Archived—Questions in Response to the Call for Interest in 12 GHz Broadcasting Satellite Orbital Positions
Section 5.3 of the Department's Call for Interest in 12 GHz Broadcasting Satellite Orbital Positions (DGRB-001-04) allows for the submission of questions for the purpose of seeking clarification with respect to the procedures and policies set out in the Call.
The following questions have been received by the Department, for which we have provided the associated responses.
Does the Department require from the applicant by May 14, 2004, the following materials:
- Statements from a bank, etc.
- Executed shareholders' agreement(s)
If these materials are necessary inputs for the Department to grant a licensing award for the 129°W and 138°W orbital slots but they need not be filed by May 14, 2004, please indicate how much additional time an applicant would be given to file these materials, ie. by what date beyond May 14, 2004?
Response to Question 1:
Applicants must provide information aimed at clearly demonstrating to the Department that they are eligible to participate in the process. As stated in Section 3.2 of the Call, the Department will consider expressions of interest from all parties that are, or are able to become, a Canadian broadcasting undertaking licensed under the Broadcasting Act, or a Canadian satellite carrier operating as a radiocommunication service provider licensed under the Radiocommunication Act. Applicants must also demonstrate to the Department in their expressions of interest that their plans for implementing a satellite are substantive. While the Department does not prescribe what information must be provided in this effort, only those applicants given potential assignments are expected to provide detailed applications to develop and operate their broadcasting satellite space stations, which would include, for instance, detailed information demonstrating eligibility to hold a licence. Nevertheless, any supporting documentation such as is described in the question above could be provided with an expression of interest where applicants consider it beneficial in demonstrating their eligibility to participate in this process or the substantiveness of their plans.
The Department has issued Licensing of Space Stations in Services Other than the Amateur Satellite Service and the Broadcasting Satellite Service in Planned Bands (CPC-2-6-02) (the "Licensing Document") which pertains to the material expected to be submitted in respect of the licensing of non-BSS space stations. Although the 12 GHz BSS Call does not relate to the licensing of FSS space stations, the applicant wishes to ascertain whether any of the materials the Department identifies in the Licensing Document are required by the Department in addition to the materials identified as required in the 12 GHz BSS Call. If so, please identify which materials in the Licensing Document are required to be filed with the Department by May 14, 2004, and which other document, if any, may be filed by a later date? By what date would such other documents need to be filed?
Response to Question 2:
While the information requirements for an expression of interest in this process are set out in Section 4.1 of the 12 GHz BSS Call, applicants are encouraged to familiarize themselves with the policy provisions, objectives, preferences, and potential licence conditions set out in the Call and use them as a guide in preparing their applications. If given a potential assignment, an applicant will be required to provide a more detailed application for evaluation by the Department. For those applicants given potential assignments, information requirements for the subsequent submission of detailed applications would be determined when a decision is made to make such potential assignments and would take into account the information already provided in the expression of interest. The Department would expect that such detailed applications, which would include a demonstration that the applicant conforms with Canadian ownership and control requirements applicable to radiocommunication carriers, should be provided within 90 days of receiving an approval in principle.
Please indicate whether the Department's answers to questions 1 and/or 2 above would differ, and if so how, depending upon whether the applicant were to file by May 14, 2004 (i) a licence application in response to the 12 GHz BSS Call, or (ii) an expression of interest in response to the 12 GHz BSS Call.
Response to Question 3:
The submission of detailed applications prior to the May 14, 2004 deadline is not required in response to the Call and as such, the information requirements for an expression of interest as outlined in Section 4.1 and the need for detailed applications as indicated in Section 4.2 of the Call would not change.
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