SP 4940 MHz — Spectrum Utilization Policy, Technical and Licensing Requirements for Broadband Public Safety in the Band 4940–4990 MHz (sf08671)

Department of Industry
Radiocommunication Act

Notice No. DGTP-005-06 — Spectrum Utilization Policy, Technical and Licensing Requirements for Broadband Public Safety in the Band 4940-4990 MHz

Intent

The purpose of this notice is to announce the release of the above-mentioned spectrum document to accommodate public safety use of spectrum in the band 4940-4990 MHz.

Background

In July 2004, the Department added a primary mobile allocation in the band 4940-4990 MHz and designated its use for fixed and mobile systems in support of public safety. The Department indicated that the use of the band would be subject to further consultation regarding appropriate licensing and technical considerations.

Subsequently, the Department received comments from several Canadian public safety agencies in support of this allocation. These agencies stressed how critical the band 4940-4990 MHz is to advanced broadband technologies, in order to enable high-speed wireless transfers of large files, images and video, as well as intranet access, at specified locations. These agencies further stressed the importance of dedicated spectrum for broadband applications.

In July 2005, the Department released a consultation on the use of the band through Canada Gazette notice no. DGTP-005-05. This consultation proposed policy, technical and licensing considerations to accommodate public safety agencies' early implementation of critical broadband systems in the band 4940-4990 MHz.

Consultation

Comments in response to the consultation generally supported the Department's proposals on use, applications, channelling plans, technical requirements and eligibility. Further comments however will be sought by the Department on the original proposed licensing fee in a separate Canada Gazette notice.

Discussion

The Department has worked diligently over the past years towards improving the critical communication and infrastructure of public safety agencies as well as ensuring access to spectrum resources. The provision of public safety and national security services rely heavily on advanced communications. The need for new wireless technologies and radio applications has put significant pressure to find priority spectrum for these requirements. This release of Spectrum Utilization Policy 4940 MHz represents an example of the Department's commitment to address the public safety and security spectrum needs.

Details of the spectrum policy, eligibility, technical and licensing provisions, including licensing fees, to allow public safety agencies' early implementation of critical broadband systems in the band 4940-4990 MHz, are specified in SP 4940 MHz. Applicants are encouraged to contact their local district director for further licensing information.

Obtaining Copies

Copies of this notice and documents referred to herein are available electronically on the Spectrum Management and Telecommunications at: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/home

Official printed copies of Canada Gazette notices can be obtained from the Canada Gazette website at: www.gazette.gc.ca/accueil-home-eng.html or by calling the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

June 9, 2006

____________________________
Larry Shaw
Director General
Telecommunications Policy Branch

1. Intent

This spectrum utilization policy, announced in Canada Gazette Notice no. DGTP-005-06, addresses the principal issues governing the implementation of public safety services in the band 4940–4990 MHz, including eligibility, licensing, technical and service rules.

2. Background

Public safety agencies have indicated to Industry Canada how critical the band 4940–4990 MHz is to support advanced broadband technologies enabling high-speed wireless transfers of large files, images and video, as well as intranet access, at specified locations. These agencies have also indicated that they require dedicated spectrum for critical broadband applications the same way they depend on narrowband voice systems today.

In July 2004, Industry Canada updated Spectrum Utilization Policy 3–30 GHz, Revisions to Spectrum Utilization Policies in the 3–30 GHz Frequency Range and Further Consultation (SP 3–30 GHz), adding a primary mobile allocation in the band 4940–4990 MHz and designating its use for fixed and mobile systems in support of public safety. SP 3–30 GHz also outlined steps to prepare incumbents in the band 4940–4990 MHz for future public safety broadband operations. First, a moratorium was placed on new non-Government of Canada (GoC) fixed systems in the band 4400–4940 MHz. Canadian footnote C25 allocated exclusive rights to the GoC for the use of the fixed and mobile services, on a primary basis, in the band 4400–4940 MHz. Existing fixed systems in this band have been grandfathered.

In July 2005, Industry Canada released a consultation paper entitled Proposed Spectrum Utilization Policy, Technical and Licensing Requirements for Broadband Public Safety in the Band 4940–4990 MHz (Notice No. DGTP-005-05) which afforded stakeholders the opportunity to comment on policy, technical and licensing requirements for broadband public safety spectrum in this band. In this paper, a moratorium was placed on the licensing and use of GoC fixed systems in the band 4940–4990 MHz, rendering the band well-positioned for public safety broadband operations.

The Department has worked with the public safety community to facilitate the improvement of the critical communication infrastructure of public safety agencies over the past years to address equipment interoperability, open standards, and improved access to spectrum resources in existing and new bands. There has also been extensive participation in international forums with the development of the International Telecommunication Union - Radiocommunications (ITU-R) Report M. 2033 (2003) Radiocommunication objectives and requirements for public protection and disaster relief and with Resolution 646 (WRC-03) Public protection and disaster relief (PPDR). These documents provide guidance for future advanced solutions to satisfy the operational needs of PPDR organizations.

In the United States, the band 4940–4990 MHz was transferred from federal government to non-government use in 1999. Subsequently, the Federal Communications Commission (FCC) proposed to allocate this band to non-government fixed and mobile services, excluding the aeronautical mobile service, on a co-primary basis and concluded that the public interest would best be served by designating the band for use in support of public safety. The FCC has since adopted the licensing and service rules including eligibility, channelling plans and how to minimize the impact on radio astronomy operations.

3. Policy Objectives

The government is opening broadband spectrum for public safety services. The Department stands committed to preserving the highest level of safety and security for its citizens and to working with the public safety community to increase the effectiveness of their critical communications systems.

The Department is also committed to improving mutual aid and border security. Therefore it is essential for Canada to harmonize with the U.S. to facilitate interoperable networks and services with public safety agencies. Moreover, common use of spectrum for public safety will result in the development of compatible equipment for both countries, resulting in greater economies of scale.

4. Spectrum Usage and Structure

4.1 Fixed and Mobile Use

The band 4940–4990 MHz is allocated for both fixed and mobile services in support of many public safety applications. The primary designated use of this band will be mobile broadband applications as well as fixed linked systems in support of the mobile systems.

Fixed systems not operating as part of the mobile public safety 4940–4990 MHz system may be licensed for other public safety communication systems, on a secondary basis at the discretion of the district director of the local Industry Canada office.

Comments were sought on the types of public safety networks and applications which are likely to be deployed in Canada. Respondents highlighted several types of networks (e.g. peer-to-peer, ad-hoc and mesh). Examples of future advanced public safety applications include: enhanced dispatch services, improved records management systems and database access, high quality imaging (e.g. missing person images, fingerprints, maps and building layouts), file sharing, remote printing, software upgrades (e.g. virus software), Internet access, intranet access, email, VoIP and real-time video.

Comments were also sought on the requirement and purpose for Canadian aeronautical mobile services in the band 4940–4950 MHz. Flexibility allowing various applications, including aeronautical mobile, to coexist was requested. However, no specific purpose was outlined. Other respondents reinforced that airborne operations should not be permitted to interfere with public safety ground-based systems and noted they should only be permitted on a case-by-case basis.

4.2 System Technology

In the consultation paper of July 2005, the Department encouraged the use of "smart" technologies to facilitate the sharing of the band by several users. These technologies provide solutions that use frequency hopping (also known as spread spectrum) and dynamic frequency selection to minimize interference.

Licensees will benefit from the use of "smart" technologies which minimize interference, and subsequently the need to coordinate with other licensees in close proximity. Users will require less time to establish a radio link and will therefore have faster access to communications and critical information.

Conventional technologies require more coordination to achieve similar results when licensees operate their systems in close geographic proximity. As the number of public safety licensees increase, coordination may become more difficult.

Most respondents supported having flexibility in regulation and were of the view that "smart" technologies should be encouraged, but not mandated.

4.3 Channelling Plan

The Department proposed a channelling plan consisting of ten, 1 MHz channels and eight, 5 MHz channels harmonized with the FCC's channelling plan.

Respondents generally supported the proposed channelling plan. Major suppliers have begun product development based on this channelling plan which will enhance cross-border interoperability. It will also provide users with maximum flexibility to employ existing technologies to facilitate economies of scale and to allow for the implementation of future broadband technologies.

Other respondents indicated that a sub-allocation plan to consider different channel combination schemes and overlapping channels could be adopted based on different applications.

Comments were also requested on the requirement for separate channels for fixed and mobile applications. The Department was informed that not only was there no requirement for separate channels but that the applicability of the band would be severely limited by providing such channels.

4.4 Incumbents

Since the release of the SP 3–30 GHz in October 2004, all incumbents in the band 4940–4990 MHz, with the exception of radio astronomers, have retuned, thus clearing the band for the new public safety designation. Canada has two radio astronomy observatories, one in Penticton, British Columbia and the other in Algonquin, Ontario. The radio astronomy service is allocated in the band 4950–4990 MHz on a primary basis and is protected under international footnote 5.149¹ from harmful interference.

Accordingly, the Department sought comments on what restrictions and technical criteria should be adopted by public safety licensees to ensure the continued protection of these observatories. Most respondents believe it unlikely that public safety applications will interfere with radio astronomy operations and do not recommend specific technical protection criteria. However, they suggest that the Department clearly identify any radio astronomy operational requirements that would be necessary to minimize potential interference between the two applications.

It is the understanding of the Department that the use of these sites is minimal and that no technical requirements or criteria are needed at this time. Similarly, the FCC have placed no restrictions other than to ensure that licensees operating in the band 4950–4990 MHz protect radio astronomy observatories to the extent required under U.S. footnote 74.²

5. Eligibility

The Department proposed that eligibility requirements for this band be consistent with the hierarchy of safety service providers detailed in Spectrum Utilization Policy 30–896 MHz, Part 1, Spectrum Allocation and Utilization in Certain Bands in the Range 30.01–896 MHz (SP 30–896 MHz, Part 1) and Standard Radio Systems Plan 502, Technical Requirements for Land Mobile and Fixed Radio Services Operating in the Bands 806–821/851–866 MHz and 821–824/866–869 MHz (SRSP-502).

Stakeholders were invited to provide feedback on the proposed eligibility hierarchy and criteria as well as whether flexibility should be considered in certain areas of the country where priority needs have been met and unused frequencies remain. Most respondents concurred with the Department's proposed hierarchy but suggested that reference to the terms "trunked" and "conventional" be removed.

Generally respondents support permitting increased flexibility where priority needs have been met and significant unused frequencies remain. However, some suggest that the scope of "increased flexibility" be more specific. For example, flexibility could be considered, but arrangements for access must place public safety communications over the needs of non-public safety communications for non-critical activities.

Several respondents noted that regardless of the geographical location it is premature to include provisions that may permit this band to be used for purposes other than public safety. The Department concurs that at this time this spectrum is to be reserved exclusively for public safety use for the preservation of life and the protection of property.

Respondents suggested that public safety entities be permitted to enter into partnership agreements. They also suggested that these agreements should be at the discretion of public safety entities and that the sole purpose should be in support of public safety operations in their jurisdictional areas.

The Department will issue licences to public safety agencies based on the priority established through the categories listed below and the criteria as outlined. The Department encourages public safety agencies to establish partnerships for the sharing of networks to increase efficiencies and facilitate interoperability. Where one network serves more than one public safety entity, the licence will be issued to the entity(ies) operating the network, and only one licence fee will be charged.

Furthermore, the Department recognizes that in some cases, non-public safety entities may be best equipped to provide network services on behalf of the public safety community. As such, non-public safety entities are eligible to apply for a licence. However, non-public safety entities must demonstrate to the district director that their use of the band will be exclusively for public safety communications, specifically for the preservation of life and protection of property. Upon the implementation of a new system, and on an ongoing basis, the needs of Category 1 users will be given priority over the needs of any other public safety entity.

Footnotes

¹ See Canadian Table of Frequency Allocations 9 kHz to 275 GHz (2005 edition).

² US74 In the bands 25.55–25.67, 73.0–74.6, 406.1–410.0, 608–614, 1400–1427 (see US368), 1660.5–1670.0, 2690–2700 et 4990–5000 MHz, and in the band 10.68–10.7, 15.35–15.4, 23.6–24.0, 31.3–31.5, 86–92, 100–102, 109.5–111.8, 114.25–116, 148.5–151.5, 164–167, 200–209, and 250–252 GHz, the radio astronomy service shall be protected from unwanted emission only to the extent that such radiation exceeds the level which would be present if the offending station were operating in compliance with the technical standards or criteria applicable to the service in which it operates. Radio astronomy observations in these bands are performed at the locations listed in US311.