Licensing Framework for the Auction for Spectrum Licences for Advanced Wireless Services and other Spectrum in the 2 GHz Range

3. Ministerial Authority

It should be noted that spectrum licences are subject to relevant provisions in the Radiocommunication Act and the Radiocommunication Regulations. As a result, the Minister has the power to amend the terms and conditions of the licence and to suspend or revoke a radio authorization (paragraphs 5(1) and 5(2) of the Radiocommunication Act).

With respect to terms and conditions, paragraph 5(1) of the Act states that the Minister may

"…fix the terms and conditions of any such licence, certificate or authorization including, in the case of a radio licence and a spectrum licence, terms and conditions as to the services that may be provided by the holder thereof;"

Paragraph 5(2) of the Act further states:

  • (2) The Minister may suspend or revoke a radio authorization
    • (b) after giving written notice to the holder and giving the holder a reasonable opportunity to make representations to the Minister with respect thereto, where the Minister is satisfied that
      • (i) the holder has contravened this Act, the regulations or the terms or conditions of the radio authorization,…

Section 40 (Assignment of Frequencies) of the Radiocommunication Regulations also applies; it states:

"The assignment of a frequency or frequencies to a holder of a radio authorization does not confer a monopoly on the use of the frequency or frequencies, nor shall a radio authorization be construed as conferring any right of continuing tenure in respect of the frequency or frequencies."

The full text of the Radiocommunication Act and related regulation may be viewed on the Department of Justice Canada's website.

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