Archived—Position Awarded to Ciel Satellite Communications Inc.

300 Slater Street
Ottawa, ON K1A 0C8

Our File: 6215-22

October 1, 2004

Mr. Kevin B. Smyth
Chief Executive Officer
Ciel Satellite Communications Inc.
5570 Pettapiece Crescent
Ottawa, Ontario K4M 0V7

Dear Mr. Smyth:

I am pleased to advise you that the Department has selected Ciel Satellite Communications Inc. (Ciel) as the successful applicant, pursuant to the Department's Call for Interest in 12 GHz Broadcasting Satellite Orbital Positions, for the development and operation of a broadcasting-satellite space station at the 129°W orbital position.

As discussed at your meeting with Industry Canada on September 15, 2004, Ciel must demonstrate compliance with Canadian ownership and control requirements by the end of March 2005. To begin the process of demonstrating compliance, Ciel must now provide the Department with the information listed in Attachment 1 by October 18, 2004. The Department will then review and assess, in an expeditious manner, the documentation to identify any missing information and issues related to Ciel's compliance. Should it be determined that Ciel is in compliance by the end of March 2005, the Department would then issue an approval in principle. Please note that should Ciel not demonstrate its compliance with the ownership and control requirements by the end of March 2005, its ability to obtain an approval in principle and authorizations would be jeopardized. The conditions that would apply to the approval in principle and any associated authorizations issued are set out in Attachment 2.

Also, as you are aware, the Department has filed a modification (CAN-BSS4A, 4B) to the ITU plan set out in Appendix 30 and 30A of the ITU Radio Regulations principally to accommodate an extended service area for a Canadian broadcasting satellite. Ciel should begin working with the Department now to achieve a successful outcome for this modification to the plan. While the Department will attempt to achieve the most favourable conditions possible for achieving this modification, the Department cannot provide any assurance or guarantee as to the ultimate success of the effort, nor foresee any limitations or restrictions that may need to be placed upon the satellite network as a result.

Please accept my warmest congratulations. I look forward to the implementation of your service offerings in the coming years and the contributions your satellite will make toward connecting Canadians.

Yours sincerely,

Jan Skora,
Director General,
Radiocommunications and
Broadcasting Regulatory Branch

cc: Mr. Gerry Wall, Ciel Satellite Communications Inc

Attachments: 2

Attachment 1: Ownership and Control Documentation

Attachment 2: Conditions of Licence for Ciel Satellite Communications Inc. (Ciel) BSS Satellite Operating at 129°W Orbital Position

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