Cross-Border Operation

Note

All persons making use of this consolidation are reminded that the documents included herein are provided only for convenience of reference. This consolidation is for the guidance of those engaged in radiocommunications in Canada. The information contained in this document is subject to change without notice. While every reasonable effort has been made to ensure accuracy, no warranty is expressed or implied. For more details, please contact the Terrestrial Services Frequency Management Division (International Systems).

The agreements and arrangements contained herein have been negotiated under the authority of the Government of Canada by the Department of Communications whose spectrum management and telecommunications programs have been transferred to Industry Canada.

All notes in square brackets [ ] were added for clarification purposes.

Prepared by:

Industry Canada
Radio Regulatory Branch
300 Slater Street
Ottawa, Ontario
K1A 0C8

Publication Date: December 1993


300 Slater Street
Ottawa, Ontario
KlA 0C8

November 27, 1985

Mr. Will A. McGibbon
Chief, Spectrum Management Division
Room 7218
Federal Communications Commission
Washington, D.C.
20554
U.S.A.

Dear Mr. McGibbon:

This refers to the 1952 Convention between Canada and the United States of America concerning the operation by citizens of either country of certain radio equipment or stations in the other country.

There have been a number of agreements made between common carrier communication companies in Canada with similar companies in the United States. These agreements allow mobile telephone radio units that are associated with these common carrier communication companies to obtain similar service in the other country. Presently, the mobile radio unit is required to be registered and issued a permit to operate in the other country, in accordance with the 1952 convention.

In the 1952 convention, the statement "… it may be required, however, that such mobile stations first be registered and issued a permit …" can be taken as permissive rather than a requirement. Therefore, if you agree please consider this letter as a proposal for an informal arrangement to suspend the requirement for the registration of and the issuance of a permit to mobile radio units operating in the other country through a common carrier communications company. This proposal has been agreed to by the Department of External Affairs and does not include those stations identified in section (a) of Article II of the Convention.

Yours truly,

R.W. Jones
Director General
Radio Regulatory Branch


FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

May 14, 1986

In reply refer to: 31220-C

Mr. R.W. Jones
Director General, Radio
Regulatory Branch
Department of Communications
300 Slater Street
Ottawa, Ontario
K1A 0C8

Dear Mr. Jones:

This is in reply to your letter dated November 27, 1985, concerning the Convention between the United Stated of America and Canada relating to the operation by citizens of either country of certain radio equipment or stations in the other country.

Please consider this letter as our acceptance of your proposal for an understanding between the Commission and the Department of Communications to suspend the requirement for the registration of and the issuance of a permit for mobile telephone radio units operating through a common carrier communications company. You may wish to note that under our rules, a mobile unit so operated would be considered to be associated with and covered by the authorization issued to the common carrier serving the land mobile station (47 C.F.R. 22.9 (c) (1)) if that station is not separately authorized. Responsibility for operational control and maintenance of the mobile unit shall be as set forth in 47 C.F.R. 22.514 (copy enclosed). As specified in your letter, this understanding does not include those stations identified in section (a) of Article II of the Convention.

The foregoing understanding constitutes an administrative change within the terms of the convention that is acceptable to the United States Department of State and shall be considered effective as of the date of this letter.

Sincerely,

Will A. McGibbon
Chief, Spectrum Engineering Division

Enclosure


22.514 Responsibility for operational control and maintenance of mobile units

  1. The licensee of a base station in this service shall be responsible for exercising effective operational control over all mobile units with which it communicates. The proper installation and maintenance of such mobile units shall be the responsibility of the respective licensees thereof, except that subscribers who elect to provide their own land and air mobile units shall be responsible for proper installation and maintenance of such mobile units. These subscribers are required to do the following:
    1. To comply with all applicable rules and regulations of the Commission;
    2. To use type accepted mobile units only, and to furnish the type accepted number to the carrier;
    3. To provide and operate mobile units which meet compatibility specifications of the carrier's mobile system and to provide evidence to the carrier to demonstrate such compatibility;
    4. To indicate to the carrier the number of mobile units which the subscriber plans to operate and to operate no mobile units other than those disclosed to the carrier;
    5. To furnish to the carrier, at the time when the subscriber requests service, the subscriber's name and address, and to update this information promptly to keep it current at all times;
    6. To take prompt action to eliminate unacceptable interference to the mobile system or to other users;
    7. To make the mobile station equipment available for inspection by representatives of the Commission at any reasonable hour.
  2. If a subscriber fails to comply with any of the above requirements, the serving carrier may refuse or suspend service to the subscriber, in accordance with any applicable local requirements for timely notification, until the subscriber has corrected the deficiency for which service was refused or suspended.

    When the Commission investigates allegations of improper operation of a mobile unit, the carrier shall furnish, upon reasonable request by the Commission, the subscriber's name and address as well as technical information concerning the mobile unit(s) associated with the subscriber. Where the allegations relate to a subscriber who furnishes his or her own land mobile unit, the carriers's responsibility for such mobile unit shall be discharged by furnishing the specified information; except that, in cases of aggravated or repeated violations, the Commission may require the carrier to suspend service indefinitely to the subscriber.
  3. A mobile unit normally associated with and licensed to a specified base station will be deemed, when communicating with a different base station pursuant to legally effective tariff provisions to be temporarily associated with and licensed to such different base station and the licensee of such different base station shall, for such temporary period, assume the same licensee responsibility for such mobile unit as if such unit were regularly licensed to it.

[45 FR 25805, Apr. 16, 1980, as amended at 51 FR 39755, Oct. 31, 1986]


300 Slater Street
Ottawa, Ontario
K1A 0C8

File no: 1030-1

April 5, 1991

Ms. Beverly Baker
Deputy Chief, Private Radio Bureau
Federal Communications Commission
2025 M Street N. W.
Washington, DC 20554
U.S.A.

Dear Ms. Baker:

This refers to the 1952 Convention between Canada and the United States of America concerning the operation by citizens of either country of certain radio equipment or stations in the other country.

There have been subsequent agreements made that permit the operation of certain terrestrial mobile telephone radio units associated with common carriers in both countries to operate in either country. Arrangements have also been reached whereby the permit required under the 1952 Convention for such mobile units to operate in the other country is waived. Our exchange of letters between Mr. Robert W. Jones of November 27th, 1985 and Mr. Will A. McGibbon of May 14th, 1986 refers.

It is now understood from the June, 1988 FCC/DOC meeting that there are mobile radio systems that come under Article II (a) of the 1952 Convention that need to be included under such an arrangement. We have also been approached by the Radio Advisory Board of Canada to permit other terrestrial mobile systems operating through licensed repeater stations, to operate with the same privileges as now granted for those of the common carriers.

In the 1952 Convention, the statement that "…each country may require the registration of examination of citizens of the other country and the issuance of a permit.…" is permissive rather than obligatory. Therefore, if you agree, we would like to suspend the requirement under the 1952 Convention for the registration and the issuance of a permit to terrestrial mobile radio units operating in the other country, providing such mobiles are under the control of a properly licensed terrestrial station in the country in which it is operating.

If this proposal is acceptable, your reply will constitute an administrative change under the 1952 Convention to be effective immediately.

Yours truly,

M.K. Nunas
Director
Spectrum Management Operations
Radio Regulatory Branch


FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

April 15, 1991

In reply refer to: 7300-02

Mr. M.K. Nunas
Director
Spectrum Management Operations
Radio Regulatory Branch
Department of Communications
300 Slater Street
Ottawa, Ontario
K1A 0C8

Dear Mr. Nunas:

I have received and reviewed your letter of April 5, 1991, concerning the 1952 Convention between Canada and the United States. Your letter specifically addresses the operation by citizens of either country of certain radio equipment or stations in the other country.

In your letter you suggest that we "suspend the requirement under the 1952 Convention for the registration and the issuance of a permit to terrestrial mobile radio units operating in the other country, providing such mobiles are under the control of a properly licensed terrestrial station in the country in which it is operating." You further state in your letter that if this proposal is acceptable to me, my reply will constitute an administrative change under the 1952 Convention to be effective immediately.

I have reviewed the content of your letter and find your proposal completely acceptable. Please accept this reply as my concurrence. As you suggest, this administrative change shall become effective immediately.

Sincerely,

Beverly G. Baker
Deputy Chief, Private Radio Bureau

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