CPC-2-1-17 — Licensing Process and Application Procedure for Non-auctioned Spectrum Licences in the 38 GHz Band

CPC-2-1-17: Licensing Process and Application Procedure for Non-auctioned Spectrum Licences in the 38 GHz Band - Photo of publication cover

PDF Version
(128 KB, 12 pages)

PDF Readers

Issue 4
May 2012

Spectrum Management and Telecommunications
Client Procedures Circular

Preface

The current issue of this document has been updated to include the requirement to upload site data to Industry Canada’s publicly accessible database when the Department requests such data. The Conditions of Licence have also been updated.

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
Spectrum Management Operations Branch
300 Slater Street
Ottawa, Ontario K1A 0C8

Attention: Spectrum Management Operations

via e-mail: spectrum_pubs@ic.gc.ca

All Spectrum Management and Telecommunications publications are available on the following website: http://www.ic.gc.ca/spectrum.

Contents

  1. Principle
  2. Mandate
  3. Background
  4. Policy
  5. Licensing Considerations
  6. Application Filing Requirements
  7. Related Documents

1. Principle

The radio frequency spectrum is a natural resource managed for the benefit of all Canadians. Industry Canada endeavours to provide access to this resource with minimal administrative burden to clients while ensuring the efficient use of the radio frequency spectrum.

2. Mandate

Under subparagraph 5(1)(a)(i.1) of the Radiocommunication Act, the Minister of Industry may issue spectrum licences in respect of the utilization of specified radio frequencies within a defined geographic area. The Minister may fix the terms and conditions of any such licence, including terms and conditions as to the services that may be provided by the holder thereof. In accordance with section 19 of the Department of Industry Act, the Minister may fix spectrum licence fees in respect of the rights and privileges provided.

3. Background

In September 1996, Industry Canada released Spectrum Utilization Policy SP 23/38 GHz, Spectrum Policy and Licensing Considerations, Fixed Radio Systems in the 23 GHz and 38 GHz Frequency Bands via Canada Gazette notice DGTP-007-96.

In the policy, the Department considered the emergence of a variety of applications employing both point-to-point and point-to-multipoint technologies and attempted to provide sufficient spectrum to accommodate those needs. As a result, the Department allocated spectrum in the bands 21.2-21.6 GHz, 22.4-22.8 GHz and 38.4-40.0 GHz, for a wide variety of fixed service applications employing multipoint communication systems (MCS) and point-to-point systems. The policy also contained provisions for a new simplified licensing approach, where spectrum licences would be issued for exclusive use of spectrum blocks over a specified market or geographical area. This exclusive status would facilitate "rapid deployment" by significantly reducing the technical need to coordinate new radio link stations with other users to prevent interference. Under this new approach, the Department would not license individual sites in these bands.

The release of this spectrum, with its simplified licensing approach, resulted in a situation where the demand for frequency blocks exceeded those available in several major market areas across Canada. To address this demand, the Department issued an Information Release on January 9, 1997, advising all current and future 38 GHz applicants that their spectrum needs would be met by sharing the frequency blocks among all qualified applicants.

Following a public consultation process, in May 1999, Industry Canada designated eight frequency pairs (800 MHz) in 38.7-39.1 GHz and 39.4-39.8 GHz for exclusive licensing via auction. In October 1999, the Department conducted its first spectrum auction for fixed point-to-point and point-to-multipoint spectrum in the 24 and 38 GHz bands.

That said, this document does not address the above-mentioned frequency blocks in the 38 GHz band that have been the subject of spectrum auctions. Rather, it deals specifically with one-way point-to-multipoint and one-way and two-way point-to-point systems in the remainder of the 38 and 39 GHz frequency bands identified in SP 23/38 GHz. This licensing process is designed to accommodate all qualified applicants and to retain the rapid deployment attribute, with some limited additional coordination to be conducted among the licensees. Although the exclusive status described in the original policy is no longer available, this process should allow for all licensees to install radio links as their business requires, within their licensed area.

4. Policy

In order to accommodate a greater number of licensees in a given geographical area, the Department will issue licences for frequency blocks in the 38 and 39 GHz bands by area, on a shared-use basis, as appropriate. The concept of area-wide licensing remains unchanged; the sharing requirement (i.e. the removal of exclusive use of blocks over a given service area) and the decision to auction 800 MHz of the spectrum for exclusive licensing represent the only modifications from Section 5 of the 38 GHz Spectrum Utilization Policy (SP 23/38 GHz) that was issued in 1996.

5. Licensing Considerations

5.1 Spectrum Licences

Industry Canada will issue spectrum licences to applicants authorizing the use of frequency blocks in the 38 and 39 GHz bands for the operation of point-to-point and point-to-multipoint radio links within a given geographical area, in accordance with the conditions of licence as outlined in Annex A of this document.

Although individual station authorization is not required, Industry Canada may require that licensees submit the technical data as referred to in Section 5.10. When the Department requests technical information on a particular station or network, the licensee must provide the information to the Department according to the definitions, criteria, frequency and timelines specified by the Department. For more information, refer to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.

The Department will require an amendment to the licence for a change in service area.

5.2 Antenna Installations

Licensees must ensure that their installations comply with the requirements set out in Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems. These requirements pertain to the sharing of existing infrastructure, land-use consultation, radio frequency exposure limits, environmental assessment, aeronautical safety and other concerns.

5.3 Mandatory Antenna Tower and Site Sharing

In conjunction with the consultation process leading up to the spectrum auction for Advanced Wireless Services in 2008, the Department issued Canada Gazette notice DGRB-002-08, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08890.html). In the decision, Industry Canada indicated that all radiocommunication carriers would be required to adhere to the conditions of licence identified in the notice. In particular, the licensee must comply with the mandatory antenna tower and site sharing requirements set out in Industry Canada’s Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time, which can be found at http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf09081.html.

5.4 Eligibility

A licensee operating as a radiocommunication carrier must comply on an ongoing basis with the eligibility criteria in subsection 10(2) of the Radiocommunication Regulations. The licensee must notify the Minister of Industry of any change that would have a material effect on its eligibility. Such notification must be made in advance for any proposed transactions within its knowledge.

A licensee operating as a radiocommunication service provider or radiocommunication user must comply on an ongoing basis with the eligibility criteria in subsection 9(1) of the Radiocommunication Regulations.

For more information, refer to Client Procedures Circular CPC-2-0-15, Canadian Ownership and Control.

5.5 Equipment

Radio equipment to be used in point-to-multipoint systems must be certified in accordance with Radio Standard Specification RSS-191, Local Multipoint Communication Systems in the Band 25.35-28.35 GHz; Point-to-Point and Point-to-Multipoint Broadband Communication Systems in the Bands 24.25-24.45 GHz and 25.05-25.25 GHz; and Point-to-Multipoint Broadband Communications in the Band 38.6-40.0 GHz.

Radio equipment to be used in point-to-point systems must comply with the technical requirements in Standard Radio System Plan SRSP-338.6, Technical Requirements for Fixed Radio Systems Operating in the Band 38.6-40.0 GHz.

5.6 Service Areas

The Department uses the spectrum grid concept to define service areas. A spectrum grid cell is represented by a hexagon covering an area of 25 square kilometres. The cells fit together in an interlocking pattern over the geography of Canada.Footnote 1 The Department uses them to define and refer to service areas in a consistent and simple manner. Furthermore, the granularity of the grid allows for service areas of almost any shape, following natural geographical contours if needed. The Department defines a requested service area as consisting of all spectrum grid cells that exist partially or entirely within that area. Annex B illustrates a typical area overlaid by spectrum grid cells. For further general information concerning service areas, consult CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services.

The minimum authorized service area will normally consist of a group of five adjacent spectrum grid cells or 125 square kilometres. At their discretion, regional and district spectrum management offices may assign smaller service areas for two-way communication in spectrum Block K.

To minimize the administrative burden for both the licensee and Industry Canada, the Department expects applicants to apply for service areas that will meet their projected facility requirements for a reasonable length of time, enabling them to react quickly to market conditions through rapid deployment of necessary radio links.

5.7 Block Sharing

In the 38 and 39 GHz bands, there are six paired frequency blocks and four unpaired frequency blocks, each with a bandwidth of 50 MHz. These are:

Block Sharing
PAIRED BLOCKS
(point-to-point)
Block A/A' 38.600 - 38.650 GHz 39.300 - 39.350 GHz
Block B/B' 38.650 - 38.700 GHz 39.350 - 39.400 GHz
Block K/K' 39.100 - 39.150 GHz 39.800 - 39.850 GHz
Block L/L' 39.150 - 39.200 GHz 39.850 - 39.900 GHz
Block M/M' 39.200 - 39.250 GHz 39.900 - 39.950 GHz
Block N/N' 39.250 - 39.300 GHz 39.950 - 40.000 GHz
UNPAIRED BLOCKS
(point-to-point and point-to-multipoint, one-way only)
Block A 38.400 - 38.450 GHz
Block B 38.450 - 38.500 GHz
Block C 38.500 - 38.550 GHz
Block D 38.550 - 38.600 GHz

Figure 1: 38 GHz Band Plan, including FCFS and auctioned spectrum blocks
Figure 1: 38 GHz Band Plan, including FCFS and auctioned spectrum blocks

Industry Canada will assign frequency blocks on a shared basis to allow a greater number of licensees to offer service in the same geographical area. The Department encourages applicants and licensees to identify compatible “partners” for the sharing of frequency blocks to minimize coordination and realize the benefits of rapid deployment.

Guided by the following principles, the Department works to strike a balance in assigning frequency blocks so that sharing occurs only when and where necessary:

  • (a) Assignment of blocks is on an “as needed” basis.
  • (b) A second block is assigned to a licensee in the same service area only when the original block assignment cannot be reused.
  • (c) To the extent possible, a licensee is assigned the same frequency blocks in all authorized service areas.
  • (d) Low-usage operators or developmental systems share common blocks in the paired sub-band (two-way) or a single common block in the unpaired sub-band (one-way).

5.8 Licence Fees

The annual licence fees for paired and unpaired blocks in the 38.4-38.7 GHz, 39.1-39.4 GHz and 39.8-40 GHz frequency bands are $240 and $120 per spectrum grid cell respectively. Details concerning licence fees are contained in Canada Gazette notice DGRB-004-97 — Radio Authorization Fees for Fixed Radio Systems in the 38.4-40.0 GHz Frequency Bands.

5.9 Frequency Coordination

Coordination is generally required when a licensee:

  • - shares a block(s) within an area;
  • - uses the same block(s) as a licensee in an adjacent area;
  • - uses a block(s) adjacent to that assigned to another licensee within the same service area; or
  • - uses a block(s) adjacent to blocks assigned to other licensees in adjacent areas.

In addition, licensees in the paired blocks B and K must also coordinate with spectrum licensees using the sub-bands:

38.700-38.900/39.400-39.600 GHz; and
39.050-39.100/39.750-39.800 GHz respectively.

Licensees in these sub-bands are authorized to operate with either point-to-point or multipoint technologies and their service areas may overlap or be in close proximity to the service areas licensed to operators in blocks B and K.

Licensees are responsible for coordinating directly with other licensees. Licensees establishing new links must resolve any technical issues to ensure successful coordination with licensees of previously coordinated links.

Although frequency assignments are not subject to site licensing, the licensee may be required to furnish all necessary technical data for each relevant site.

5.9.1 Domestic Coordination

The detailed coordination process is described in Standard Radio System Plan SRSP-338.6, Technical Requirements for Fixed Radio Systems Operating in the Band 38.6-40.0 GHz.

5.9.2 International Coordination

Licensees of systems near the Canada-United States border must comply with the Terrestrial Radiocommunication Agreement and Arrangement (TRAA), Interim Arrangement Concerning the Sharing between Canada and the United States of America on Broadband Wireless Systems in the Frequency Bands 24.25-24.45 GHz, 25.05-25.25 GHz, and 38.6-40.0 GHz, and abide by any future relevant international agreements. Coordination of systems shall be carried out by the licensees for the respective service areas on both sides of the border. Licensees must advise the Department of the results of coordination undertaken and provide details of the coordination analyses and/or licensee agreements upon request.

5.10 Provision of Technical Information

When Industry Canada requests technical information on a particular station or network, the information must be provided by the licensee according to the definitions, criteria, frequency and timelines specified by the Department. For further information, refer to CPC-2-1-23 Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.

6. Application Filing Requirements

Applications can be submitted to any Industry Canada spectrum office.

The Department encourages applicants to consult with the spectrum office prior to submitting an application, to ensure that these bands are appropriate to meet their needs.

Applications should include the following:

  • (a) a covering letter with an attached map clearly showing the coverage boundary of each proposed service area within which the links will be established, describing the nature of the business concerned and identifying any preferred licensing “partners” where applicable;
  • (b) for applicants intending to operate as radiocommunication carriers, supporting documents indicating compliance with the Canadian ownership and control requirements as outlined in subsection 10(2) of the Radiocommunication Regulations (also consult CPC-2-0-15, Canadian Ownership and Control, and note that the Department may require applicants to disclose any foreign ownership or documents that could indicate "control in fact" by non-Canadians); and
  • (c) a statement accepting the conditions of licence described in Annex A.

7. Related Documents

Annex A — Conditions of the Spectrum Licence

  1. Block assignments are made on a shared-use basis.
  2. The licensee may be required to move to another block in the future.
  3. Authorization is subject to successful domestic coordination, whenever appropriate, in accordance with the process described in Standard Radio System Plan SRSP-338.6, Technical Requirements for Fixed Radio Systems Operating in the Band 38.6-40.0 GHz.
  4. Authorization is subject to successful international coordination, whenever appropriate. Licensees must comply with the terms and conditions of the Interim Arrangement Concerning the Sharing between Canada and the United States of America on Broadband Wireless Systems in the Frequency Bands 24.25-24.45 GHz, 25.05-25.25 GHz, and 38.6-40.0 GHz, as well as with any future international agreements established for this band. Licensees must advise the Department of the results of coordinations undertaken.
  5. The licensee must comply with the procedures for antenna installations as outlined in Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems.
  6. All requirements of SRSP-338.6, Technical Requirements for Fixed Radio Systems Operating in the Band 38.6-40.0 GHz, and RSS-191, Local Multipoint Communication Systems in the Band 25.35-28.35 GHz; Point-to-Point and Point-to-Multipoint Broadband Communication Systems in the Bands 24.25-24.45 GHz and 25.05-25.25 GHz; and Point-to-Multipoint Broadband Communications in the Band 38.6-40.0 GHz, must be met.
  7. When Industry Canada requests technical information on a particular station or network, the information must be provided by the licensee according to the definitions, criteria, frequency and timelines specified by the Department. For more information, refer to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
  8. The licensee must comply on an ongoing basis with the eligibility requirements as set out in the Radiocommunication Regulations.
  9. A licensee, operating as a radiocommunication carrier, must comply with the mandatory antenna tower and site sharing requirements set out in Industry Canada’s Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time. To facilitate compliance with this condition of licence, the licensee should consult the Department's Guidelines for Compliance with the Conditions of Licence Relating to Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (GL-06).

Annex B — Greater Toronto Area

Annex B — Greater Toronto Area
Map of Greater Toronto Area highlighting seven suburbs: Mississauga, Etobicoke, York, Toronto Junction, Toronto, North York and Scarborough. The map illustrates a typical area overplayed by hexagonal spectrum grid cells

Map of Greater Toronto Area highlighting seven suburbs: Mississauga, Etobicoke, York, Toronto Junction, Toronto, North York and Scarborough. The map illustrates a typical area overlaid by hexagonal spectrum grid cells.

Notes

  1. 1 The spectrum grid maps can be downloaded from http://spectrumgeo.ic.gc.ca/txt/download-eng.html.