Consultation on a Renewed Spectrum Policy Framework for Canada and Continued Advancements in Spectrum Management (sf08399)

Part B — Consultation on Advancing the Canadian Spectrum Management Program

8. Introduction

Part A of this document has advanced proposals for public comment on revisions to the Framework. In order to provide a fuller context for this consideration, the Department has prepared Part B to indicate its plans and ideas for advancing a range of related issues in spectrum management in the next five to seven years.

It is the Department's view that the additional information provided by the discussion of these topics in spectrum management in Part B will assist the reader in preparing comments on the proposed revisions to the Framework. Public comment on the issues discussed in Part B is also invited.

9. Ongoing Improvements to the Canadian Spectrum Management System

Canada has administered an advanced spectrum management system for decades. The cornerstone of the Canadian Spectrum Management Program has been the establishment and continual modernization of the appropriate legislation, regulations, policies, procedures and technical standards.

One particular aspect of the Program has been the designation of spectrum (a finer degree of frequency allocation) to a use, rather than to a user as has been done in some other countries. In addition, Program regulations and technical standards were modified over the past decade to be technology-neutral. These two aspects have afforded the Program a large degree of flexibility in the past years to adapt to evolving needs.

Another important aspect of the Program has been building consensus with industry on technical standards and related matters. Their development has been carried out in partnership with the Radio Advisory Board of Canada, an industry advisory body. The Canadian Government has also placed a priority on reaching favourable agreements in international fora on matters affecting the radiofrequency spectrum. This has served to support the Program as well as enhance the reputation of Canada in these fora.

The Department has maintained an advanced Program by placing an emphasis on making improvements on an ongoing basis. For example, a number of improvements to licensing processes have been implemented.Auctions were introduced as a form of competitive licensing. Radio Systems Policy 020 (RP-020) identifies the spectrum resources and the associated licensing process that would be applied. Licensing processes have been streamlined and electronic filing introduced for additional classes of licences. Licences for all cellular and incumbent PCS spectrum have been converted to 10-year spectrum licences with transferability and divisibility privileges.

Access to spectrum for new service applications has been promoted in both licensed and licence-exempt spectrum. Licensing processes have been greatly liberalized and simplified for microwave systems, mobile satellite and fixed satellite carried out on a First-Come, First-Served (FCFS) basis. The Department has also augmented the use of spectrum in the VHF/UHF frequency range, by introducing redeployment for land mobile systems and accommodating public safety services at 700 MHz.

10. Advancing the Canadian Spectrum Management Program — A Review of the Actions of some other Countries

Many other countries are actively reviewing their spectrum management programs with the goal of making improvements and adapting them to a more market-oriented economy. The Department is carefully reviewing these developments to determine which ones may merit consideration for Canadian application.

Auctions have become the licensing tool of choice in countries such as the United Kingdom (UK), United States (US), Australia and New Zealand when spectrum demand exceeds supply. This allows those most cognizant of the value of spectrum to bid competitively for the right to exploit this resource, thereby ensuring an economically efficient assignment of spectrum licences to those who value them the most. Licences granted under these types of processes may confer long-term privileges and an expectation of renewal.

To further promote economic efficiency, spectrum management authorities in several countries are actively promoting trading and lease arrangements to develop secondary markets for spectrum that will allow spectrum to migrate to its most highly valued use with minimal hindrance of regulatory oversight.

There is also recognition of the profound impact that rapid technological change has on the use of radiocommunications. For example, in the US, the Federal Communications Commission's (FCC) Spectrum Policy Task Force (SPTF) concluded, among other issues, that spectrum access is a more significant problem than physical lack of spectrum, due in part to the legacy of "command and control" regulation. The SPTF also concluded that the advent of new technologies such as cognitive radios, combined with additional regulatory flexibility, could increase spectrum access. One of the SPTF's recommendations was that the FCC adopt more market-oriented spectrum management models that would be "based on clear definitions of the rights and responsibilities of both licensed and unlicensed (licence-exempt) spectrum users, particularly with respect to interference and interference protection".

However, while Canada will always be affected by technical and policy developments in the US, due to proximity as well as strong economic ties, we should also be cognizant of developments in other countries.In this regard, the Ofcom in the UK has commissioned numerous studies on spectrum pricing and the economic impact of the use of radio. They have also substituted spectrum pricing for cost recovery as the basis for setting radiofrequency spectrum licence fees so that fees for access to spectrum will reflect the value of that spectrum.Additionally, they wish to introduce "incentive pricing" for licences to promote an economically efficient allocation of licences as well as technically efficient use of spectrum.

11. Potential Opportunities to Further Advance the Canadian Spectrum Management

In order to facilitate the discussion on further potential enhancements to the Program, this section raises a range of issues for consideration. Associated proposals and questions for public comment are included.

To assist the reader, in relating this discussion to that of the proposed revisions to the Framework found in Part A, references are made for each issue to the applicable policy guidelines.

11.1 Harmonized Use of the Radiofrequency Spectrum

Part A Reference: Policy Guideline 1

Background

Over the past decade, the Department has increasingly implemented spectrum allocations and policies that align with other countries on a global and/or regional basis. This practice has been adopted by most countries in the world, spurred on by deregulation of the telecommunications markets and the economies of scale associated with the production of the equipment used to access these frequencies.

Scenario

Canada has always aligned with major international markets in many non-commercial radio services such as radionavigation, space research, earth exploration satellite, and maritime mobile services. As well, cellular and personal communications have been harmonized with those of the US to facilitate commercial roaming arrangements. Public consultations on the use of new wireless frequency bands have consistently supported harmonized bands and channel block structures.The benefits of harmonized use of the spectrum are many, for example:

• lower equipment costs due to economies of scale;
• encouraging innovation;
• opportunities for Canadian manufacturers in foreign markets;
• efficient and simplified arrangements with the US in the border areas;
• reduced enforcement by minimizing uncertified or "grey market" equipment; and
• facilitating certification of radiocommunications equipment.

However, one aspect of the harmonization of spectrum use with other countries is a consequential reduction of flexibility in the modification of domestic frequency allocations.

In order to provide a high-level of spectrum harmonization, it is imperative that Canadian interests are heard and defended in international standards and regulatory bodies such as the International Telecommunication Union (ITU) and the Inter-American Telecommunication Commission (CITEL). Decisions by these organizations to designate spectrum for a particular use can have a significant impact on existing users.

Proposal

Canada should continue to identify the necessary steps to promote the harmonization of the use of radiofrequency spectrum on a regional and global scale.

Questions

(1) What steps can Canada take to further harmonize spectrum allocations, policies, standards and regulations to the greatest extent possible?

(2) How can Canadian interests be further advanced in the international fora responsible for developing standards and regulations for new wireless technologies and services?

11.2 Licence-Exempt Spectrum

Part A Reference: Policy Guideline 1

Background

Canada and other countries have established frequency bands or channels to accommodate licence-exempt consumer radio products. Such products are not licensed but are designed to operate in specific designated bands meeting certain technical requirements. Typical consumer products are the ubiquitous residential cordless phone, baby monitors and wireless microphones. Our experience shows that Canadian consumers have an appetite for a range of electronic technology, wireless products and services.

Recently there has been a marked increase in demand for licence-exempt devices for applications such as Radio Local Area Networks (RLANs) in both residential and commercial environments, and rural and remote fixed wireless access. This has been stimulated in part through the proactive efforts of industry standards bodies such as the Institute of Electrical and Electronics Engineers (IEEE), which has prepared standards for Wi-Fi devices (802.11) operating at 2.4 GHz and 5 GHz and for broadband wireless MAN (Metropolitan Area Networks) systems (802.16) which are promoted through the efforts of the Wi-MAX Forum.

Scenario

The mass consumer distribution of these licence-exempt products in the North American and world marketplaces has rendered these products ubiquitously available at affordable prices in Canada.

However, the Department is of the view that the Canadian market is not large enough in most instances to be able to support the design, manufacture and deployment of products for unique Canadian licence-exempt bands. Section 11.1 presents the Department's views on the desirability of the harmonization of the use of the radiofrequency spectrum with that of other countries. The approach of the Department has been to anticipate the opening of new bands or frequencies for licence-exempt products for major markets such as in the United States or on a worldwide level. The Department then adopts a process to open similar spectrum resources on a timely basis and establishes the technical requirements to certify new consumer products for the benefit of the Canadian marketplace. This process ensures the economies of scale needed for products sold in Canada so that they are available at an affordable cost, and minimizes potential grey markets.

In some cases the process of making spectrum available for licence-exempt operations may result in a requirement to address a transition in a band from licensed to licence-exempt operations. This situation may be a result of having to accommodate, for example, spectrum developments in the US or Europe where existing uses in Canada are different, and may typically be licensed.

Furthermore, in opening new spectrum for licence-exempt operations, there may be significant benefits in ensuring that, through a certification process or other means, licence-exempt devices of similar use operate within the same band. (For example, the operation of garage door openers in the same spectrum as broadband fixed wireless access applications could be considered inefficient spectrum utilization.) This would ensure that the spectrum is effectively developed and that the spectrum can evolve without concern about the so-called "tragedy of the commons" which can occur when a common unregulated resource is inefficiently exploited by the actions of individuals. Others may argue that, since the licence-exempt spectrum is "licence-free" and devices are not protected from interference, no special oversight is needed, as technical innovation, including improved band-sharing techniques, will occur without government intervention.

Nevertheless, certain licence-exempt applications may warrant departmental oversight through processes such as device registration, in addition to minimum technical standards and/or manufacturers'spectrum coexistence etiquettes. This can be especially important in licensed bands where it will provide a means to ensure that licence-exempt usage will not create harmful interference conditions for the primary users and that the rights of the primary users will be protected.

Proposal

The Department will continue to monitor the need for licence-exempt bands or frequencies and make them available for use on a timely basis.

An important area that the Department is currently addressing is ultra-wideband (UWB) technology and its applications (See discussion in Section 11.7). The matter of future implementation in Canada is raised in the Revisions to Spectrum Utilization Policies in the 3-30 MHz Frequency Range and Further Consultation, released in October 2004. Also, new spectrum in the 5 GHz range was identified for licence-exempt products, and international regulations put in place, at the ITU WRC-03. The implementation in Canada was the subject of public consultation in Gazette Notice DGTP-005-04.

Questions

The Department has adopted an accelerated approach to opening new spectrum for consumer products developed for the US and broader markets, in order to take advantage of the mass market and the economies of scale.

(3) What additional spectrum should the Department make available for licence-exempt devices and what regulatory and technical provisions should be adopted for their use? Does this include consideration of currently licensed spectrum, and if so, what provisions could be adopted to facilitate transition to licence-exempt operation or band sharing between licensed and licence-exempt operation? Would a device registration process provide sufficient safeguards to licensed operations?

(4) Would it be realistic to open some of the FCFS fixed microwave spectrum as licence-exempt operations where it may not align with the US market (e.g. some of the reserved 23 GHz band)? How could these installations be controlled so they do not interfere with US-licensed services along the border?

(5) What means could be developed to ensure that licence-exempt consumer equipment in the field operates within established limits (e.g. e.i.r.p., antenna directivity, channel bandwidth, out-of-band emissions) and what flexibility should be permitted?

(6) Should the Department consider existing or new licence-exempt bands with a view to facilitating longer communications ranges for licence-free devices or system applications unique to the Canadian environment, such as rural and remote broadband fixed wireless access?

11.3 Increased Spectrum-Usage Flexibility in the Domestic Allocation of Spectrum and Spectrum Policies

Part A reference: Policy Guideline 1

Background

The Canadian Table of Frequency Allocations establishes the permitted allocations of radio services for use in Canada. The Table is based on the ITU's Table of Frequency Allocations and generally includes one or more domestic allocations in a particular frequency band from a larger number of services allocated in the International Table in that band. For example, the mobile and fixed services are normally co-allocated at the international level, whereas at the domestic level traditionally one of those services was allocated, and occasionally both.

Canadian radio systems policies and spectrum utilization policies set the required policy elements for the use of frequency bands and/or radio services. Among other matters, spectrum policies have traditionally designated the use of a radio service to certain applications in a particular frequency band, or bands. Examples include designating the use of a mobile radio application for public safety applications or designating a fixed allocation to wideband Multipoint Communications Systems (MCS).

Over the past few years, the Department has made decisions in spectrum policy and the Table that generally broaden the permitted uses of the radiofrequency spectrum. Multiple services may be allocated in a band and greater latitude in the use of the spectrum granted. As an example, the spectrum used for Personal Communications Services (PCS) has no limitations on the nature of the type of mobile or fixed communications aside from meeting minimal technical criteria designed to deal with adjacent band interference. The policy concerning cellular systems has retroactively been modified to make it consistent with that of PCS.

Scenario

It has been argued that enabling additional flexibility in the use of the spectrum will facilitate the accommodation of emerging and expanding uses. In many instances it could enable licensees to adapt their radio systems to meet changing requirements, subject to any required coordination with other systems.

On the other hand, an excessive level of flexibility may result in radio systems with incompatible characteristics using the same spectrum. Certain types of radio systems cannot co-exist efficiently.Nevertheless, there is also an ongoing need to ensure that appropriate spectrum is identified for public safety and national security requirements.

Some parties promote increasing the flexibility in the use of currently licensed spectrum. For example, they would advocate enabling a spectrum licence, issued for the fixed service, to also permit the provision of mobile PCS service. On the other hand there are others who argue that these licensees should not receive the windfall profits that may accrue from a significant broadening of the permitted usage of the licensed spectrum.

Proposal

To continue to provide additional flexibility in the use of the spectrum while taking the licensing regime into account. Strive to achieve the appropriate balance between flexibility in the use of spectrum for new, as well as existing, licences while still meeting legal requirements and other policy objectives.

Questions

(7) For which services and in which situations should greater flexibility of spectrum use be afforded?

(8) Under what situations and criteria would it be appropriate to consider extending this greater flexibility to existing licences?

11.4 Enhanced Spectrum-Usage Privileges

Part A Reference: Policy Guidelines 4, 6

Background

In recent years, the Department has begun to introduce enhanced spectrum-usage privileges for certain spectrum licences such as ten-year term licences and transferability and divisibility privileges. Ten-year terms and transferability and divisibility privileges were granted to licensees of fixed wireless broadband (24/38 GHz licensed in 1999), PCS (2 GHz licensed in 2001), MCS (2500 MHz licensed in 1999) and WCS and FWA (2.3/3.5 GHz licensed in 2004). Furthermore, in December 2003, the Department released a policy granting transferability and divisibility privileges to cellular and incumbent PCS licences. Where appropriate, the Department may consider granting longer terms of licence and transferability and divisibility privileges to licences awarded in other processes.

The vast majority of licences awarded by the Department have been through the FCFS process. The bulk of these licences are for site-coordinated frequency assignments. However, there are some cases where blocks of spectrum covering relatively large geographical areas have been assigned, or aggregated over time.

Recently, licensees who are interested in entering into lease-type arrangements with third parties have approached the Department.Currently, if a licensee enters into a lease-type arrangement with a third party, they typically will jointly apply to the Department for a transfer of licence. This has not been a suitable solution for licensees. The Department notes that some other countries have implemented policies to more accurately reflect the reality of lease-type commercial arrangements. Those countries believe that this increased flexibility could allow licensees to increase the use of their spectrum without having to transfer it outright.

Proposal

The Department will be determining whether, and if so, how and under what conditions licensees with transferability and divisibility privileges may provide access to third parties following the outcome of a forthcoming consultation on third party access to spectrum licences. Further consultations are also anticipated to discuss the possibility of applying longer terms of licence and transferability and divisibility privileges to a wider range of radio authorizations.

Questions

(9) Should the Department extend transferability and divisibility privileges to other licensees? If so, which should be considered the highest priority and what timing would be appropriate?

(10) Are the current privileges associated with both spectrum and site licences sufficiently defined (this may include technical and operation parameters) to facilitate access to spectrum, the ease of trading the spectrum and the flexibility to offer a range of advanced wireless services?

11.5 Streamlining the First-Come, First-Served Licensing Process

Part A Reference: Policy Guideline 5

Background

The FCFS approach currently accounts for more than 95% of radio licensing. It is expected that this licensing process will continue to be used in situations where it is anticipated that the demand for spectrum can be accommodated with the available supply.

Due to the anticipated continued reliance on FCFS licensing, the Department continues to investigate and pursue ways of further improving the FCFS process. In the past few years, substantial progress has been made in streamlining the process for services such as the land mobile, fixed microwave, mobile-satellite and fixed-satellite. Electronic filing of applications has been implemented and information required for these filings has been reduced to a minimum.

In addition, licence application procedures for stations in the fixed service were streamlined with the release of RSP-113, Issue 5, dated November 8, 2002. The RSP was updated to reflect the streamlined approach to microwave licensing policy brought about by RP-022, dated June 9, 2001. Issue 5 also updated the RSP with references to Spectrum Management and Telecommunications and Spectrum Direct Web sites and encourages clients to utilize both of these tools.

A further process exists in shared frequency blocks at 38 GHz. As prescribed in SP 23/38 GHz and detailed in CPC-2-1-17 and SRSP-338.6, users may be granted non-exclusive licences for spectrum within a geographic area on a FCFS basis. One of the key aspects of this process is that the spectrum blocks can be authorized to several users within the same area on a coordinated basis. Coordination is performed by the user community, with minimal departmental oversight.

Equipment is evolving with characteristics and capabilities, which facilitate the shared use of spectrum. This is particularly true in the licence-exempt bands where systems typically operate on a no-interference/no-protection basis. These capabilities are being migrated to equipment intended for use in licensed bands. In recent consultations, the Department is considering non-exclusive FCFS authorization for use of spectrum within a given area in a number of bands, such as those at 4.9 GHz and 5.8 GHz.

Scenario

For microwave FCFS licence applications near the Canada/US border, certain licensing approvals may be delayed due to coordination processes required by treaty agreement between the Canadian and US administrations. The Department could consider establishing alternative spectrum management approaches for FCFS applications in the border areas. This may include a more general application of cross-border operator-to-operator coordination with minimal departmental oversight, or the establishment of limits or triggers on power flux-density for coordination at the border. Another option might include the application of a block-and-zone band management approach over an entire microwave band or sub-band, similar to arrangements between the Department and the FCC in the border areas for many of the land mobile bands.

In the land mobile bands, the licensing process is more complex and time consuming as spectrum is severely congested in many areas. In certain land mobile bands, an investigation of channel occupancy and Grade of Service may be carried out. A rearrangement of frequencies, frequency sharing or redeployment to more spectrally efficient technologies is often required before licensing. This may also involve imposing more stringent technical parameters to accommodate all users and ensuring that there are spare resources to meet the priority needs of public safety. It is anticipated that there will be a continuing need for the Department to oversee the FCFS licensing process in order to accommodate these situations.

The Department generally anticipates that the licensing of spectrum on an area basis in urban areas will generate sufficient initial interest that a competitive process will be required. In rural areas, however, the initial demand is typically lower, with much less probability that multiple applicants will wish to use the same spectrum to serve the same area. The availability of several licences to use spectrum within a band in a given area further reduces the possibility of mutually exclusive demands precipitating the requirement for a competitive process in many rural areas.

Proposal

To pursue the feasibility of further streamlining the FCFS licensing process and making other appropriate changes for future use, such as accelerated licence approvals for applications near the Canada/US border.

There are some frequency bands where only a few licences have been awarded and a large number of frequency channels are available. In some cases, certain channels could be awarded through large-area, long-term spectrum licences. Applications could be considered on an FCFS basis.

It is expected that the Department will continue to rely on the FCFS licensing process for a significant portion of its licensing regime.

Questions

(11) In which areas do you see the Department further improving the FCFS process?

(12) Are there other principles such as non-exclusivity, which can be applied to the FCFS process for authorization of spectrum on an area basis in situations where it would be normally anticipated that a competitive process would be required?

11.6 The Roll-out of Licensed Radio Systems — Putting Spectrum to Use to Serve Canadians

Part A Reference: Policy Guideline 12

Background

Traditional licensing practices have been based on the premise that the provision of licensed spectrum is required to meet a particular communications requirement. A natural extension of this premise was that a licensee's spectrum requirement would be demonstrated by the deployment of the licensed radio system. Where the terms of deployment were included as a condition of licence, and the radio system was not implemented, the Minister could revoke the licence upon consent, or by giving notice to the licensee and a reasonable opportunity to make representations to the Minister.

Scenario

The Department has traditionally imposed roll-out requirements as a condition of licence on licensees requiring that licensed spectrum is deployed for the benefit of Canadians. For example, the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Bands revised in July 2004 states, "...licensees will be required, as a condition of licence, to demonstrate that their spectrum is being put to use at a level acceptable to the Department within five years of receipt of licence(s). The establishment of coverage to 50% of the population within the licensed service area, or some other indicator of usage that is acceptable to the Department, such as the plans the licensee has for developing the spectrum and/or how accommodating the licensee has been in facilitating the development of the spectrum through the secondary market, will be required".

Proposal

To continue the use of a regime which requires that the spectrum resource is developed over a reasonable period of time.

Questions

(13) Is there a need to review and improve the current practice of placing roll-out requirements on licensees?

(14) Should the Department expand the use of mechanisms to make available unused spectrum, like it did with the new party cellular policy given in RP-019, which enables an entity to obtain a licence for otherwise unserved or underserved areas?

(15) Given the increased usage privileges offered to licensees, should the Department continue to include deployment requirements as a condition of licence or, alternatively, rely on market forces to ensure that the spectrum moves to the highest valued use and user?

11.7 Implementation of New Technologies and New Spectrum Management Concepts

Part A References: Policy Guidelines 10, 14

Background

Some new technologies are emerging which may provide improvements in the use and access to spectrum. Recent innovations in wireless technology, such as cognitive radio, software defined radio (SDR) and UWB technology can be considered potential catalysts for change in how the radiofrequency spectrum is managed. New concepts in spectrum management are emerging as a result.

Cognitive radio will sense and be aware of its operational environment, and be able to dynamically and autonomously adjust its operations accordingly. SDR technology is expected to provide the capability to adjust the radiofrequency operating parameters of a communication device (e.g. frequency, modulation and coding techniques, channel bandwidth and output power) simply by making changes to the system software. Aside from the operational benefits of such radio capabilities, it is expected that a combination of SDR and cognitive radio will offer a large degree of flexibility and adaptability in the way that radio systems make use of the radiofrequency spectrum.

Although full SDR and cognitive radio functionality is not expected for another five to ten years, it should be noted that certain capabilities are already incorporated in many radio systems including cellular radio handsets, microwave radio relay and fixed wireless access systems. Similarly, cognitive radio applications are being introduced into radio LANs operating in the 5 GHz band.

UWB is another technology that has important implications for radiofrequency spectrum management. UWB operates at very low-power levels over a very large bandwidth to communicate high-speed data over short distances. In February 2005, the Department initiated a consultation on the introduction of UWB. The document, Consultation Paper on the Introduction of Wireless Systems Using Ultra-wideband Technology can be accessed at http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08285.html.

These technologies have the potential to improve the flexibility of radio systems and facilitate spectrum sharing and enable the exploitation of white space. "White space" is a term used to characterize underutilized frequency bands. This may be on a temporal (time) or geographic basis. Two challenges facing the exploitation of white space are determining the instances where white space exists, and determining a means of accessing that underutilized spectrum so that interference does not occur. Opportunistic and dynamic use of existing bands by licence-exempt devices might be achieved through cognitive radio techniques. This is particularly relevant in rural areas where spectrum is typically less congested, and there is less probability of interference.

Identifying where and when white spaces in the radiofrequency spectrum might exist could be facilitated through the identification of interference limits. For example, the use of a metric called "interference temperature" has been proposed in the United States, although other metrics, such as power spectral density could also be considered. This could enable, for example, the opportunistic use of radiofrequency spectrum provided that the mandated interference limits are not exceeded. In other words, licence-exempt devices using cognitive, SDR or UWB techniques could be permitted to operate in licensed spectrum provided that they adapt their operations to ensure that the mandated interference limit is not exceeded.

The FCC has proposed the use of interference temperature as one means of moving the management of interference away from regulations and practices based primarily on radio transmitter characteristics, to considering also the effect of radio receivers. However in Canada, the Department has traditionally been less transmitter-centric, generally authorizing lower transmitting tower heights and powers and tailoring the coverage of mobile systems to meet service requirements.

In Canada, the Department had employed radio receiver standards within the mobile services for many years for the expressed purpose of minimizing the potential of interference to operating systems and ensuring efficient use of the spectrum. Following consultation with industry, the Department removed the mandate on mobile radio receiver standards in two stages culminating in 1993, to facilitate harmonization with the FCC. Indeed, the re-introduction of radio receiver standards in Canada, in whole or in part, could become a significant instrument in improving access to the radiofrequency spectrum.

The Department is soliciting public comment to assist in determining to what extent these innovations in technology and spectrum management practices might increase the use and access of the radiofrequency spectrum in the foreseeable future.

Scenario

New technologies are emerging that may provide improvements in the use and access to spectrum, and new spectrum management concepts may be enabled as a result. Consideration should be given to evaluating the potential benefits of these developments.

An area of particular interest is increasing access for services currently licensed in highly congested frequency ranges. A case in point is the VHF/UHF land mobile bands (150 MHz, 400 MHz and 800 MHz) traditionally used for mobile dispatch operations and other purposes, including public safety. Parts of these frequency ranges are also used by the fixed service on a secondary basis for narrowband, wireless access applications in rural, uncongested areas.

Due to the extensive demand for the use of these land mobile bands, the Department has implemented a number of measures in the past few years to augment their usage. This includes:

• refarming (redeployment of legacy systems to more spectrally efficient technologies);
• increasing the loading (occupancy) of channels and establishing a Grade of Service criteria to assist in the assignment of spectrum;
• recovery of under-utilized frequencies;
• evaluating needs and planning for public safety spectrum requirements;
• fostering the development of integrated trunked systems to consolidate users with smaller mobile radio capacity requirements;
• developing spectrum sharing arrangements and criteria that maximize access to spectrum in border areas for Canadians;
• developing sharing criteria to improve spectrum reuse in border areas;
• introducing shared land mobile and broadcast allocations; and
• responding to demand for licence-exempt allocations.

Proposal

The Department will continue to implement new spectrum management measures, where feasible, in order to increase spectrum utilization in congested frequency bands and enhance the communications capacity of spectrum in bands, such as VHF/UHF, by adopting measures to encourage the use of new technologies, where feasible.

Many of the topics discussed in this section will be the subjects of more detailed consultation papers.

Questions

The Department invites comment and views on the development of new technologies and new spectrum management concepts and their potential impact on the use of spectrum and spectrum management.

(16) Which technologies have the most promise of facilitating the use and management of the radiofrequency spectrum?

(17) Are there other technologies or technical issues that the Department should be investigating?

(18) Which technologies seem the most appropriate in meeting the challenge of accommodating additional mobile and wireless access users in the VHF/UHF bands?

11.8 Fostering Advanced Communication Services in Rural Canada

Part A Reference: Policy Guideline 9

Background

Pursuant to s. 5(1.1) of the Radiocommunication Act, the Minister may have regard to the telecommunications policy objectives in section 7 of the Telecommunications Act. One such objective under subsection 7(b) of the Telecommunications Act is "to render reliable and affordable telecommunications services of high quality, accessible to Canadians in both urban and rural areas in all regions of Canada." Due to the high cost of delivering communications in rural (and remote) areas, the availability of advanced and innovative communication services tends to lag behind the services available in urban areas. Over the years, policies have been established to facilitate the extension of essential telecommunications, broadcasting and broadband services to rural (and remote) communities so that all Canadians can fully benefit from the social, cultural and economic opportunities of communications.

Broadcasting spectrum has been used to provide multi-channel subscription television distribution. Similarly, spectrum has been made available for single and multi-channel low-power broadcasting installations in rural communities. The CRTC has required telecommunications carriers to provide for single party-line telephone service; to offer dial-tone Internet access; and to extend broadband Internet access.

Spectrum policies have been established to extend cellular mobile service in rural areas and to promote fixed wireless access. With respect to the expansion of cellular mobile in unserved and underserved areas, policy supporting the New Party Cellular Service was implemented in 1998. The Department also opened up spectrum in the 3500 MHz band in high-cost serving areas prior to holding an auction for the remaining areas. The Department's "Geographical Differences Policy Guideline" within SP 1–20 GHz establishes a regime of relaxed radiofrequency spectrum parameters in uncongested spectrum areas.

The Department has also implemented a number of the government's initiatives in promoting broadband Internet access in rural (and remote) areas. For example, in October 2003, the Minister of Industry announced the launch of the Government of Canada's $155 million National Satellite Initiative. This joint project between Infrastructure Canada, Industry Canada, and the Canadian Space Agency will provide high-speed broadband Internet access services via satellite to communities located in remote and northern areas of Canada.

Scenario

The Department is of the view that existing and new spectrum policy, licensing procedures and technical requirements should be adapted to better meet the challenges of promoting wireless services of rural Canada.

One challenge has been how to define "rural". An example of a past approach has been the use of levels of spectrum saturation defined in RDP 100–500 MHz, Redeployment Plan for Spectrum Efficient Land Mobile Equipment in the Frequency Range 100–500 MHz to vary the application of policy provisions tosuit urban and rural areas. Another example can be found in the 1998 Spectrum Utilization Policy 3400–3700 MHz, Spectrum Policy and Licensing Provisions for Fixed Wireless Access Systems in Rural Areas in the Frequency Range 3400–3700 MHz. By this policy, fixed wireless access spectrum in the 3500 MHz range was made available for licensing in low "teledensity", high-cost serving areas for telephony, as defined by the CRTC.

A possible future option might be basing the definition of "rural" on an accepted measure of population density while taking into account a defined separation from (urban) areas with spectrum congestion.

Proposal

To adapt departmental policy and procedures to further facilitate the provision of communications in rural and remote areas. For example:

• determine an appropriate definition of "rural" for the purpose of describing areas with unserved and underserved communications;
• modify the policy General Information Related to Spectrum Utilization and Radio Systems Policies (SP-Gen) to clearly delineate favourable provisions for the development of communication services in rural (and remote) areas;
• facilitate the use of contiguous unused spectrum below 1 GHz for the deployment of lower-cost, broadband radio systems in rural (and remote) areas; and
• relax the technical standards of communication systems, where feasible, in rural (and remote) areas to help reduce wireless infrastructure costs and to promote greater use of the spectrum.

Questions

The Department seeks input on the following questions related to further clarifying spectrum policies and procedures, and establishing incentives to promote the extension of communication services to rural markets.

(19) Should the definition of "rural" (and "remote") to describe areas with unserved or underserved communications, be based on population density as measured by Statistics Canada? What would be a practical approach for implementation?

(20) What policy and regulatory treatment would create conditions that best promote the extension of modern communication services to rural (and remote) areas?

1. For example, should spectrum policies vary by geographic area according to the relative level of spectrum congestion or the demand for spectrum?
2. In what manner should the technical and/or operational parameters for spectrum management policies and standards for wireless installations be relaxed in rural (and remote) areas?

11.9 Access to Spectrum for Public Safety Services

Part A Reference: Policy Guideline 8

Background

The public safety community needs access to significant quantities of land mobile spectrum to meet their communication requirements. The Department meets these requirements by giving priority access in licensing spectrum for public safety applications⁴ in situations where there are competing demands for land mobile spectrum. In some frequency bands and geographical areas, the Department manages the spectrum to ensure the availability of spectrum for public safety.

There has been a historical lack of interoperability among the radio communication systems of public safety forces. Interoperability has many aspects - common spectrum, standards, integrated networking, administrative arrangements, etc. The Department has made common spectrum available on a national basis since 1990 in the 800 MHz band and common wide-area frequency assignments have been made in other bands over the years. However, for a number of reasons, interoperability has not often been placed as a priority in the design of communication systems for public safety agencies. Furthermore, the variation in frequency assignments geographically, to public safety services, in some bands, does not facilitate interoperability.

In October 2004, the Department released SP-746 MHz. This policy announced the decision to introduce the mobile service on a co-primary allocation basis with broadcasting in the band 746-806 MHz. This decision also included the designation of the spectrum of television channels 63 and 68 (764-770 MHz and 794-800 MHz) for public safety. In addition, it posed a number of specific questions for comment regarding interoperability among safety systems in the 700 MHz range.

Scenario

A prime objective in releasing new spectrum for public safety is to ensure that infrastructure is developed that will meet the needs of the public safety community including interoperability, common planning and open standards. This is particularly important in the establishment of new public safety spectrum in the 700 MHz and 4.9 GHz ranges.

In the past few years, the Department has increased its consultation with the public safety community to understand its spectrum and interoperability issues. A National Public Safety Radiocommunications Conference was held in March 2002 to discuss key issues, namely deficiencies in public safety radio services and the lack of interoperability among radio systems.

It has become evident that there is a need for planning new spectrum in a way that common radio systems are developed to meet the needs of police, fire protection, ambulance, emergency services and in some cases, national security. Common spectrum is required and so are common/open standards in order to ensure interoperability. Planning and developing this common infrastructure is very challenging, as there are many public safety services offered by many organizations, including different levels of government, across the country. These organizations have various levels of financial and technical resources.

In this regard, SP-746, released in October 2004, posed a number of specific questions for comment regarding interoperability among safety systems in the 700 MHz range.

Proposal

To establish an objective associated with the release of new spectrum for public safety that would seek the development of highly integrated and interoperable national/regional networks which can progressively accommodate common public safety requirements.

Questions

(21) Should the Department require that the licensing process for public safety systems consider the needs of the broader public safety community over larger geographical areas?

(22) Should the Department adopt standards which include the aspect of interoperability of public safety mobile systems?

1. Should these standards be open standards to ensure that equipment from various vendors can operate on the same system?
2. Should the Department, through its regulations or licensing process, ensure that interoperability is included as an aspect of the design of public safety systems?

(23) Should the Department identify common spectrum in the VHF and UHF bands (i.e. common to both Canada and the United States) to be used and shared in border areas for interoperability purposes, recognizing that currently spectrum in the VHF band is not aligned and that spectrum in both the VHF and the UHF bands is highly congested in densely populated areas?

Footnotes

⁴ The Department usually defines the eligibility requirements and priority access of "public safety services" to the spectrum on a band-by-band basis since it is dependent on the service applications that will be used. However, for the purposes of this document and discussion, "public safety services" can be considered to be those services in which the sole or principal purpose of the use of the radio facility is for the preservation of life and protection of property and these service applications are generally provided by organizations, such as: (a) police, fire and emergency medical services provided by federal, provincial, municipal governments and their affiliated agents (e.g. private ambulance services); or, (b) forestry, public works, public transit, dangerous chemical clean-up, customs and other government agencies; or, (c) certain non-government agencies (e.g. hydro and gas utilities). The Department usually provides access to the spectrum according to the public safety radio service applications and hierarchy order stated above in (a), (b), and (c).