CPC-2-6-02 - Licensing of Space Stations
Issue 2, July 2008
Client Procedures Circular
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Licensing of Space Stations (PDF - 63 KB - 15 pages)
Preface
Client Procedures Circulars describe the various procedures or processes to be followed by the public when dealing with Industry Canada. The information contained in these circulars is subject to change without notice. It is therefore suggested that interested persons consult the nearest district office of Industry Canada for additional details. While every reasonable effort has been made to ensure accuracy, no warranty is expressed or implied. As well, these circulars have no status in law.
Comments and suggestions may be directed to the following address:
Industry Canada
Radiocommunications and
Broadcasting Regulatory Branch
300 Slater Street
Ottawa, Ontario
K1A 0C8
Attention: DOS
Email: spectrum_pubs@ic.gc.ca
All Spectrum Management and Telecommunications publications are available on the following website: http://www.ic.gc.ca/spectrum.
Contents
Annex A — Information Required with a Letter of Intent for a Proposed Space Station
Annex B — Technical Information Required For Proposed Space Stations
This document sets out the general licensing procedures and information requirements to request a licence to operate a satellite network. It should be noted that application procedures and information requirements related to spectrum and orbital positions made available through the use of competitive licensing processes may differ from the procedures, requirements and assessment criteria set out in this document.
The term "licensing", as used in the Radiocommunication Act, Radiocommunication Act, means the authorization of radio apparatus at specific locations, whether on land, ships, aircraft or spacecraft. The Radiocommunication Act "…applies within Canada and on board…any spacecraft that is under the direction or control of…a corporation incorporated or resident in Canada" [subparagraph 3(3)(b)(iii)]. Industry Canada does not license telecommunication services per se under the authority of the Radiocommunication Act, these are covered by the Telecommunications Act and are regulated by the Canadian Radio-television and Telecommunications Commission. Radio apparatus can be licensed under the Radiocommunication Act where an internationally defined service is affixed as a condition or term of licence.
Before issuing a licence in accordance with the Radiocommunication Act, the Department will ensure that domestic licensing requirements have been met, and that domestic and international coordination have been successfully completed.
These procedures are built upon the provisions of the International Telecommunication Union (ITU) Radio Regulations and are intended to provide guidance regarding the submission and processing of licence applications for a space station (i.e., a satellite). The processing of a licence application for a satellite network is based on information regarding the space station, including its service area, and the parameters of the associated earth stations. However, the actual licensing of earth stations, and thus those used for telemetry, telecommand and tracking, are carried out pursuant to the provisions of Client Procedures Circular, Procedure for the Submission of Applications to License Fixed Earth Stations and to Approve the Use of Foreign Fixed Satellite Service (FSS) Satellites in Canada (CPC–2–6–01) and Client Procedures Circular, Guidelines for the Submission of Applications to Provide Mobile Satellite Services in Canada (CPC–2–6–06).
Applications for licences for commercial space stations will be considered from Canadian companies which have the demonstrated ability to control and operate a satellite space station (or can acquire such a capability). Industry Canada will also consider, on a case-by-case basis, applications for scientific or experimental satellites.
In accordance with the Telecommunications Act and the Canadian Telecommunications Common Carrier Ownership and Control Regulations, as well as the Radiocommunication Regulations, a carrier must be Canadian owned and controlled.
4.2 Frequency Assignment Coordination and Notification
The procedures for international coordination and notification are established by the ITU. Satellite network coordination is required where satellite networks of other administrations might be affected. The criteria to be used in determining whether coordination is necessary with other existing or planned satellite networks are contained in the ITU Radio Regulations. Upon completion of international coordination, typical frequency assignments to the satellite network will be notified to the ITU.
Applicants will also be required to coordinate their satellite networks with other potentially affected Canadian satellite networks (existing or planned). Although the Department is of the view that Canadian satellites located at adjacent geostationary orbital positions should have equitable access to all assigned spectrum, in some cases it will be incumbent upon operators of new satellites to accommodate certain services carried by existing licensed facilities. The Department would be supportive of coordination arrangements that are mutually acceptable to all concerned parties.
A space station licence will be issued for each satellite of a specific satellite network. The licence will specify conditions under which the satellite network must operate, for example, conditions agreed upon during domestic and international frequency coordination consultations. It should be noted that specific earth stations of this satellite network may have their own conditions of licence. (See CPC–2–6–01 for the procedure applicable to the coordination and licensing of such earth stations.)
Elements of government policy directly applicable to the satellite service provided by the satellite network will be made conditions of authorization, as well as any conditions elaborated in the correspondence related to Phases 1, 2 and 3 of this procedure. These conditions may include, inter alia, that:
- The licensee must make available the facilities and capacity for lease, resale and sharing to other service providers on an unrestricted, non-discriminatory basis;
- The licensee must implement its system as substantially outlined in its submissions;
- The licensee must file detailed reports outlining progress made in all areas;
- For carriers, the licensee must comply with the eligibility criteria as set out in section 16 of the Telecommunications Act and the Canadian Telecommunications Common Carrier Ownership and Control Regulations and/or as set out in section 10 of the Radiocommunication Regulations;
- Licences may not be transferred or assigned without full review of an application by the Department and the authorization of the Minister. For clarification and without limiting the generality of the foregoing, "transfer" includes any leasing, sub-leasing or other disposition of the rights and obligations of the licence, and also includes any change which would have a material effect on the ownership or control in fact of the licensee;
- For geostationary satellites, the satellite, at the end of its life, shall be removed from the geostationary satellite orbit region in a manner consistent with Recommendation ITU–R S.1003 Environmental Protection of the Geostationary Satellite Orbit. For non-geostationary satellites, the licensee, at the end-of-life of the satellite, must implement space debris mitigation measures in accordance with best industry practices so as to minimize adverse effects on the orbital environment;
- The satellite must be coordinated internationally prior to commencement of operation, and be notified to the ITU. To this end, the licensee must participate at its own expense in the coordination of the satellite network with the satellite and terrestrial networks of other countries; provide the Department in a form acceptable to the ITU with the satellite coordination, notification and administrative due diligence information required by the ITU; pay the applicable ITU cost recovery charges for satellite network filings; and ensure that the operation of the satellite conforms with any arrangements and agreements undertaken by Canada with respect to the coordination of the satellite; and
- The licensee will be required to coordinate the satellite network with other potentially affected Canadian satellite and terrestrial services, and the satellite must be operated in a manner consistent with any arrangements made to facilitate domestic satellite coordination.
Client Procedures Circular, Canadian Ownership and Control (CPC–2–0–15)
Client Procedures Circular, Procedure for the Submission of Applications to License Fixed Earth Stations and to Approve the Use of Foreign Fixed Satellite Service (FSS) Satellites in Canada (CPC–2–6–01)
Client Procedures Circular, Guidelines for the Submission of Applications to Provide Mobile Satellite Services in Canada (CPC–2–6–06)
Radiocommunication Information Circular, Guide for Calculating Radio Licence Fees (RIC–42)
Gazette Notice DGRB–001–97, Radio Authorization Fees for Mobile Satellite Services Using Radio Spectrum Below 1 GHz
Gazette Notice DGRB–009–99, Radio Authorization Fees for Mobile Satellite Services Using Radio Spectrum Above 1 GHz
Telecommunications Regulation Circular, Notes Regarding Designation of Emission (Including Necessary Bandwidth and Classification), Class of Station and Nature of Service (TRC–43)
The Canadian Table of Frequency Allocations
For the purposes of determining frequency assignment coordination requirements, the methods detailed in the ITU Radio Regulations and relevant documents of the Radiocommunication Bureau will apply as appropriate.
All submissions or enquiries concerning applications for the licensing of space stations should be addressed to the:
Director General
Radiocommunications and
Broadcasting Regulatory Branch
Industry Canada
300 Slater Street
Ottawa, Ontario
K1A 0C8
The forms that must be completed as part of the process and other departmental documents referred to in this document may be obtained from the above address or from any of the Department's regional or district offices.
4.6 Submission and Processing of Documentation for Space Stations
The procedure for obtaining a licence for a new space station consists of the four phases outlined below:
Phase 1 — Letter of Intent
Phase 2 — Advance Publication
Phase 3 — Coordination of Frequency Assignments
Phase 4 — Notification and Licensing
Phase 1 — Letter of Intent
The licensing procedure begins with the submission of a Letter of Intent containing the information required under Annex A. This information must be submitted to Industry Canada no earlier than seven years and no later than three years prior to the proposed commencement of operations. The Department may consider requests for an accelerated schedule on a case-by-case basis. The information should establish the applicant's eligibility to operate a space station, in accordance with the relevant Acts and policies, as outlined above. Where an applicant is proposing more than one satellite network and the networks are essentially identical, a single Letter of Intent will suffice provided that any differences between the satellite networks are clearly identified.
During the sixty days following receipt of all the required information, the Department will examine the application and, if it meets the criteria, issue a letter to the applicant confirming "acceptability in principle." The applicant may then proceed with phase two of this procedure. Where the Department is not prepared to issue such a letter, the applicant will be so advised.
Phase 2 — Advance Publication
An applicant proposing to establish a satellite network shall submit to Industry Canada, in a manner acceptable to the ITU, information on the network for advance publication of information to initiate the international coordination and notification process.
Upon receipt of the information, the Department will evaluate the submission and, if necessary, seek clarification. Furthermore, the Department will assess the submission for compliance with the pertinent provisions of the ITU Radio Regulations. When the Department is satisfied that the applicant's submission is complete and that it meets ITU radio regulatory requirements, it will forward the documentation to the Radiocommunication Bureau for advance publication.
Following the advance publication of the information by the Radiocommunication Bureau, any administration of another country will have four months in which to comment on the proposed satellite network. Received comments will be discussed with the applicant and a strategy for resolving difficulties will be developed.
Phase 3 — Coordination of Frequency Assignments
For satellite networks subject to the ITU coordination procedure, the applicant must submit technical information to the Department, in a manner acceptable to the ITU, pursuant to initiate the international coordination of the satellite network. Where the applicant is proposing more than one satellite network, a separate submission is required for each satellite network being proposed.
Upon receiving the submission, the Department will examine the submission to ensure consistency with the information published in advance, to ensure incorporation of amendments to information published in advance to reflect the results of consultations with other administrations, and to ensure overall compliance with the provisions of the ITU Radio Regulations.
When the Department is satisfied that all of the above-reported criteria are met, it will proceed with the formal publication of the frequency assignment coordination information via the Radiocommunication Bureau. Rules and procedures for coordination, established in the ITU Radio Regulations, shall govern the remainder of this phase.
The coordination phase is particularly critical, usually involving direct negotiations between the applicant and operators of other existing or planned satellite systems identified through this ITU process. Such coordination negotiations can possibly take several years to resolve depending on the intensity of use of the frequency bands by other countries/administrations. Coordination agreements with the affected administrations would be a prerequisite to advancing the process to Phase 4 below.
Phase 4 — Notification and Licensing
Following successful completion of the international frequency coordination consultations and receipt of coordination agreements from affected administrations, Industry Canada will ask the applicant to submit the final Forms of Notice. Upon receiving the submission, the Department will examine the information to ensure consistency with the information in the request and agreed amendments to reflect the results of consultations with affected administrations, if appropriate, and to ensure overall compliance with the provisions of the ITU Radio Regulations. The Department will submit these Forms of Notice to the Radiocommunication Bureau for registration in the Master International Frequency Register (MIFR).
The Radiocommunication Bureau will examine the acceptability of these Forms of Notice; it should be noted that the initial assessment by the Bureau may take several months depending on its workload and backlog of requests. Should the Radiocommunication Bureau's findings be unfavourable with regard to Industry Canada's registration request, the Department will determine the action to be taken.
Three months prior to the launch of the satellite, the applicant must also submit the information set out in Annex B, along with the appropriate licence fee. A licence for the proposed space station will then be issued, subject to the applicable conditions.
4.7 Replacement Space Stations
The applicant is advised to consult with the Department to determine the coordination and notification requirements applicable to a replacement space station.
4.8 Period of Validity of Assignments
Pursuant to the provisions of Resolution No. 4 of the ITU Radio Regulations, a frequency assignment to a space station on a geostationary satellite shall be deemed to be discontinued after the expiry of the period of operation shown on the assignment notice, reckoned from the date on which the assignment was brought into service. This period is limited to that for which the satellite network was designed. The period of operation can be extended providing that all other basic characteristics of an assignment remain unchanged. If the applicant wishes to extend the period of operation originally shown on the assignment notice of a frequency assignment of an existing space station, the applicant shall submit such a request to the Department at least three years before the expiry of the period in question. The Department will then start proceedings with the Radiocommunication Bureau.
4.9 Modification to a Space Station's Operation
Any change to the technical and operational details of a space station, i.e. to those submitted in response to Annex B, may be considered by the Department as a modification to the space station.
Prior to implementing any such changes, the licensee must advise the Department of details of the proposed modifications to its operation. The licensee will be advised within thirty days whether further domestic or international coordination is required. It should be noted that notification to the Radiocommunication Bureau may also be necessary. Any unauthorized modification to the space station renders the radio licence invalid.
4.10 Cancellation of Assignments
When a frequency assignment is no longer required by the applicant, the applicant must inform the Department immediately, in writing, giving the licence number and other details which uniquely identify the assignment.
4.11 Transfer of Authorization
Consistent with general policy in this area and Section 11 of the Radiocommunication Regulations, the transfer of an authorization to another party will not be permitted without a full review of the application by Industry Canada and approval by the Minister.
Annex A — Information Required with a Letter of Intent for a Proposed Space Station
A.1 Information about applicant
A.1.1 Full name and address of applicant.
A.1.2 Primary business activity of the applicant.
A.1.3 Applicants must provide a detailed description of their corporate ownership and control structure and an attestation that they meet or will meet the ownership and control requirements of the Telecommunications Act. This should include copies of any agreements related to ownership and control, in fact, of the company, a list of the principals, affiliates and consortium members, if applicable, and their backgrounds. A detailed list of the relevant information required is provided in Client Procedures Circular, Canadian Ownership and Control (CPC–2–0–15).
A.2 Information about proposed facility
(see also item A.6)
A.2.1 Name of proposed space station.
A.2.2 Proposed date of entry into service.
A.2.3 Nature of system. This should include a general outline of the system, the intended geographical service area(s), nature of traffic, number of radio frequency channels, frequency band(s), equipment life expectancy, etc.
A.2.4 Proposed satellite system capacity expressed in telephony channels, data rate or other appropriate units on each radio frequency (rf) channel.
A.2.5 Forecast utilization of satellite capacity. The type and volume of traffic should be estimated on a year-by-year basis for the life of the satellite. This should include identification of any traffic that would be transferred from existing facilities (satellite and terrestrial).
A.3 Information about requirement
A.3.1 Any major developments in the requirement for telecommunications services which have influenced the planning for the proposed facilities.
A.3.2 Complete information on the usage of existing channels on satellites owned by applicant, including capacity and level of usage.
A.3.3 Outline of the short- and long-range plans of the applicant with which the proposed facilities are associated.
A.3.4 Relationship of the proposed facilities with applicant's existing and planned space or terrestrial facilities on a national or international basis, including re-routing of traffic.
A.3.5 Identification of available alternative means of carrying the traffic which would be carried by the satellite systems under the proposal, whether owned by the applicant or by other carriers serving the area, and information flowing from the economic evaluation of these alternatives.
A.3.6 Any proposed interconnection with telecommunications facilities, that are not owned by the applicant, including emergency interconnection arrangements designed for rapid restoration of services.
A.3.7 Any other information supporting the proposal.
A.4 Information on the Business Plan
A.4.1 Benefits to and accommodation of Canadian needs; how these facilities will serve existing and future needs.
A.4.2 Conformity of the application with (or variance from) existing Canadian satellite policies and radio regulations.
A.4.3 Commercial business plan and marketing economic projections.
A.4.4 Financial plan with sources of capitals and revenues; readiness to pay a fair market value for the use of the Canadian orbit/spectrum resource.
A.4.5 Satellite transponder capacity for Canadian users; satellite coverage and quality of service to end users.
A.4.6 Institutional, economic and/or technical arrangements with other companies or organizations in support of system implementation and operation.
A.4.7 Satellite procurement plan, estimated dates of launch and service.
A.4.8 Management capability and experience in operating satellite facilities or from where experience and capability for designing, launching and operating the proposed satellite facilities will be secured.
A.4.9 Existing staff, both technical and non-technical, and their experience and expertise in support of all aspects of system implementation, marketing, sales activities, equipment availability, management and technology.
A.4.10 Domestic and international alliances with other companies or organizations for the establishment of the proposed facilities.
A.4.11 Experience in the installation and operation of telecommunications systems other than satellite facilities.
A.4.12 If the proposed satellite facility is intended to also provide coverage in a neighbouring country, describe the particulars of the plan and how would this be achieved under the existing Canadian satellite policy.
A.4.13 Any other information pertinent to the application.
A.5 Information on the Technical Plan
A.5.1 Provisions to ensure effective control over the satellites facilities (e.g. telemetry, tracking and telecommand facilities) and feeder links.
A.5.2 Technical parameters and design characteristics of satellite network.
A.5.3 The transmission parameters of the satellite and subscriber terminals, such as subscriber terminal characteristics, signal-to-noise ratio, margin required for the overall system performance (including rain attenuation, misalignment of terminals, adjacent satellite interference, power flux density levels over the coverage area).
A.5.4 The transmission parameters of signals.
A.5.5 Operational and technical experience and competence to oversee procurement, launch and operation of the satellite network in order to meet Canadian obligations under the ITU Radio Regulations to not cause harmful interference.
A.6 Information about replacement space stations
A.6.1 Where an applicant has been previously licensed to operate a space station and where that station will be replaced by an identical space station having identical frequency assignments, the information listed in Sections A.2 and A.3 is not required. However, the applicant must indicate the following:
A.6.1.1 name of space station being replaced;
A.6.1.2 name of replacement space station;
A.6.1.3 proposed date of entry into service; and
A.6.1.4 any other comments, including an explanation of the requirements for the replacement space station.
A.6.2 Where an applicant has been previously licensed to operate a space station and where that station will be replaced by a space station which is not identical, the information required under A.2 and A.3 affected by the differences should be provided.
Annex B — Technical Information Required For Proposed Space Stations
For each transmit or receive space station, indicate:
- The assigned transponder frequency (midband frequency of each transponder).
- The bandwidth of the assigned frequency in kHz.
- The class of station and nature of service provided.
- The assigned carrier frequency or frequencies within each transponder.
- The date of bringing the frequency assignment into use.
- For each carrier, the class of emission, necessary bandwidth and description of transmission.
- For each carrier, the peak envelope power (dBW) supplied to the input of the antenna.
- Modulation characteristics.
For each carrier, according to the nature of the signal modulating the carrier and the type of modulation, indicate the following characteristics:
8.1 Carrier frequency modulated by a frequency-division multi-channel telephony baseband (FDM/FM) or by a signal that can be represented by a multi-channel telephony baseband: indicate the lowest and highest frequencies of the baseband and the root-mean-square frequency deviation of baseband frequency at the test tone;
8.2 Carrier frequency modulated by a television signal: indicate the standard of the television signal (including, where appropriate, the standard used for colour), the frequency deviation for the reference frequency of the pre-emphasis characteristic and the pre-emphasis characteristic itself; also indicate, where applicable, the characteristics of the multiplexing of the video signal with the sound signal(s) or other signals;
8.3 Carrier amplitude, frequency or phase-shift modulated by a digital signal: indicate the type of modulation, modulation bit rate and the number of phases;
8.4 Amplitude modulated carrier (including single-sideband): indicate as precisely as possible the nature of the modulating signal and the kind of amplitude modulation used.
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