Archived—Appendix D3 — Licence Conditions for 2500 MHz Multipoint Communications Systems Licensees — Inukshuk Wireless Partnership
March 31, 2006
These conditions are established in consideration of the policy framework for Multipoint Communications Systems (MCS) in the 2500 MHz Range - Policy and Licensing Procedures document, (hereafter referred to as the "MCS policy") issued by the Department in June 1999.
1. Licence Term
The term of the licence will end March 31, 2011 subject to the following:
During the licence term, the Department will evaluate the licensee's deployment as of December 31, 2009. Based on this evaluation, the licensee's authority to operate will be reduced to only the areas where commercial service has been deployed. Authority to operate will continue in any deployment areas identified on the Detailed MCS Deployment Plan, Census Subdivisions (CSD), Census Metropolitan Areas (CMA), and Census Agglomerations (CA) provided commercial service has been deployed in that area. Furthermore, as of December 31, 2009, in any area where commercial services have been deployed, if the licensee has failed to demonstrate to the satisfaction of the Department that any portion of the spectrum has been put to productive and spectrally efficient use taking into account commercially available technology, cost considerations and good engineering practices, that portion of the spectrum will also be removed from the authority granted by this licence.
Following the above-noted evaluation, upon notification by the Department, the licensee will surrender the licence immediately and a renewal licence will be issued for the term ending March 31, 2011 for those particular geographic areas and those parts of the spectrum where the licensee has demonstrated to the satisfaction of the Department that the spectrum has been put to productive and spectrally efficient use as noted above.
2. Implementation of Spectrum Usage
Licensees must deploy and maintain commercial service to all areas identified on the detailed deployment schedule attached to this licence (with respect to this licence as well as with respect to every other MCS spectrum licence held by you).
Any non-compliance with the annual requirements could result in suspension or revocation of any or all of the MCS licences held by you as per paragraph 5(2)(b) of the Radiocommunication Act.
The Department may assess the status of the deployment at any time. In particular, assessments will be done on the system deployment as of July 31, 2006, and annually thereafter on March 31 until March 2009, and a further assessment on December 31, 2009.
3. Learning Plan
Licensees must invest in the Learning Plans as agreed to by the Partnership Committee (made up of members of the learning community and Inukshuk) established in the service area in accordance with your Learning Plan. The required level of investment must be made for each fiscal year ending March and in accordance with the amounts indicated below:
For each licence area, the annual Learning Plan contribution must be the greater of:
- twice the annual licence fees
- 4% of the sum of:
- annual gross revenues generated by wholesale sales to 3rd parties (other than to Bell and Rogers and their affiliates); plus
- 50% of annual gross revenues generated by retail sales of access services covered by the licence, by Bell, Rogers and their affiliates
The licensee is restricted to the provision of Fixed Services as defined in Section 2 of the Radiocommunication Regulations.
The licensee, its affiliates, or any third party that has an arrangement with the licensee to use the spectrum specified in this licence is prohibited in the sale and marketing of any service intended to be used by subscriber terminals while in motion. Services that use technologies that equal or exceed the mobile capabilities of technologies such as 802.16e are not permitted under the Fixed Service.
The licensee must include wording in all client services contracts to the effect that operation while in motion is not supported.
5. Eligibility Criteria
Licensees acting as radiocommunication carriers must comply on an ongoing basis with the eligibility criteria in subsection 10(2) of the Radiocommunication Regulations. Licensees must notify the Department of any change that would have a material effect on their eligibility. Such notification must be made in advance of any proposed transactions of which licensees have knowledge. For more information, refer to Client Procedures Circular 2-0-15, Canadian Ownership and Control (CPC-2-0-15), as amended from time to time.
6. Laws, Regulations, and Other Obligations
Licensees are subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations, the International Telecommunication Union's (ITU) Radio Regulations, the Canadian Table of Frequency Allocations and spectrum utilization policy pertaining to their licensed radio frequency bands.
7. Radio Station Installations
Licensees must respect all requirements for radio station installations prescribed in the Client Procedures Circular 2-0-03, Environmental Process, Radiofrequency Fields and Land-Use Consultation (CPC-2-0-03), as amended from time to time.
8. Technical Considerations
The licensee must ensure that radio apparatus is installed and operated in a manner that complies with technical standards as specified by the Department, including applicable Radio Standard Specification (RSS) and Standard Radio System Plan (SRSP).
9. International and Domestic Coordination
Licensees must comply with the requirements of cross-border sharing and coordination arrangements established between Canada and the United States, as amended from time to time.
The licensee must comply with the transition policy and relocation procedure for the relocation of incumbent stations as outlined in section 4.6.3 of the MCS policy;
11. Provision of Technical Information
When the Department requests technical information on a particular station or on a network, the information must be provided by licensees to the Department according to the definitions and criteria specified by the Department. Refer to Client Procedure Circular CPC-2-1-23 Licensing Procedures for Spectrum Licences for Terrestrial Services (CPC-2-1-23), Appendix B: Site Data Elements, for a list of minimal radiocommunication installation data elements required for the Department's technical database.
12. Licence Transferability and Divisibility
The licensee must obtain approval from the Department for the transfer and/or division of their spectrum licence following a full review by the Department.
The licensee may apply to transfer their licence(s) in whole or divide the licence in both bandwidth (i.e., disaggregation) and geographic (i.e., partitioning) dimensions.
For each proposed transfer or division of licence, licensees must provide a written request to the Department for consideration. Transferees must also provide appropriate documentation showing that they meet the eligibility criteria and all other conditions of licence.
For clarification, and without limiting the generality of the foregoing, "transfer" includes any leasing, subleasing or other disposition of the rights and obligations of the licence, and also includes any change which would have a material effect on the ownership or control in fact of the licensee.
13. Licence Fees
The licensee must pay the annual licence fee before March 31 of each year for the subsequent year (April 1 to March 31).
14. Reporting Requirements
The licensee must file detailed semi-annual reports outlining overall progress until March 31, 2009;
- MCS system deployment status including coverage maps and reporting of spectrum usage;
- Learning Plan implementation status;
- audited statements of any Learning Plan fund contributions and disbursements;
- an identification of all notices to displace incumbent licensees, confirming the scheduled implementation of MCS in the subject area(s);
- an update on the number of subscribers and their distribution across your service area;
- a description of direct investments undertaken with respect to MCS;
- an update on any other commitments made in your detailed submission including reporting of requests from third parties for access to the network; and
- a copy of any existing corporate annual report for each fiscal year with respect to this authorization
The reports are to be submitted, in writing by April 30 and October 31 of each fiscal year, to the Director, Spectrum Operations. For 2006, the reports will be due August 30 and October 31.
If the following document is not accessible to you, please contact us to obtain other appropriate formats.
Detailed MCS Deployment
Schedule - March 31, 2006
(PDF, 1.6 KB, 1 page)
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