.4.1. All applicants should note that these CanadianSatellite Capacity and Services Plans will be posted on the website.

For the purpose of clarification, Industry Canada may request additional information from applicantsand from those providing comments on applicant plans. Any such requests from the Department will bemade in writing, and responses by the applicants must also be provided in writing within a specifiedtime frame. Any such requests and responses, where they do not include confidential information, willbe posted on the website.

All costs associated with the preparation of applications are and will remain the responsibility of theapplicant. The Minister accepts no responsibility for any or all costs and expenses incurred inresponding to this Call for Applications, or in connection with any meetings, interviews or


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consultations. Applicants who respond to this Call for Applications shall prepare and submit therequired material, and otherwise engage in the process, at their own expense and with the expressunderstanding that they shall not make any claim for reimbursement from the Government of Canada.

2.2 Selection and Licensing

The Department will analyze and assess all applications based on the policy objectives, requirementsand other information set out in this Call for Applications with a view to ensure the orderlyestablishment of radio stations and the orderly development and efficient operation ofradiocommunications in Canada. Further, comments and reply comments received respecting theCanadian Satellite Capacity and Services Plans will also be taken into account by the Department in theevaluation of applications. This evaluation will then be used to formulate advice and recommendationsto the Minister of Industry concerning each application and the applicants to be selected (“selectedapplicants”). All applicants will be informed of the decisions regarding the selection of applicants, andthose decisions will be published. Selected applicants will receive approvals in principle. Theseapprovals in principle will be subject to conditions which will include likely conditions of licence. Selected applicants must demonstrate compliance with all applicable regulatory requirements,milestones and conditions, including Canadian ownership and control requirements, before radioauthorizations permitting commercial operation of the satellite may be issued.

The Minister ultimately decides whether licences will be issued, which licences will be issued, to whomand on what conditions, based on the objectives and requirements set out in this document, the adviceand recommendations of the Department and on other factors considered relevant, including eventsunforeseeable at the time the licensing process was initiated.

3. Canadian Satellite Users

Given the importance of the resources being made available in this licensing process for Canadianbroadcasting and telecommunications, all applicants are encouraged to consult with potential Canadiansatellite users of capacity and services (e.g. DTH service providers or other telecommunications serviceproviders) in the development of their business plans and applications. To facilitate this consultation,Canadian satellite users, or their representatives, are invited to register with the Department.

Applicants will also be required to provide Canadian Satellite Capacity and Services Plans as part oftheir applications. During this licensing process, Canadian satellite users, including their representativeorganizations, will have an opportunity to comment on these plans, and applicants will have theopportunity to respond to such comments. All comments and reply comments received will be taken intoaccount when Industry Canada assesses the applications received.

All costs associated with the registration of Canadian satellite users and the provision of comments willremain the responsibility of the participants. The Minister accepts no responsibility for any or all costsand expenses incurred in participating in this Call for Applications, or in connection with any meetings,interviews or consultations that may follow. Participants shall prepare and submit the material at theirown expense and with the express understanding that they cannot make any claim for reimbursementfrom the Government of Canada.


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3.1 Satellite User Registration

Satellite users interested in discussing their satellite capacity and services requirements with applicantsmay register with the Department by completing the form provided in Appendix A. Instructions andtime frames for submitting user registrations to the Department are provided in Section 8. All satelliteuser registrations received will be posted on the website.

3.2 Commenting on Canadian Satellite Capacity and Services Plans

As indicated in Section 2, all applicants are required to provide a Canadian Satellite Capacity andServices Plan. These plans will be posted on the website. Canadian satellite users (whether registered asdescribed above or not) are invited to provide their comments on these plans. These comments must beprovided within 30 days of the plans being posted. These comments will also be posted on the samewebsite. See Section 6.4.1 for details concerning the content of these plans.

3.3 Applicant Responses to Comments

Once the comments described in Section 3.2 are posted, applicants will then have 30 days to provideresponses to those comments. These reply comments will also be posted on the website.

4. Spectrum and Orbital Resources Available

As indicated in the first section, 29 licences for satellites using fixed-satellite service (FSS) frequenciesand broadcasting-satellite service (BSS) frequencies will be available as shown in Table 1. Informationregarding the frequency ranges associated with each of the noted bands can be found in Section 5.2.

Table 1 - Licences, Positions and Frequency Bands Available

Licence Orbital Position Frequency Band

1 72.5o W Extended Ku FSS

2 72.5o W 17 GHz BSS

3 78o W 17 GHz BSS

4 82o W Extended Ku FSS

5 82o W 17 GHz BSS

6 86.5o W 17 GHz BSS


8 91o W Ka FSS

9 91o W 17 GHz BSS


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Licence Orbital Position Frequency Band

10 95o W 17 GHz BSS

11 99o W 17 GHz BSS

12 103o W 17 GHz BSS

13 107.3o W Ka FSS

14 107.3o W 17 GHz BSS


16 109.2o W Ka FSS


18 111.1o W 17 GHz BSS

19 113.0o W 17 GHz BSS


21 114.9o W 17 GHz BSS


23 118.7o W Ka FSS

24 118.7o W 17 GHz BSS






4.1 Spectrum and Orbital Resources Currently in Use

Although all positions and bands noted above are available in this licensing process, a small portion ofthe extended Ku band associated with licence 17 has been assigned to Telesat Canada to conducttracking, telemetry and control operations related to its Anik F2 satellite. As such, the licensing and useof the extended Ku band for this orbital position will need to take this into account and selectedapplicants for this licence will be required to coordinate their use of the spectrum with Telesat Canada.Industry Canada has also received an application from TMI Communications and Company, LimitedPartnership (TMI) to use a small portion of the extended Ku band associated with licence 17 to conducttracking, telemetry and control operations related to a future mobile satellite. Should Industry Canadaapprove this application from TMI, use of this resource will need to take this approval into account and


2 Specific condition of approval is: “Telesat shall incorporate in its satellite, and operate, the Ka band payload as set out inits C and Ku band satellite application submitted to Industry Canada on March 15, 2001, or a Ka band payload otherwiseacceptable to the Department. Operation of this Ka band payload will be permitted until such time as another Ka bandsatellite, to be operated by an entity authorized by Industry Canada, is ready to use the Ka band at the 118.7°W orbitalposition. Telesat Canada must ensure that all users of the Anik F3 Ka band payload are made fully aware of thetemporary nature of Telesat’s access to the Ka band spectrum at the 118.7°W orbital position.”

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selected applicants for this licence will be required to coordinate their use of the spectrum with TMI. Ifthe application from TMI is approved, Industry Canada will inform applicants by posting information onthe website.

Furthermore, it should be noted that some FSS Ka band spectrum for licence 23 is currently assigned toTelesat Canada on a temporary basis. Telesat’s use of the spectrum at this position is permitted untilsuch time as the Department notifies Telesat that another satellite, to be operated by an entity authorizedby the Department, is ready to use that spectrum and position.2

5. Spectrum Utilization Policy

5.1 Spectrum Allocation

Applicants are advised to review the latest version of the Canadian Table of Frequency Allocationspublished under Gazette notice DGTP-002-05. This version reflects decisions adopted by the 2003 ITUWorld Radiocommunication Conference (WRC-2003), as well as the revisions described in theDepartment’s policy document SP 3-30 GHz, Revisions to Spectrum Utilization Policies in the 3-30GHz Frequency Range and Further Consultation (DGTP-008-04).

5.2 Spectrum Utilization Policy

5.2.1 Broadcasting-Satellite Service (BSS)

(a) 12 GHz BSS

The frequency bands available for the 12 GHz BSS band orbital positions are 12.2-12.7 GHz(space-to-Earth) and the feeder link bands are 17.3-17.8 GHz (Earth-to-space).

The 12 GHz BSS band and its associated feeder link band were planned at the 1983 Region 2 RegionalAdministrative Radio Conference. In the resulting allotment plan, found in Appendix 30 and Appendix30A of the ITU Radio Regulations, Canada was allotted six non-overlapping service areas coveringCanada from west to east, with each of these areas being served from separate orbital positions.

In 1996, however, Industry Canada submitted coverage modifications to the ITU with a view toward theimplementation of satellites to provide coverage of all of Canada and beyond from each of the 12 GHzBSS orbital positions. It should be noted that these extended coverage modifications are time limited bythe ITU regulatory process and require to be coordinated and brought into use by specific dates. To date,


3 Orbital position 70.5º W is not being made available.

4 C45 In the band 17.7-17.8 GHz, Canadian stations in the fixed service shall not claim protection from and shall notcause harmful interference to Canadian stations operating in the broadcasting-satellite service after 1 April 2007. Inaddition, to protect broadcasting-satellite receiving stations in Canada and in the United States, the aggregate power fluxdensity from fixed systems of one country shall not be greater than -109 dB (W/m2 ) over any 1 MHz band in any areawithin the other country where the broadcasting-satellite service is used.

5 C46 In the band 17.7-17.8 GHz, Canadian broadcasting-satellite space stations shall not radiate into territory of theUnited States administration a power flux density greater than that specified in ITU Article 21, Table 21-4. Similarly, toprotect Canadian fixed systems, transmissions from broadcasting-satellite space stations of United States operators canbe expected to be limited in the same way in Canadian territory.

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four of the orbital positions have since been successfully modified to provide coverage of all of Canada.In the case of the 138o W orbital position, the deadline for Canada’s submission of the modification for asatellite to cover Canada has lapsed.

With this Call for Applications, the Department is making available for assignment the 12 GHz BSSorbital position at 138o W based upon the Allotment Plan of Appendices 30 and 30A.3 Therefore, shouldan application provide for all-Canada coverage from this position, the Department will work with theselected applicant to submit a new plan modification to the ITU.

(b) 17 GHz BSS

The Ka band 17.3-17.8 GHz was allocated to the broadcasting-satellite service for use by Region 2countries at the 1992 ITU World Administrative Radio Conference (WARC-92). In 1994, theseinternational allocations were incorporated into the Canadian Table of Frequency Allocations. Althoughthe spectrum was allocated more than 10 years ago in accordance with ITU allocation footnote 5.517,the earliest possible use of this band by the broadcasting-satellite service is April 1, 2007.

The sub-band 17.7-17.8 GHz is shared with other services on a primary basis, and a number ofinternational and domestic allocation footnotes set out the sharing arrangements for its use. The ITUallocation footnote 5.517 indicates among other things, that after April 1, 2007, fixed-satellite service(space-to-Earth) use of this sub-band in Region 2 shall not cause harmful interference nor claimprotection from operating BSS systems.

The Canadian allocation footnote C454 indicates that stations in the fixed service after April 1, 2007shall not cause harmful interference nor claim protection from operating BSS systems. Footnote C45also indicates that a bilateral arrangement between Canada and the United States limits the aggregatepower flux-density (PFD) of emissions from fixed service (FS) stations in one country at the border withthe other country. Canadian allocation footnote C465 places a PFD limit on Canadian BSS emissionsinto the territory of the United States for protection of American fixed service systems. Although thislatter PFD limit may not constrain the provision of domestic BSS services, the Department is preparedto consult with the United States to address this restriction, in order to allow for more flexibility and thepossibility to provide more extensive region-wide coverage. Additionally, the Department hasimplemented a moratorium on licensing new fixed service microwave installations in the band


6 C44 (CAN-00) Feeder links to broadcasting-satellite space stations operating in the band 17.3 -17.8 GHz shall beimplemented in the band 24.75-25.25 GHz. In areas where fixed systems have been licensed using a competitiveprocess, future earth stations (Earth-to-space) in the band 25.05-25.25 GHz will be permitted provided that suchinstallations will not cause interference to any fixed service to be deployed in the authorized service area.

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17.7-17.8 GHz. The band 17.3-17.8 GHz has also been authorized for use by the fixed-satellite service(Earth-to-space) to provide feeder links to BSS space stations operating in the Ku band 12.2-12.7 GHz.

Applicants should note that the Department has also submitted filings to the ITU for access to use theKa band BSS at all of the orbital positions from which the use of Ku band BSS spectrum is available.This could result in the use of the band 17.3-17.8 GHz in both the uplink and downlink directions at thesame time from the same orbital position. Further, under this process, it is possible that the use ofspectrum from those positions may be authorized to separate entities. While it is physically possible tooperate separate satellites in both uplink and downlink directions within the same spectrum with amodest amount of separation between the satellites at the nominal orbital position, cooperation betweenthe respective satellite operators will be required. Therefore, when a new or replacement satellite isintroduced at the same nominal orbital position using the same bands as an existing satellite, theDepartment expects that appropriate action will be taken to ensure compatible operation of bothsatellites.

Similarly, with respect to earth terminals, the use of the band 17.3-17.8 GHz in both the uplink anddownlink directions at the same time from the same orbital position will require coordination.Ubiquitously deployed receiving earth terminals could receive interference from transmitting feeder linkearth stations. Therefore in the band 17.3-17.8 GHz, the use of fixed-satellite service for feeder linkswill be limited in number and location to facilitate the orderly development of BSS.

(c) Feeder Link Band for 17 GHz BSS

The Canadian allocation footnote C446 identifies the band 24.75-25.25 GHz as the spectrum availablefor feeder links to broadcasting-satellite service space stations using the band 17.3-17.8 GHz. Licencesto use spectrum in the bands 24.25-24.45 GHz and 25.05-25.25 GHz were auctioned for broadbandwireless across all regions of Canada and licences have been granted for a 10-year period which startedin early 2000. Hence, the installation of feeder link earth stations in the band 25.05-25.25 GHz will besubject to the provisions of Canadian allocation footnote C44.

5.2.2 Fixed-satellite Service

(a) Extended Ku Band. The extended Ku frequency bands being made available in this process are:10.95-11.2 GHz and 11.45-11.7 GHz (space-to-Earth) and 13.75-14 GHz (Earth-to-space).

Fixed-satellite systems using the bands 10.95-11.2 GHz and 11.45-11.7 GHz share the spectrum on aco-primary basis with fixed service systems used for point-to-point applications in accordance with theDepartment’s spectrum utilization policies SP 1-20 GHz and the recent revisions described inSP 3-30 GHz. Under these spectrum utilization policies, access to the bands is shared on a coordinatedfirst-come, first-served basis. Protection is afforded to systems which have been licensed by the


7 NG104 The use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by thefixed-satellite service in the geostationary-satellite orbit shall be limited to international systems, i.e., other thandomestic systems.

8 See ITU allocation footnote 5.502.

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Department after coordination with existing licensed systems. While the use of these bands in theUnited States is limited to international systems by U.S. footnote NG1047, these bands have been madeavailable in some recent cases for ubiquitous deployment of earth stations on an unprotected basis withrespect to the fixed service.

The band 13.75-14.0 GHz is currently allocated to the fixed-satellite service in the uplink direction(Earth-to-space) and the radiolocation service on a co-primary basis. Prior to the ITU’s 2003 WorldRadiocommunication Conference (WRC-2003), the use of this band for FSS was restricted to earthstations having a minimum antenna diameter of 4.5 metres. Regulatory changes adopted at WRC-2003have relaxed these restrictions by allowing transmit earth station antennas as small as 1.2 metres indiameter, but have specified a PFD level8 to be met at the coastline and at the border of anadministration’s territory for antennas smaller than 4.5 metres.

The adoption of the PFD limit was to mitigate the potential interference to stations of the radiolocationand radionavigation services used on board military ships and by land mobile radars. The PFD limitmeans that transmitting earth stations operating within a certain distance of the border and the coastlinewill need to demonstrate compliance or need to apply mitigation techniques in order to comply. Thisdistance depends very much on the methodology and assumptions used for the calculations. While thelimits have been adopted, the methodologies and assumptions to determine compliance have not beenstipulated in the ITU Radio Regulations. However, the ITU Radiocommunication Sector (ITU-R) hasdocumented the technical studies in Recommendation ITU-R S.1712. The Department is examining theimplications both domestically and internationally of facilitating the implementation of earth stationsusing smaller diameter antennas in Canada.

The Department recognizes that access to the extended Ku band, in particular the band 13.75-14 GHz,may provide additional opportunities to FSS operators wishing to deploy Very Small Aperture Terminal(VSAT) networks in large segments of the Canadian market, including rural and remote communities.While technical studies continue, the Department wishes to facilitate early VSAT deployment andprovide additional Ku band spectrum resources. For this reason, in SP 3-30 GHz, the Departmentadopted the changes to the ITU Radio Regulations made at WRC-2003 to facilitate the operation oftransmitting earth stations with antenna diameters as small as 1.2 metres, in this band, subject to therestrictions prescribed in the ITU Radio Regulations. These changes have since been adopted into theCanadian Table of Frequency Allocations.

See Appendix B for further details concerning access and utilization of the band 13.75-14 GHz.

The Department envisages that this spectrum can be used in an innovative manner to provide serviceswithin Canada on a coordinated basis with the fixed service.


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(b) Ka Band. Subject to the applicable Canadian spectrum utilization policies, summarized below, theKa bands being made available in this process are: 19.7-20.2 GHz, 18.3-18.8 GHz and 17.8-18.3 GHz(space-to-Earth) and 29.5-30.0 GHz, 29.25-29.5 GHz, 28.35-28.6 GHz and 27.5-28.35 GHz(Earth-to-space).

In Canada, the Ka band satellite spectrum includes the bands 17.7-20.2 GHz and 27.5-30.0 GHz. Thebands 19.7-20.2 GHz and 29.5-30.0 GHz are allocated on a primary basis exclusively to thefixed-satellite and mobile-satellite services. Ubiquitous deployment of subscriber terminals in thesebands is virtually unconstrained by sharing with other services.

In the band 17.7-19.7 GHz, the FSS has a co-primary allocation with the fixed service and shares accessto the spectrum with fixed systems authorized in accordance with Spectrum UtilizationPolicy 1-20 GHz, Revisions to Microwave Policies in the Range of 1-20 GHz (SP 1-20 GHz) and therecent modifications described in SP 3-30 GHz. Fixed services currently in the band 17.7-19.7 GHzoperate in accordance with four channelling plans, defined in Standard Radio System Plan (SRSP)documents, which include provisions for low, medium and high-capacity point-to-point systems, LocalMultipoint Communications Systems (LMCS), Very-high Capacity Microwave (VHCM) systems,Television Studio Transmitter Links (TV STL) and TV-pickup.

In response to the SP 3-30 GHz consultation, submissions from both terrestrial and satellite proponentsplaced considerable importance on the alignment of spectrum use in the band 17.8-19.7 GHz within theNorth American marketplace and the Americas, particularly for satellite services. SP 3-30 GHz makesprovisions in the band 17.7-19.7 GHz to soft-partition access to the spectrum between fixed andfixed-satellite services with priority being given to each service in separate portions of the band. Priorityhas been given to fixed service systems in the bands 17.8-18.3 GHz and 19.3-19.7 GHz. In the band18.3-19.3 GHz, priority has been given to fixed-satellite systems and a moratorium has been placed onthe licensing of new fixed service systems. A transition period of 10 years (i.e. until 2014) for the fixedservice has been defined, after which the fixed service will operate on no-interference, no-protectionbasis with respect to the fixed-satellite service in the band 18.3-19.3 GHz. Also, with the release ofSP 3-30 GHz, access to the band 18.3-18.58 GHz by the FSS is unencumbered, since there are noincumbent FS systems in this portion of the band. Further, spectrum designations for fixed services hadnot been developed for the remaining band at 28.35-29.5 GHz, so there are no incumbent fixed servicesystems in this band. Provisions have been made to give priority to fixed services in the band29.1-29.25 GHz, with priority being given to fixed-satellite service in the bands 28.35-29.1 GHz and29.25-29.5 GHz.

The Department has already authorized Canadian geostationary Ka band satellites which will deploy arange of customer services in the bands 19.7-20.2/29.5-30 GHz and use associated spectrum for feederlink/gateways in the bands 18.3-18.8 GHz (on a coordinated basis), 28.35-28.6 GHz and29.25-29.5 GHz. However, prospective applicants in this process may wish to take into account theflexibility afforded by the revised policies set out in SP 3-30 GHz when considering their spectrumconfigurations.

In 1995, spectrum for FSS employing non-geostationary satellite orbit (NGSO) satellites was identifiedinternationally in the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space). NGSOFSS systems have global applications employing a number of low-Earth orbiting (LEO) satellites which


9 C47A (CAN-00) The band 27.35-28.35 GHz is being licensed for Local Multipoint Communication Systems (LMCS)in the fixed service, which will be given priority over fixed-satellite service systems sharing this spectrum on aco-primary basis. Fixed-satellite service implementation in this band will be limited to applications which will poseminimal constraints upon the deployment of fixed service systems, such as a small number of large antennas for feederlinks.

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promise to provide a variety of voice, data and video services directly to business customers andpotentially to consumers. In SP 3-30 GHz, Industry Canada recognizes that the licensing activities ofregional FSS systems in other countries, particularly U.S. licensing proceedings, will have an impact onhow the spectrum will be designated for a number of new FSS systems. This will be taken intoconsideration in the designation and authorization of spectrum for particular systems and technologies inthe bands. This is particularly true in the bands 18.8-19.3 GHz and 28.6-29.1 GHz.

In the band 27.5-29.5 GHz, the FSS is allocated on a co-primary basis with the fixed service. The band25.35-28.35 GHz (28 GHz) is currently designated in Canada for LMCS. Access to the band27.5-28.35 GHz is in accordance with the spectrum utilization policy for LMCS services and domesticfootnote C47A9 which limits FSS to applications which will pose minimal constraints on thedeployment of FS systems.

The band 19.3-19.7 GHz is allocated to the FSS (space-to-Earth) and FS on a co-primary basis, whilethe band 29.1-29.5 GHz is allocated to the FSS (Earth-to-space) and FS on a co-primary basis. Use ofthe band 29.1-29.25 GHz by the FSS is limited to feeder links for NGSO systems in the mobile-satelliteservice.

5.3 Frequency Coordination Requirements

5.3.1 Overview

The international regulatory environment for Canadian space stations is a complex one involvingarrangements or agreements with other administrations, including frequency sharing arrangements.These arrangements and agreements are undertaken within the context of the ITU Radio Regulationswhich, among other things, require that satellite networks be coordinated with other potentially affectedsatellite networks to ensure that harmful interference is not caused to, or received from, existing orplanned satellite networks. Coordination between satellite networks is also required at the domesticlevel. During the domestic and international coordination process, it is likely that certain operationalrestrictions will be required of the satellite network to achieve compatibility.

5.3.2 International Satellite Network Coordination

Access to orbital positions and the establishment of international rights in that respect is predicated onthe successful completion of international satellite network coordination, notification and recordingprocedures which are outlined in the ITU Radio Regulations. One of the key elements of theseprocedures requires administrations to effect coordination of their network with already existing andplanned satellite and terrestrial networks of other countries. For certain spectrum and orbital resourcesavailable in this Call for Applications, coordination has been achieved with certain administrations andis documented in various bilateral arrangements or agreements. Selected applicants will be required to


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comply with these existing arrangements. These arrangements and an overview of the internationalregulatory framework for Canadian satellite networks are described in more detail in Appendix C.Where no international arrangements or agreements are in place, the Department will work with theselected applicants to achieve the most favourable conditions possible for the operation of the satellitenetworks proposed in their applications, with regard to foreign satellite networks, taking into accountCanada’s broader interests regarding access to orbital and spectrum resources.

Successful coordination of a satellite network is very much dependent on the nature of the proposednetwork, the environment in which the proposed network intends to operate and the expertise andnegotiating skills that the selected applicant brings to the negotiation table. Industry Canada cannotprovide any assurance or guarantee of success, nor foresee any limitations or restrictions that may beplaced upon the satellite network as a result of the coordination process. Selected applicants will be responsible for all costs associated with coordinating their satellites,including the development of coordination and notification information for submission to the ITU,payment of all ITU processing charges related to the submission of this information, and mustparticipate at their own expense in any activity deemed necessary to complete the internationalcoordination process for their satellite network.

5.3.3 Domestic Satellite Network Coordination

As with international satellite networks, selected applicants will be required to coordinate their satellitenetworks with other potentially affected Canadian satellite networks (existing or planned). While theDepartment is of the view that Canadian satellites located at adjacent orbital positions should haveequitable access to all assigned spectrum, in some cases it will be incumbent upon operators of newsatellites to accommodate certain services carried by existing licensed facilities. The Department wouldbe supportive of coordination arrangements that are mutually acceptable to all concerned parties.

5.3.4 Earth Station Coordination

Domestic and international coordination of earth stations in Canada, except those exempted from thelicensing requirements pursuant to the Radiocommunication Act and Radiocommunication Regulations,are to be carried out where appropriate as part of the licensing process for earth stations, as described inthe Department’s Client Procedure Circular 2-6-01, Procedure for the Submission of Applications toLicense Fixed Earth Stations and to Approve the Use of Foreign Fixed-satellite Service (FSS) Satellitesin Canada (CPC-2-6-01). Information concerning other Canadian licensed systems is available on thewebsite.

6. Satellite Policy Objectives and Requirements, and Application InformationRequirements and Selection Process

This section describes Canada’s satellite policy objectives and important requirements applicable to theorbital resources to be licensed in this process. Application information requirements and the criteriaagainst which applications will be assessed are also included. Applicants are strongly encouraged to


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address these objectives, criteria and information requirements in their detailed applications in the mostcomplete manner possible.

6.1 Satellite Policy Objectives

6.1.1 General Satellite Policy Objectives

Industry Canada is guided in this process by the telecommunications policy objectives set out insection 7 of the Telecommunications Act. The geostationary satellite orbital positions and associatedspectrum being made available through this Call for Applications are considered valuable resources forCanada in many respects. By making these resources available in this process, Industry Canada'sobjective is to ensure that sufficient capacity is available to satisfy the needs of Canadian satellite usersfor the provision of a wide range of basic and advanced communications services, while fostering thefuture introduction of new and innovative broadcasting and telecommunication applications andservices.

With the implementation of World Trade Organization obligations, many countries, including Canada,have liberalized access to their markets for the use of foreign satellites. As guided by the Canadiantelecommunications policy objectives, the licensing of orbital positions should be carried out in amanner that will enhance the competitiveness, at both the national and international levels, of Canadiantelecommunications. To this end, this licensing process should foster the development of a Canadiansatellite infrastructure which allows Canadian satellite operators and satellite service providers toadvance their service offerings in the domestic market, and to compete in the larger market in theAmericas, while recognizing the importance of delivering reliable and affordable telecommunicationand broadcasting services in all regions of Canada, including the North.

Recently, the Department conducted extensive consultations with Canadian broadcasters and otherstakeholders on the evolution of broadcasting systems. As a result of these consultations and otherindicators, it is clear that moving forward with high-definition TV and other specialized programming,combined with the foreseen changes in the regulatory environment, will require significant new satellitecapacity. These services will be expected to be delivered to all parts of Canada. This Call forApplications introduces a process to facilitate consultation between Canadian satellite users andpotential applicants to identify, address and satisfy foreseeable satellite capacity and servicerequirements. The Department expects that several orbital positions available in this licensing processwill be used to advance the Canadian broadcasting system and address the requirements of Canadianbroadcasting undertakings, permitting Canadian Direct-to-Home broadcasters to expand their serviceofferings and achieve greater economies and operational flexibility.

Additionally, Canadian access to most of the resources available is time limited by the first-come,first-served nature of the ITU filing process. As such, satellites authorized as a result of this licensingprocess must be deployed in a timely manner.

6.1.2 Canadian Coverage

It is expected that the assignment of licences will lead to the deployment of new satellite facilities. It isrecognized that the design, construction and launch of a new satellite is a lengthy process, typically


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taking up to four years to complete. Accordingly, the Department also recognizes that some applicantsmay wish to consider, as part of the plan to be presented in their application, the deployment of interimsatellite facilities, in advance of deploying a new satellite.While it is important that orbital resources be used to deliver reliable telecommunications andbroadcasting services in all regions of Canada, including the North, it is understood that the orbitalpositions are also well suited to providing satellite services in the Americas. The Department furtherrecognizes that some prospective applicants may believe that an ability to participate in other marketscould be essential to the viability of their satellite projects. Accordingly, where it is evident thatsufficient satellite capacity is available to meet the needs of Canadian satellite users and serviceproviders, the Department may also consider applications aimed at serving markets outside Canada. As the capabilities of interim satellites for serving Canada may vary widely, Canadian coverageobjectives in this process do not apply to the short term use of interim satellites.

6.2 Important Satellite Requirements

6.2.1 Compliance with ITU Radio Regulations

All proposed new and interim satellite networks must comply with the operational and technicalprovisions contained in the ITU Radio Regulations. See Section 7.2.2 for information about thepost-selection demonstration that proposed satellites will meet this requirement.

6.2.2 Satellite Capacity or Other Benefits for Underserved Communities

A key component of Canada's commitment to connecting Canadians is the development and use ofbroadband information and communications technologies in all communities across Canada.Canadian satellites are considered an essential element in advancing the goal of broadband access to allCanadians. Furthermore, Canadians living in underserved communities, including much of northernCanada, must also be able to use the potential of broadband to better their economic and socialdevelopment. To this end, the selected applicants will be required to direct a minimum of two percent ofthe adjusted gross annual revenue resulting from the operation of the satellites, including any revenuederived from the advanced sale or lease of satellite transponders or capacity, toward special initiativesaimed at supporting the development of broadband access in (or providing other benefits to)underserved communities.

This requirement to direct revenue may be fulfilled in many ways, ranging from the provision ofcapacity and associated ground segment facilities to the provision of end-to-end services or other formsof benefits such as training and skills transfer. Such special initiatives shall be developed in consultationwith the Department.

A condition of licence will require licensees to provide a minimum benefit equivalent to twopercent of the adjusted gross annual revenue resulting from the operation of the satellitetowards special initiatives to provide benefits for underserved communities. Such specialinitiatives shall be developed in consultation with the Department.


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6.3 Application Information Requirements and Selection Process

6.3.1 Participation in the Licensing Process

Applicants who will be issued an authorization pursuant to this licensing process will be required tooperate their satellite facilities as Canadian telecommunications common carriers as defined in theTelecommunications Act or as part of a Canadian broadcasting undertaking as defined in theBroadcasting Act. To be eligible to hold a radio authorization issued pursuant to this Call forApplications, the satellite operator will be required to demonstrate compliance, and to further comply onan ongoing basis, with the applicable ownership and control requirements as set out forradiocommunication carriers in section 10(2) of the Radiocommunication Regulations.

In this process, however, the Department will consider applications from all Canadian entities that are,or are able to become, Canadian owned and controlled telecommunications common carriers as definedin the Telecommunications Act or Canadian broadcasting undertakings licensed or able to be licensedunder the Broadcasting Act. Those applicants not already operating as Canadian owned and controlledtelecommunications common carriers or as licensed Canadian broadcasters must demonstrate that theyhave a well-developed plan for becoming Canadian owned and controlled.

As described in Section 7.2.1 of this Call for Applications, only selected applicants will be required toprovide detailed information to demonstrate to the Department their compliance with eligibilityrequirements.

Information Requirements. Applicants must provide information indicating their status as a Canadianentity as set out in section 10(2) of the Radiocommunication Regulations. Information must also beprovided demonstrating that they are operating as licensed Canadian broadcasters or as Canadian ownedand controlled telecommunications carriers. If applicants are not operating as licensed Canadianbroadcasters or Canadian owned and controlled carriers, they must provide information demonstratingthey have well developed plans for becoming Canadian owned and controlled broadcasters ortelecommunication carriers.

In providing information to demonstrate a well developed plan, applicants should identify all intendedpartners or investors related to carrying out the satellite project, and indicate the nature of therelationship between the intended partners, investors and the applicant. Supporting documentation suchas shareholder term sheets, agreements between partners (whether in draft or final form), and any otherdocuments related to the project, should also be provided.

All applicants must also provide with their application an attestation (see Appendix D) indicating thatthey have read and understand the requirement to comply with the eligibility criteria as set out insection 10(2) of the Radiocommunication Regulations.


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Applicants must demonstrate that they are operating as, or have a well developed plan forbecoming, Canadian owned and controlled telecommunications carriers or Canadianbroadcasters.

Only selected applicants will be required to demonstrate compliance with the ownership andcontrol requirements as set out for radiocommunication carriers in section 10(2) of theRadiocommunication Regulations.

6.3.2 Spacecraft under Canadian Direction or Control

Consistent with international treaties such as the ITU Radio Regulations, Industry Canada exercisesauthority over spacecraft that are under Canadian direction or control. Under the ITU RadioRegulations, each administration is responsible for station keeping requirements and is bound to ensurethe capability of immediate cessation of radio emissions. Both for domestic and international purposes,Industry Canada exercises authority under the Radiocommunication Act to license satellites that areunder the direction or control of Canadian satellite operators. The Department considers that suchdirection or control is typically achieved by means of the operation of satellite telemetry, tracking andcommand (TT&C) facilities within Canada. If such direction or control is achieved using facilitiesoutside Canada, the command or control must be exercised from within Canada. See Section 7.2.1 forinformation about the post-selection demonstration that proposed satellites will meet this requirement.

Applicants must provide information in their application indicating how their proposedsatellites will be under Canadian direction or control.

Only selected applicants will be required to fully demonstrate that their satellites will be underCanadian direction or control.

6.3.3 Business Plan

It is important that the Department understand the context within which an applicant is presentinginformation for evaluation in this process. To this end, applicants must provide their business plans forthe development of requested licences. These business plans should include, but need not be limited to,information related to the following and any associated assumptions upon which the business planrelies:

• an industry overview, including an assessment of the actual and potential market, trends andcompetition in Canada and beyond;

• the business strategy of the applicant, including an explanation of how the satellite will be used overits lifetime to generate revenues;

• the revenue and expense projections related to the satellite project (over the life of the satellite);assumptions respecting the revenue and expense projections should be clearly enumerated;


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• product and service offerings, and how proposed offerings will meet existing and future needs in anew or improved manner, as well as demands not currently being adequately satisfied;

• the wholesale marketing of satellite capacity, and the wholesale and retail marketing and distributionplans related to value-added satellite services for service providers, communities, businesses andhomes in Canada and within the service area of the satellite;

• implementation strategies to provide client services and ensure adequate support is made availablethroughout the service area of the satellite; and

• a human resources plan for the duration of the satellite project, demonstrating a full understanding ofthese requirements.

In their applications, applicants must provide information from their business plan whichclearly indicates their plan for the development of the requested licences.

6.3.4 Project Milestones

Applicants must identify their major project milestones, with expected dates of completion, which willlead to the deployment of any proposed satellite facilities. See Section 7.2 for additional informationabout important implementation milestones.

Applicants are also required to clearly identify the ITU satellite network filing(s) that are the basis fortheir plan.

In their applications, applicants must provide information that clearly indicates their projectmilestones and the ITU filings that are the basis for their plan.

6.4 Evaluation Criteria and Associated Information Requirements All applications will be assessed against the four criteria set out in the following subsections for thepurpose of formulating advice and recommendations to the Minister.

Where only one application is received for a licence, the Department will assess the applicationagainst the four criteria in the following subsections and will view favourably those applicationswith viable plans that demonstrate benefits to Canadians.

Where more than one application is received for a licence, the Department will assess theapplications against the four criteria in the following subsections and will view favourably thoseapplications with viable plans demonstrating the greatest benefit to Canadians.

While priority will be given to those applications with viable plans that demonstrate benefits toCanadians, where it is demonstrated that there will be sufficient capacity to satisfy Canadianrequirements, the Department may also consider applications to serve markets outside Canada.


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6.4.1 Criteria 1 - Benefits to Canadians

As indicated in earlier sections, the resources being made available in this licensing process are valuablefor Canadian broadcasting and telecommunications. Accordingly, applications will be assessed based onthe benefits to Canadians demonstrated in the applications.

Possible benefits to Canadians from the development of the resources available in this process areexpected to vary widely. Nevertheless, these benefits are expected to include, in order of importance,satisfying Canadian requirements for satellite capacity and services, securing Canadian access to theorbital resources, and any other benefits attributable to the project. Applicants are encouraged to provideinformation in their applications demonstrating the benefits to Canadians that would arise from theimplementation of their own plans.

It is also expected that applicants, having considered the satellite objectives and requirements set out inthis Call for Applications and having consulted with potential Canadian satellite users about theirrequirements for capacity and services, will address these objectives and requirements in theirapplications. Applications which demonstrate the provision of capacity in the Canadian market andaddress the necessities and conveniences of direct-to-consumer services will be viewed as providingstrong benefits to Canadians.

Information Requirements. Applicants must provide information demonstrating how theimplementation of their plans will provide benefits to Canadians. In composite applications (i.e. where more than one licence is requested) applicants must clearlyidentify the benefits to Canadians attributable to each licence requested. Such applicants are alsoencouraged to clearly identify, if the requested licences are granted together, whether and how acomposite application offers more benefits than if the applications were considered separately.

(a) Satisfying Canadian Requirements for Satellite Capacity and Services

All applicants are required to provide a stand-alone Canadian Satellite Capacity and Services Plan foreach licence requested in their application. As indicated in Section 2, these plans will be posted on theSpectrum Management and Telecommunications website for public comment.

In their Canadian Satellite Capacity and Services Plans, applicants should include, but need not belimited to, the following:

• the applicant name, Canada Gazette notice DGRB-001-06, and the licence associated with the plan;

• a description of the consultation undertaken with Canadian satellite users in the development of theplan;

• the requirements for capacity and services being addressed and the underlying assumptions concerningthe regulatory environment that could affect the nature of the requirements;


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• the amount and characteristics of the satellite capacity that will be available to the Canadian marketover the lifetime of the satellite project; and

• a description of the mechanisms or processes the applicant will use to make capacity and servicesavailable to Canadian satellite users.

(b) Securing Canadian Access to Orbital Resources

The Department recognizes that a reasonable amount of time is required to implement a plan for thedevelopment of an orbital position and operation of a satellite. Access to most of the resources availablein this Call for Applications is time limited by the first-come, first-served nature of the associated ITUsatellite filing process. The Department considers that securing Canadian access to the resourcesavailable is a fundamental benefit for Canadians to be addressed in the application. To this end, theapplicant must provide information from its satellite facilities plan demonstrating credible projectmilestones that will lead to the timely deployment of satellites at the requested positions and thebringing into use of the associated spectrum.

(c) Any Other Benefits to Canadians

In addition to the important benefits noted above, the Department also recognizes that other benefits canbe realized by Canadians through the development of orbital positions and the consequent operation ofsatellite facilities. Accordingly, applicants should provide any other information they consider relevantto demonstrating the benefits to Canadians that will arise from the implementation and use of theplanned satellite facilities.

All applications will be assessed for benefits to Canadians. Where only one application is received for a licence, the Department will assess the applicationagainst the four criteria and will view favourably those applications with viable plans thatdemonstrate benefits to Canadians.

Where more than one application is received for a licence, the Department will assess theapplications against the four criteria and will view favourably those applications with viableplans demonstrating the greatest benefit to Canadians.

6.4.2 Criteria 2 - Financial Commitment to Project

The ready availability of sufficient financial resources is important to successfully implementing asatellite project.

Information Requirements. Applicants must submit sufficient information in their applicationsdemonstrating to the Department the ability to finance the implementation of their proposed satellites.This information should include:

• the quantity and sources of proposed financing;


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• the expense and revenue projections of the applicant during the life-cycle of the proposed satellite;

• financial statements of the applicants, partners, investors, and/or parent organizations for the past threeyears; and

• any supporting information or documentation, such as letters of support from Chief Executive Officersof applicants, partners, investors and/or parent organizations, that would demonstrate the nature offinancial commitment of participants in the satellite venture.

The Department will view favourably those applications with financial plans that demonstratecredibility and commitment to the proposed satellite project(s).

6.4.3 Criteria 3 - Technical Plan

While the Department will evaluate final satellite design specifications after the selection process iscomplete, but prior to the signing of satellite construction contracts, the Department will also assess thetechnical plans submitted with applications for consistency with commitments made in the application.

Information Requirements. Applicants must provide information describing the technical aspects oftheir proposed operational plan. Sufficient information should be provided to clearly demonstrate thatthe proposed deployment, operation of the satellite, and identified benefits to Canadians are technicallyfeasible. Such information could take the form of, but need not be limited to:

• the deployment of satellite facilities;

• the frequency bands associated with all communications payloads on board the spacecraft, includingfor spacecraft tracking, telemetry, and control;

• frequency and transponder plans, including frequency re-use plans and on-board signal processing;

• network inter-connectivity structure associated with any interim and new satellite proposed;

• coverage diagrams clearly indicating planned coverage of proposed satellite facilities;

• anticipated signal characteristics such as encoding schemes, modulation types, earth stationcharacteristics, etc.;

• link budget analysis for estimating the link capacity, performance and availability objectives;

• assumptions used for interference calculations; and

• other technical information which clearly supports the applicant’s operational plans and specificcommitments to serve Canada.


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The Department will view favourably those applications with satellite technical and deploymentplans demonstrating capabilities consistent with commitments made in the application,including those related to making capacity and services available to serve Canadian satelliteusers.

6.4.4 Criteria 4 - Technical, Operational and Institutional Competencies

Industry Canada will assess the applicant’s ability to implement and sustain their proposed business andtechnical plans. Accordingly, applicants should demonstrate in their application a proven track record intechnical, operational and institutional competencies necessary for the proposed project, or provide awell developed plan to illustrate how they intend to acquire and maintain these competencies.

Information Requirements. In general, applicants must provide information demonstrating a capabilityin managing satellite projects. Specifically, applicants should demonstrate competencies in procurement,coordination and the launch, and control of satellites. Capabilities related to ongoing operationalrequirements, such as business management, marketing and sales, should also be described.Additionally, applicants should describe, where applicable, any relationships with other institutions,such as partners, investors, resellers and customers (or their representative institutions), necessary toensure the success of the proposed satellite project.

Such information could include but need not be limited to:

• details concerning the experience and abilities of management and staff;

• information on previous related experience in satellite, telecommunications and other businesses; and

• a description of arrangements, along with supporting documentation if available, with otherorganizations that would enhance the ability of the applicant to implement this satellite project.

The Department will view favourably those applications where applicants demonstrate thatthey have the ability, or are able to acquire the necessary ability, to procure, coordinate, deployand operate the proposed satellite and to provide satellite capacity and services on an on-goingbasis.

7. Post-selection Procedures and Additional Information Requirements

7.1 Approval in principle

Applicants selected to develop a spectrum-orbital resource will receive an approval in principle from theDepartment. Any approvals in principle issued pursuant to this process will be subject to satisfyingcertain regulatory requirements, conditions and milestones. The onus is on the selected applicants todemonstrate to the Department at their own expense, prior to the issuance of radio authorizations andcommencement of service, their compliance with the applicable regulatory requirements, conditions andmilestones.


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Failure to meet any of the applicable regulatory requirements or any of the established implementationmilestones may result in the withdrawal of an approval in principle granted by the Department. Beforesuch a withdrawal would occur, the selected applicant would be given an opportunity (two weeks) todemonstrate why the approval in principle should not be withdrawn.

7.2 Implementation Milestones and Information Requirements Milestones. Given the value of the orbital positions, it is necessary to ensure that the selected applicantsmake timely progress toward the launch and operation of proposed satellites. Industry Canada willdevelop implementation milestones based on information provided by selected applicants while takinginto account associated ITU regulatory deadlines.

Although some applications may warrant establishing additional milestones, these milestones willtypically include:

Milestone Description

1 submitting ownership and control information demonstrating eligibility to hold alicence and information demonstrating that the proposed satellite facilities will beunder Canadian direction or control;

2 submitting satellite design specifications to the Department for any proposed new orinterim satellites;

3 implementing any interim satellites;

4 awarding contracts for construction and launch of any new satellite;

5 placing the new satellite into the assigned orbital position and bringing the spectruminto use.

Industry Canada will establish implementation milestones based on information provided byselected applicants while taking into account associated ITU regulatory deadlines. Selectedapplicants will be required to meet these milestones.

7.2.1 Milestone 1 - Demonstrating Canadian Ownership and Control and Canadian Directionand Control of the Spacecraft

Demonstrating Canadian Ownership and Control. It is expected that selected applicants will operatetheir satellite facilities as Canadian telecommunications common carriers as defined in theTelecommunications Act, or as part of a Canadian broadcasting undertaking. To be eligible to hold aradio authorization issued pursuant to this Call for Applications, the satellite operator will be required todemonstrate compliance, and to comply on an on-going basis, with the applicable ownership and controlrequirements as set out for radiocommunication carriers in section 10(2) of the RadiocommunicationRegulations.


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The Department will notify selected applicants to provide documentation, as outlined in Appendix E, todemonstrate that they comply with Canadian ownership and control requirements. Selected applicantsmust provide this information to the Department within 60 days of being notified. The Department willthen review and assess, in an expeditious manner, the documentation to identify any missinginformation or issues related to the applicant’s compliance.

The Department will then notify selected applicants regarding compliance with the Canadian ownershipand control requirements. In the event that the Department concludes that a selected applicant does notcomply with the Canadian ownership and control requirements, the Department will notify the applicantthat changes are required in order to become compliant.

If a selected applicant does not comply or fails to bring its ownership and control structure intocompliance with the Canadian ownership and control requirements to the satisfaction of the Departmentwithin 30 days after being notified that changes are required, then the approval in principle andopportunity to be issued any licences available in this process may be withdrawn.

If the holder of a radio authorization issued pursuant to this process fails to comply at all times withCanadian ownership and control requirements, the radio authorization may be subject to revocation.Before such a revocation would occur, the licensee would be given an opportunity (two weeks) todemonstrate why the radio authorization should not be revoked.

Demonstrating Spacecraft under Canadian Direction and Control. As part of Milestone 1, butbefore signing a contract for the procurement of any proposed satellite, selected applicants mustdemonstrate to the Department that any new or interim satellite will be under their direction or control.

7.2.2 Milestone 2 - Submitting Satellite Design Information

The Department will evaluate the final design specifications of proposed satellites with a view toensuring applicants will honour their commitments for providing capacity and services in the Canadianmarket, conform with the applicable provisions of the ITU Radio Regulations, and conform with anyother applicable conditions of licence. Accordingly, before signing a contract for the procurement ofany proposed satellite, selected applicants are required to demonstrate to the Department that thesatellite design will provide for meeting all commitments made for serving Canada, conform with theapplicable provisions of the ITU Radio Regulations, and conform with any applicable conditions oflicence.

7.2.3 Milestone 3 - Implementing Interim Satellites

Selected applicants must make timely progress toward the launch and operation of all proposedsatellites, including any key interim satellites.

7.2.4 Milestone 4 - Award of Contract for Construction and Launch of Satellite

Selected applicants must make timely progress toward the launch and operation of all proposed newsatellites. Accordingly, selected applicants will be required to demonstrate that they have awarded acontract for the construction and launch of any new satellite in a manner that is consistent with placing


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the satellite into the assigned orbital position and bringing the spectrum into use by the date establishedfor Milestone 5.

7.2.5 Milestone 5 - Placing New Satellite into Operation

Selected applicants will be required to place their new satellite into the assigned orbital position andbring the spectrum into use by the date established for this milestone.

7.3 Authorizations

(a) Space Station. Prior to commencing operation of any proposed satellite, selected applicants musthold a radio authorization permitting the operation of the satellite. These radio authorizations are usuallyissued a few weeks prior to the commencement of satellite operations, once all regulatory requirementsand associated milestones are met, including the payment of applicable authorization fees.

The administrative licensing information, set out in Annex B of Client Procedure Circular 2-6-02,Licensing of Space Stations in Services Other than the Amateur Satellite Service and the BroadcastingSatellite Service in Planned Bands (CPC-2-6-02), must be submitted at least 60 days in advance of theanticipated launch date of new satellites and/or in advance of the anticipated bringing into use of interimsatellites.

If the holder of a radio authorization fails to comply at all times with the conditions of licence or otherregulatory requirements, the radio authorization may be subject to revocation. Before such a revocationwould occur, the licensee would be given an opportunity (two weeks) to demonstrate why the radioauthorization should not be revoked. (b) Earth Stations. All earth stations in Canada communicating with the satellite, except thoseexempted from the licensing requirement pursuant to the Radiocommunication Act andRadiocommunication Regulations, must be licensed prior to operation pursuant to CPC-2-6-01.

(c) Licence Term and Renewal. Annual radio authorizations are issued for a period of 12 months, andare renewed on April 1st of each year. Accordingly, the radio authorizations for the satellites authorizedby this process are renewable over the expected life of the satellite on an annual basis provided thelicensees are in compliance with the conditions of licence.

(d) Use of Spectrum Outside Canada. The authorizations to be issued pursuant to this licensingprocess should not be construed in any way as giving the licensee any rights to operate earth stations, orto otherwise provide satellite services, in any country other than Canada. Should any party intend tooperate earth stations or provide satellite services outside Canada using the proposed space station, theDepartment recommends that they consult with the appropriate regulatory authorities of theadministrations concerned.

(e) Ministerial Authority. The radio authorizations that will be issued pursuant to this licensing processwill be subject to the relevant provisions in the Radiocommunication Act and the RadiocommunicationRegulations. For example, the Minister has the power to amend the terms and conditions of licence and


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to suspend or revoke a radio authorization (paragraphs 5(1)(b) and 5(2) of the RadiocommunicationAct).

As well, section 40 of the Radiocommunication Regulations, provides that radio authorizations do notconfer any right of continuing tenure in respect of the frequency or frequencies assigned. However, it isimportant to note that the Department would reallocate spectrum assigned through this process takinginto consideration all relevant matters.

(f) Review of Canadian Broadcasting and Fixed Satellite Licensing Regime. Radio authorizationfees for space stations authorized pursuant to this process are set out in the RadiocommunicationRegulations. It should be noted that Industry Canada will be consulting on the use of spectrum licences(and an appropriate licensing fee), as defined in section 2 of the Radiocommunication Act, to authorizethe use of spectrum on-board Canadian fixed and broadcasting satellites and Canadian earth stations.Given that the outcome of this review could affect the type and nature of the licences to be issuedpursuant to the conclusion of this licensing process, including the determination of the fee to be leviedfor the use of spectrum, all applicants in this process are strongly encouraged to participate in theseconsultations.

7.4 CRTC Regulation

It should be noted that the provision of telecommunications and broadcasting services in Canada issubject to the Telecommunications Act and the Broadcasting Act. A satellite and its services operatedunder the radio authorization issued pursuant to this procedure, could also be subject to regulation by theCanadian Radio-television and Telecommunications Commission (CRTC).

7.5 Conditions of Licence

Likely conditions of licence are provided below. Conditions of licence will be finalized taking intoaccount information provided in the applications. Other conditions of licence may also be required toreflect operational, regulatory, technical or milestone requirements, or pursuant to Ministerial authorityas referred to in Section 7.3(e) above. (1) Eligibility

The licensee shall conform at all times with the Canadian ownership and control requirements as set outfor a radiocommunication carrier in section 10(2)(d) of the Radiocommunication Regulations.

(2) Licence Transferability

This licence may not be transferred or assigned without a full review of the application by theDepartment and without the authorization of the Minister. For clarification, and without limiting thegenerality of the foregoing, transfer includes any leasing, sub-leasing or other disposition of the rightsand obligations of the licence, and also includes any change which would have a material effect on theownership or control in fact of the licensee.


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(3) Direction or Control of Spacecraft

The licensee shall ensure the satellite is under the direction or control of a Canadian entity as set out insection 3(3)(b) of the Radiocommunication Act.

(4) Implementation Milestones

The licensee shall ensure that all established implementation milestones and related requirements aremet.

(5) Laws, Regulations, and Other Obligations

The licensee is subject to and must comply with the ITU Radio Regulations, the RadiocommunicationAct and the Radiocommunication Regulations, and Canada’s spectrum utilization policies pertaining toits licensed radio frequency bands.

(6) Satellite Coverage

The licensee shall operate the satellite facility to serve Canada in accordance with its commitments.

(7) Satellite Design Approval

Prior to entering into a contract for the procurement of a satellite, the licensee shall demonstrate to theDepartment that the satellite design will meet all commitments made for serving Canada, and complywith all technical requirements.

(8) Capacity to Meet Needs of Users and Service Providers in Canada

For satellites operated by a Canadian telecommunications common carrier, the licensee shall adhere toall commitments made in its application for providing satellite capacity and services, on anon-discriminatory basis, to users and service providers in Canada.

(9) Capacity or Other Benefits for Underserved Communities

The licensee shall direct a minimum of two percent of adjusted gross annual revenues resulting from theoperation of its satellite towards special initiatives, such as the National Satellite Initiative beingdelivered by Industry Canada, aimed at improving connectivity in underserved areas of Canada. Suchspecial initiatives will be developed with the Department.

(10) Technical Specifications

The licensee shall ensure the satellite complies with all applicable technical and operationalrequirements as set out in the ITU Radio Regulations.


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(11) Orbital Debris Mitigation

The satellite, at the end of its life, shall be removed from the geostationary satellite orbit region in amanner consistent with Recommendation ITU-R S.1003 Environmental Protection of the GeostationarySatellite Orbit.

(12) International Satellite Coordination

The satellite must be coordinated internationally prior to commencement of operation, and be notified tothe ITU. To this end, the licensee shall participate at its own expense, including the payment ofassociated ITU filing fees, in the coordination of the satellite network with the satellite and terrestrialnetworks of other countries; provide the Department in a form acceptable to the ITU with the satellitecoordination, notification and administrative due diligence information required by the ITU; and ensurethat the operation of the satellite conforms with any arrangements and agreements undertaken byCanada with respect to the coordination of the satellite.

(13) Domestic Satellite Coordination

The licensee will be required to coordinate the satellite network with other potentially affected Canadiansatellite and terrestrial services, and the satellite must be operated in a manner consistent with anyarrangements made to facilitate domestic satellite coordination.

(14) Satellite Licensing Information

The licensee shall submit the administrative licensing information, set out in Annex B of CPC-2-6-02, atleast 60 days in advance of the anticipated launch date of the satellite. The licensee must also submit atraffic report for the satellite every three months thereafter.

(15) Earth Station Licensing

All earth stations in Canada communicating with the satellite, except those exempted from the licensingrequirement pursuant to the Radiocommunication Act and Radiocommunication Regulations, shall belicensed prior to operation pursuant to CPC-2-6-01.

(16) Annual Reporting

The licensee shall provide the Department with a detailed annual report outlining progress made in allareas and indicating compliance with all licence conditions. This annual report is to include copies ofany existing annual report for the licensee’s fiscal year with respect to this authorization. After launch,this report is to include a current listing of all satellite capacity made available through thisauthorization, the capacity assigned to Canadian service providers and others, including the parties towhich it is assigned, and any unused capacity including the terms of its availability.

These annual reports are to be augmented with semi-annual interim reports providing an update on allaspects of the design, procurement, construction, coordination and launch of the satellite until allproposed satellites have been put into service.


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8. Procedural Matters

Information concerning clarification questions, instructions for filing satellite user registrations,applications, including Canadian Satellite Capacity and Services Plans, as well as any comments orreply comments related to such plans, are provided in the following paragraphs.

8.1 Clarification Questions

Written questions asking for clarification of procedures or policies set out in this Call for Applicationswill be accepted. Questions are to be submitted to the Director, Space and International RegulatoryActivities by e-mail at [email protected] by 5:00 p.m. ET on July 31, 2006. All questions received by thedeadline and the Department’s written answers to these questions will be made public. These answerswill be considered as amendments or supplements to the policies and procedures set out in this Call forApplications. 8.2 Satellite User Registrations

Those Canadian satellite users or representative organizations wishing to register with the Departmentmust complete the form provided in Appendix A. Completed forms must be submitted to theDepartment in electronic format at the address noted in Section 8.8 by the deadline noted in Section 8.5. 8.3 Submitting Applications

All applications must refer to Canada Gazette notice DGRB-001-06, and clearly identify the applicant,provide the name of a person who can be contacted regarding the application (with a correspondingmailing address, electronic mailing address, and telephone and fax numbers), and indicate whichlicence(s), described in Table 1, the application refers to.

8.3.1 Application Format and Confidentiality

Applicants are required to provide one electronic copy and one paper copy of each applicationsubmitted. The Department requires that electronic copies be provided in one of the following formats:WordPerfect; Microsoft Word; or Adobe PDF.

Industry Canada recognizes that certain portions of the applications may be considered confidential byan applicant. If this is the case, the complete application is comprised of one electronic copy and onepaper copy of the confidential version, and one electronic copy and one paper copy of a non-confidentialversion. Industry Canada will post the non-confidential versions of the applications.

Applicants should be aware that all information submitted pursuant to this Call for Applicationsincluding information which they have identified as being confidential is subject to the Access toInformation Act. Applicants concerned about the confidentiality of the information provided are advisedto refer to that Act.

mailto:[email protected]



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8.3.2 Canadian Satellite Capacity and Services Plans

Although Canadian Satellite Capacity and Services Plans form part of the application, applicants arereminded that these plans will be posted on the website. The Department therefore requires that allCanadian Satellite Capacity and Services Plans be submitted as stand-alone documents on a non-confidential basis in both electronic and paper format.

8.4 Submitting Comments on Canadian Satellite Capacity and Services Plans

As indicated in Section 3, Canadian satellite users are invited to provide comments concerning theCanadian Satellite Capacity and Services Plans. Applicants are also invited to respond to thesecomments.

All comments must refer to Gazette notice DGRB-001-06, provide the name of a contact person (withcorresponding mailing address, e-mail address, and telephone and fax numbers), and clearly identify theapplicant and plan being referred. Comments on plans must be submitted in electronic format to the departmental address noted inSection 8.8, by the deadline noted in Section 8.5(d), in one of the following formats: WordPerfect;Microsoft Word; or Adobe PDF. These comments will be posted on the website and must be submittedon a non-confidential basis.

All applicant responses to these comments must be submitted in electronic format to the departmentaladdress noted in Section 8.8, by the deadline noted in Section 8.5(e), in one of the following formats:WordPerfect; Microsoft Word; or Adobe PDF. These comments will be also be posted and must besubmitted on a non-confidential basis.

8.5 Deadlines

(a) Clarification Questions

Clarification questions must be made in writing and be received by July 31, 2006.

(b) Submission of Satellite User Registrations

Satellite user registrations must be received by August 15, 2006.

(c) Submission of Applications

Applications must be received by the Department by 5:00 p.m. ET on November 15, 2006.

(d) Submission of Comments

Comments on Canadian Satellite Capacity and Services Plans must be received by 5:00 p.m. ET onDecember 15, 2006.


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(e) Submission of Applicant Responses to Comments

Applicant responses to comments must be received by 5:00 p.m. ET on January 15, 2007.

(f) Modifications to Deadlines

Every effort will be made to adhere to the deadlines indicated above, and to publishing clarifications,user registrations, applications, Canadian Satellite Capacity and Services Plans, comments on plans, andapplicant responses to comments within one or two business days of their receipt.

However, should the publication of information take longer than anticipated, the Department mayextend the appropriate deadlines. Also, should the preparation of responses take longer than anticipated,the Department may extend subsequent deadlines.

The Department may also grant an extension, on an exceptional basis, of up to five business days toprovide complete applications if an applicant is unable to provide it by the indicated deadline. Anyrequest for an extension must be made in writing and provide supporting reasons. It must be received nolater than 48 hours before the Department's established deadline for submission of applications. Shouldsuch an extension be granted, the extension would be made available to all potential applicants.

Should such extensions to deadlines, or other extensions considered appropriate by the Department, benecessary, a notice to this effect would be posted on the website.

8.6 Public Access to Documents

All satellite user registrations, applications (non-confidential versions if provided), Canadian SatelliteCapacity and Services Plans and related comments received will be posted on the website. Every effortwill be made to post these for public viewing within a few days of their receipt. In addition, a summarylisting of all applicants and the licences they have applied for will be posted.

Official printed copies of the Canada Gazette notice can be obtained from the Canada Gazette websiteat: http://www.gazette.gc.ca/index-eng.html.

http://www.gazette.gc.ca/index-eng.html


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8.7 Related Documents

The following references noted in this paper are available on the website under Official Publications.

RA Radiocommunication Act

RR Radiocommunication Regulations

TA Telecommunications Act

BA Broadcasting Act

CPC-2-6-01 Procedure for the Submission of Applications to License Fixed Earth Stationsand to Approve the Use of Foreign Fixed-Satellite Service Satellites in Canada

CPC-2-6-02 Licensing of Space Stations in Services Other than the Amateur Satellite Serviceand the Broadcasting Satellite Service in Planned Bands

CPC-2-0-15 Canadian Ownership and Control

RP-002 Policy for the Use of Geostationary-Satellite Orbit by Canadian SatelliteNetworks

RP-008 Policy Framework for the Provision of Fixed Satellite Services

RP-010 Policy Guidelines Concerning the Transfer of Radio Licences

RP-020 Guidelines on the Licensing Process and Spectrum Release Plan (2001 Edition)

SP 1-20 GHz Revisions to Microwave Spectrum Utilization Policies in the Range of 1-20 GHz

SP 3-30 GHz Revisions to Spectrum Utilization Policies in the 3-30 GHz Frequency Rangeand Further Consultation

Canadian Table of Frequency Allocations 9 kHz to 275 GHz

__________CPC - Client Procedures CircularRP - Radio Systems PolicySP - Spectrum Utilisation Policy


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8.8 Departmental Address/Contact

Chantal BeaumierDirector, Space and International Regulatory ActivitiesRadiocommunications and Broadcasting Regulatory BranchIndustry CanadaRoom 1564C - Jean Edmonds Tower North300 Slater StreetOttawa, Ontario K1A 0C8

E-mail: [email protected]

Issued under the Authority of the Radiocommunication Act

________________________________Jan SkoraDirector GeneralRadiocommunications and BroadcastingRegulatory Branch

____________________________Leonard St-AubinA/Director GeneralTelecommunications Policy Branch



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Appendix A - Canadian Satellite User Registration Form

In order to participate in the consultation process this form must be completed and signed by a seniorofficer of your organization.

Name of Organization:

Name of Contact:

Title of Contact:

Address:

E-mail Address:

Phone Number:

Fax Number:

A brief description of your organization’s existing and anticipated interest in satellite capacity andservices:

Signature: ______________________________________________

Date: _________________________________________________


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Appendix B - Access to and Utilization of the Band 13.75-14 GHz

Coincident with the release of this Call for Applications, the Department will consider for authorizationearth station applications in the band 13.75-14 GHz for antennas as small as 1.2 metres in diameter. FSSoperators may freely deploy such earth stations without any additional technical and operationalrestrictions where placement of the earth station is sufficiently distant from the Canada-U.S. border andCanada’s baseline of the territorial coastal waters to meet the PFD requirement. The coastal baseline isshown on the Department of Fisheries and Oceans map of Maritime Zones of Canada (map number—400). This baseline is the low-water mark line along Canada’s coasts and is further prescribed in theDepartment of Justice’s Territorial Sea Geographical Coordinates Orders, found at:

http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1550/index.html andhttp://laws-lois.justice.gc.ca/eng/regulations/SOR-85-872/index.html.

In cases where placement of the proposed earth station is fairly close to the Canada-U.S. border or thecoastal baselines as described above, FSS operators, prior to any authorization, must demonstrate to theDepartment that they meet the PFD or demonstrate what measures have been taken in order not toexceed the prescribed PFD limit. It should be noted that the location of the earth station and the localterrain will play a significant factor so as not to exceed the PFD limit. The orbital location of the spacestation with which the proposed earth station communicates may also be a contributing factor.

As previously mentioned, the ITU-R has conducted technical studies to help administrations determinehow to ensure that the PFD limits contained in the Radio Regulations are met. This work has beendocumented in Recommendation ITU-R S.1712 entitled Methodologies for determining whether an FSSearth station at a given location could transmit in the band 13.75-14 GHz without exceeding the PFDlimits in RR 5.502, and the guidelines to mitigate excesses. This recommendation describes threemethods which should be used for determining whether an earth station proposed to operate in the bandwould meet the PFD limits of RR 5.502.

Preliminary Technical Studies

Earth station interference into radar operations

The Department has conducted preliminary technical studies to determine a typical distance required tomeet the PFD limits under specific assumptions. The results of these calculations are provided inTable B1.

These calculations were made for a smooth Earth model (no terrain elevation) and based on several assumptions as outlined below. Results are provided for several earth station antenna heightsabove local terrain to simulate various antenna locations atop natural (e.g. hills) or man-made objects.


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Table B1 - Example Calculations of Distance to Meet PFD limit of -115 dBW/m2 for 99% of the Time for an Earth Station Transmitting at 1, 10 and 100 Watts

Earth Station Height Above Ground (m)

Required distance (km)

1 W 10 W 100 W

1 32 46 79

10 50 60 80

100 90 95 105

200 111 117 125

300 129 137 144

500 159 166 174

Assumptions:

• Smooth Earth propagation model using Recommendation ITU-R P.452-10;• PFD is measured 36 m above ground (specified height for coastline);• Earth station antenna diameter is 1.2 m, but results would also be valid for any antenna size between

1.2 m and 4.5 m if they use the same antenna pattern;• Antenna pattern is per Recommendation ITU-R S.580:

G = 29 – 25 log ϕ dBi(G being the gain relative to an isotropic antenna and ϕ being the off-axis angle in the directionof the geostationary-satellite orbit referred to the main-lobe axis);

• Distance is computed for angles off-boresight exceeding 30 degrees (distances would be larger insome cases where azimuth of coastline or border corresponds to earth station pointing azimuth andwhere earth station antenna operates at lower elevation angles).

The results show that a typical distance from the coast or border within the range of 100 to 200 kmwould typically be sufficient to meet the PFD limits. However, it must be further stated that the actualdistance depends heavily on the assumptions used to derive the required distance. The terrain elevationprofile will have a significant impact on the PFD level generated at coastlines or the border.

Radar interference into FSS space station receivers

In the international deliberations to facilitate FSS in the band 13.75-14 GHz, when considering thesharing criteria between the fixed-satellite and radiolocation services, one of the concerns identified wasthe potential of interference to FSS space station receivers from radar transmitters, which may emit highsignal levels in the direction of the satellite(s). ITU-R studies have confirmed that sharing is possibleprovided power limitations are placed on the radar stations and that sufficient power is utilized by theFSS earth stations communicating with the space stations. These values have been subsequently


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incorporated into ITU footnotes and ITU-R Recommendations. While provisions to permit theintroduction of smaller earth station antennas were adopted by WRC-2003, the emphasis of the workfocused on the prevention of interference into radiolocation systems. Preparatory work for WRC-2003recognized that, in order to understand the implications of smaller earth station antennas on theinterference environment for FSS, further studies would be required within the ITU-R.

FSS operators should take into account the above in any future satellite network designs and becomefamiliar with any potential exposure of radar emissions that may, in exceptional situations, causeinterference to the FSS space station receiver(s).

It should be noted that the Department does not purport to have identified all of the constraints orrestrictions on the various radio services operating in the band 13.75-14 GHz.


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Appendix C - Overview of the International Regulatory Framework for Canadian Satellites in the North American Context

In accordance with the International Telecommunication Union (ITU) Radio Regulations, before anadministration brings a satellite network into operation, the proposed network must be coordinated withall potentially affected existing and planned foreign networks. As Canada is a signatory to the ITUtreaties, the successful applicant receiving Canadian authorization to establish a satellite networkresulting from this Call for Applications must fulfill the obligations prescribed in the ITU RadioRegulations, including the coordination of its proposed satellite networks as discussed earlier inSection 5.3.2 of this document.

C.1 FSS Extended Ku, FSS Ka and 17 GHz BSS

Successfully coordinated frequency assignments that conform to the ITU Radio Regulations receiverights; including:

• recognition through the recording of frequency assignments with favourable findings in the MasterInternational Frequency Register (MIFR), and;

• protection through the ITU’s technical examinations and identification of foreign networks that maypotentially impact on proposed Canadian operations.

Satellite network filings at the Advance Publication of Information (API) stage are not considered in theITU technical review. Coordination requests are considered protected from the date of receipt of thecomplete coordination information. They lose this protection at the latest date for bringing the satelliteinto use if the satellite is not successfully notified and brought into use by this date. Modifications to acoordination notice may alter the protection date of an assignment if a modification increases thepotential of interference to or from foreign satellite networks that are already protected. Once broughtinto use and successfully notified, the satellite network enjoys protection from foreign satellite networkson the basis of the registered parameters for the period of validity identified for the satellite network.

Canada has initiated coordination activity through the submission of the API and coordinationinformation to the ITU for spectrum-orbital resources included in this Call for Applications. Informationregarding these filings is available on the Spectrum Management and Telecommunications website atwww.strategis.ic.gc.ca/satelliteservices. This information indicates the orbital position, proposedfrequency bands of operation, the current ITU coordination status (API or Coordination), foreignadministrations who have requested coordination, and the date after which the filing becomes obsolete.

Please note, although every attempt has been made to ensure the accuracy of the informationavailable, applicants are encouraged to independently research international coordinationinformation for those licences of interest to them, in an effort to determine internationalcoordination status.


10 The ITU Telecom Information Exchange Services (TIES) is a set of networked information services and resources forthe global telecommunications community.

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The detailed technical parameters for each filing can also be found on Industry Canada’s SpectrumManagement and Telecommunications website or directly from the ITU’s SNS database athttp://www.itu.int/sns/ for applicants with a TIES10 account. As most of these networks are currently atthe coordination stage, applicants are encouraged to review this information and determine if theseproposals meet their technical requirements and can be implemented within the time frames indicated.Each of these filings carries with it a different set of obligations and rights with respect to other foreignsatellite networks filed with the ITU. Thus, if the applicant’s satellite network can be described by anyof these filings, especially the earlier filings, this would provide certain advantages to the successfulapplicant. However, if the applicant’s satellite network cannot be represented, from an interference orimplementation perspective, by these filings, the Department would be willing to submit a new orrevised filing. It should be noted that under ITU regulations, new filings will receive a later priority datewhich may result in greater coordination obligations.

Any selected applicants will be expected to assume responsibility for any required coordinationnegotiations at the operator-to-operator level, with oversight by the Department.

C.1.1 Additional Considerations Regarding FSS Ka Canada’s use of the Ka band spectrum is subject to an arrangement with the United States wherebyKa band satellite networks will be designed and operated in such a manner as to be compliant with theFCC’s 2E spacing rules for Ka band spectrum. This arrangement greatly facilitates the coordinationprocess since detailed coordination is only required for satellite networks having an orbital separationwhich is less than 2o. The coordination activities for filings at the 91.0o W and 118.7o W orbital positionsare well advanced, and in some cases near completion. Further work is required to finalize Ka bandcoordination at the 107.3o W and 109.2o W orbital positions.

C.1.2 Additional Considerations Regarding BSS 17 GHz

It should be noted that the United States has also submitted filings for 17 GHz BSS resources which areat the same or near the following orbital positions: 91o W, 95o W, 99o W, 103o W, 107.3o W, 111.1o W,114.9o W, and 118.7o W. These U.S. filings expire on the same date as the Canadian filings. Canada andthe United States have equal priority access to these resources and any use of these resources must becoordinated with each other. In the case of 113o W, the United States has submitted a filing at 114.5o Wprior to the Canadian 113o W filing. As such, any Canadian use of 113o W will require coordination withthe United States.

C.2 12 GHz BSS

The 12 GHz BSS band and its associated feeder link band (17.3-17.8 GHz) were planned at the 1983Region 2 Regional Administrative Radio Conference. In the resulting allotment plan, found inAppendix 30 and Appendix 30A of the ITU Radio Regulations, Canada was allotted six non-

http://www.itu.int/sns/


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overlapping service areas covering Canada from west to east, with each of these areas being served fromseparate orbital positions.

In 1996, however, Industry Canada submitted coverage modifications to the ITU with a view toward theimplementation of satellites to provide coverage to all of Canada and beyond from each of the 12 GHzBSS orbital positions. It should be noted that these extended coverage modifications are time limited bythe ITU regulatory process and require coordination and to be brought into use by specific dates. Todate, four of the six orbital positions have since been successfully modified to provide coverage of allCanada. In the case of the 138o W orbital position, the deadline for implementing the modification for asatellite to cover all of Canada visible from that position has lapsed. If the selected applicant would liketo amend the Region 2 Plan for the 138o W orbital position, a new filing will be required to modify theRegion 2 Plan. The Department will work with the successful applicant to seek agreement of otheradministrations that may be affected by a modification to the Region 2 plan.


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Appendix D - Declaration of Ownership and Control

I, the undersigned, do hereby make the following statements that I certify to be true and complete inevery respect.

I certify, on behalf of (Name of applicant) that:

I have read, and I understand the requirement to comply with, the Canadian carrier eligibility criteria asset out in section 10 of the Radiocommunication Regulations.

Signature: ___________________________________________________________________________

Name of Officer: _____________________________________________________________________

Title of Officer: ______________________________________________________________________

Date:_______________________________________________________________________________


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Appendix E - Information Required for Demonstrating Compliance with Ownership andControl Requirements as Described in Section 7.2.1

General

• a narrative explaining the company’s Canadian ownership and control structure; Incorporation Documents

• the Canadian incorporation documents, including articles of incorporation, bylaws, addendums, andappendices;

• all agreements between or among the operating company, holding company and any other affiliatedcompanies related to the governance or management of these companies;

Shareholdings

• certified copies of the current Register of Shareholders, for all classes and series of shares, stating thecitizenship and ordinary residence of each shareholder, for the company and holding company(ies);

• the details of the rights, privileges, restrictions and conditions of each class of shares for the companyand holding company(ies);

• for each shareholder who is an individual and identified as “Canadian” (as defined in the CanadianTelecommunications Common Carrier Ownership and Control Regulations), an affidavit or statutorydeclaration regarding citizenship, residency and ordinary residence. However, where shares of thecorporation are widely held, and where the Register includes the address of each registeredshareholder, a certified copy of the register will be sufficient;

• where shares are held in trust, the name and address of the trustee are required, and where the trusteeis an individual, the citizenship of the trustee;

• any other document identifying the details of the beneficial ownership by Canadians, and bynon-Canadians, of each class of shares for the company and any related holding company;

• copies of all shareholders or partnership agreements for the company and any related holdingcompany;

Directors

• certified copies of the current Register of Directors for the company and any related holding company,indicating citizenship and residence;


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• if there is a relationship between a director and a non-Canadian shareholder, information regarding thenature of that relationship (e.g. employee, officer, director, shareholder, significant contract, or spouseof employee, officer, director, shareholder);

• the details of any agreements or arrangements related to the nomination, designation or election ofdirectors of the company and any related holding company;

• an affidavit or statutory declaration regarding Canadian citizenship or residency, and ordinaryresidence, of any individual director identified as “Canadian” (as defined in the CanadianTelecommunications Common Carrier Ownership and Control Regulations);

Officers

• the name and citizenship of each officer, and the office held of each officer of the company and anyrelated holding company, and details of any relationship between the officers and non-Canadianshareholders;

• the details of any agreements or arrangements related to the appointment of officers of the companyand any related holding company;

Financing

• the complete details of the financial structure of the company and any related holding company,including the source of debt and equity financing. Please provide details as to the share structure,source of financing (banks, shareholders, passive investors, etc.), and provide copies of any agreementrelated to current or future Canadian or non-Canadian equity (voting and non-voting);

Agreements

• copies of any agreements or covenants between the company and any non-Canadian partner oraffiliate, including agreements or arrangements for the provision of management services, acquisitionof intellectual property, or instruments granting current or future rights in the company’sradiocommunication assets; and

• the details of any other agreement or arrangement which could affect whether the company or anyrelated holding company is or is not controlled in fact by Canadians.

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