Treaty Series 1962 No. 15 — Coordination and Use of Radio Frequencies — Exchange of Notes between Canada and the United States of America

Ottawa, October 24, 1962
Entered into force October 24, 1962

Exchange of Notes (October 24, 1962) Between the Government of Canada and the Government of the United States of America Concerning the Coordination and Use of Radio Frequencies Above Thirty Megacycles per Second

I

The Chargé d'Affaires, a.i. of the United States  Embassy in Canada to the Secretary of State for External Affairs

Embassy of the United States of America

Ottawa, October 24, 1962

№ 107

Dear Sir:

I have the honour to refer to discussions which have taken place between representatives of the Government of Canada and the Government of the United States of America relating to the coordination and use of radio frequencies above thirty megacycles per second. In the course of these discussions, the sovereign right of each country to regulate its use of radio frequencies was acknowledged. Also, the desirability of providing for adequate spectrum space to meet equitably the requirements of the radio services of both Canada and the United States, now and in the future, was recognized. In addition, the representatives recognized that it was the mutual advantage of both countries to avoid harmful interference to each other's radio services and they noted the major developments that have taken place and are taking place in both countries in that part of the radio frequency spectrum allocated internationally by the International Telecommunication Union from thirty megacycles per second (30 Mc/s) up to forty gigacycles per second (40 Gc/s).

In the interest of efficient spectrum management the representatives have made the following proposals and drafted the attached Technical Annex which constitutes a part of them:

  1. The two countries will continue to recognize those frequency arrangements already in effect for bands above 30 Mc/s as described in the Technical Annex;
  2. They will establish, where mutually determined as being feasible and desirable, arrangements for the coordination of radio frequency assignments in those bands above 30 Mc/s for which there are no existing procedures;
  3. Where mutually determined as being feasible and desirable, and in order to facilitate development in both countries, joint frequency allotment plans should be developed by Canada and the United States for particular frequency bands and radio services above 30 Mc/s;
  4. The arrangements referred to in sub-paragraphs (2) and (3) above shall be as specified in the Technical Annex;
  5. Additional frequency bands, in which frequency coordination procedures should be developed or in which frequency allotment plans should be developed, may be added from time to time to the Technical Annex by listing them in the Index thereto, together with the designation of the Agencies responsible for such development;
  6. (a) The procedure to be followed in amending the Index to the Technical Annex as envisaged in sub-paragraph (5) would be that specified in sub-paragraph (12) (a) below;

    (b) The modification of frequency coordination procedures or joint frequency allotment plans in a particular band shall be the responsibility of the Agencies specified in the Index to the Technical Annex;
  7. (a) Radio broadcasting shall continue to be the subject of separate agreements and therefore is excluded from the provisions of this Note;

    (b) The coordination and use of frequencies by the amateur radio service are excluded from the provisions of this Note;
  8. In those bands where frequency coordination procedures have been established, when it is considered that the use of frequencies at locations not included in such procedures might result in harmful interference to the radio services of the other country, the assignment of the frequencies involved may, to the extent practicable, be the subject of special coordination by the Agencies authorized by the two Governments as specified in the Technical Annex;
  9. The authorized Agencies shall be responsible in their respective countries for the implementation of the frequency coordination procedures and joint frequency allotment plans provided for in this Note, as specified in the Technical Annex;
  10. It is recognized that existing coordination channels are adequate and nothing in this Note is intended to be construed as indicating a need for change in such channels unless and until such change is considered desirable by both parties hereto;
  11. This Note shall not be deemed to affect or supersede any other international agreements in the field of telecommunications in force for either country;
  12. (a) This Note may be amended by an Exchange of Notes between authorized representatives of the two Governments;

    (b) Any amendments or modifications to the Technical Annex other than those provided for in sub-paragraph (5) will be effected administratively by the Agencies specified either in the Technical Annex or in the Exchange of Notes provided for under sub-paragraph (6) (a);

    (c) All amendments or modifications made pursuant to sub-paragraph (12) (b) above shall be notified to the Department of External Affairs of Canada and the Department of State of the United States of America by the respective Agencies of each country.

Accordingly, I propose that this Note with the Technical Annex and your reply shall constitute an Agreement for the coordination and use of radio frequencies above thirty megacycles per second between our two Governments, effective from the date of your reply. Furthermore, because of its nature, I propose that, if you concur, this Agreement may only be terminated by either country giving twelve months' notice, in writing, of its intention to terminate the Agreement.

Accept, Sir, the renewed assurances of my highest consideration.

Chargé d'Affaires ad interim

IVAN B. WHITE

The Honourable
Howard C. Green, P.C., Q.C., M.P.
Secretary of State for External Affairs
Ottawa

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II

The Secretary of State for External Affairs
to the Chargé d'Affaires, a.i. of the United States Embassy in Canada

Department of External Affairs

Ottawa, October 24, 1962

No. 215

Sir,

I have the honour to refer to your Note of October 24, 1962, with its Technical Annex, proposing an Agreement between our two Governments concerning the coordination and use of radio frequencies above thirty megacycles per second.

The arrangements set forth in your Note and its Technical Annex are acceptable to the Government of Canada which concurs in the proposal that your Note with Technical Annex and this reply shall constitute an Agreement for the coordination and use of radio frequencies above thirty megacycles per second between the Government of Canada and the Government of the United States of America to be effective from the date of this reply. Furthermore, it is agreed that because of its nature and the Agreement concluded by these Notes may only be terminated by either party giving twelve months' notice, in writing, of its intention to terminate the Agreement.

Accept, Sir, the renewed assurances of my highest consideration.

H.C. GREEN

Secretary of State for External Affairs

The Honourable Ivan B. White
Chargé d'Affaires a.i.
Embassy of the United States of America
Ottawa

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