Call for Applications to Licence Satellite Orbital Positions
Applicants selected to develop a spectrum-orbital resource will receive an approval in principle from the Department. Any approvals in principle issued pursuant to this process will be subject to satisfying certain regulatory requirements, conditions and milestones. The onus is on the selected applicants to demonstrate to the Department at their own expense, prior to the issuance of radio authorizations and commencement of service, their compliance with the applicable regulatory requirements, conditions and milestones.
Failure to meet any of the applicable regulatory requirements or any of the established implementation milestones may result in the withdrawal of an approval in principle granted by the Department. Before such a withdrawal would occur, the selected applicant would be given an opportunity (two weeks) to demonstrate why the approval in principle should not be withdrawn.
Milestones. Given the value of the orbital positions, it is necessary to ensure that the selected applicants make timely progress toward the launch and operation of proposed satellites. Industry Canada will develop implementation milestones based on information provided by selected applicants while taking into account associated ITU regulatory deadlines.
Although some applications may warrant establishing additional milestones, these milestones will typically include:
|1||submitting ownership and control information demonstrating eligibility to hold a licence and information demonstrating that the proposed satellite facilities will be under Canadian direction or control;|
|2||submitting satellite design specifications to the Department for any proposed new or interim satellites;|
|3||implementing any interim satellites;|
|4||awarding contracts for construction and launch of any new satellite;|
|5||placing the new satellite into the assigned orbital position and bringing the spectrum into use.|
7.2.1 Milestone 1 — Demonstrating Canadian Ownership and Control and Canadian Direction and Control of the Spacecraft
Demonstrating Canadian Ownership and Control. It is expected that selected applicants will operate their satellite facilities as Canadian telecommunications common carriers as defined in the Telecommunications Act, or as part of a Canadian broadcasting undertaking. To be eligible to hold a radio authorization issued pursuant to this Call for Applications, the satellite operator will be required to demonstrate compliance, and to comply on an on-going basis, with the applicable ownership and control requirements as set out for radiocommunication carriers in Section 10(2) of the Radiocommunication Regulations.
The Department will notify selected applicants to provide documentation, as outlined in Appendix E, to demonstrate that they comply with Canadian ownership and control requirements. Selected applicants must provide this information to the Department within 60 days of being notified. The Department will then review and assess, in an expeditious manner, the documentation to identify any missing information or issues related to the applicant's compliance.
The Department will then notify selected applicants regarding compliance with the Canadian ownership and control requirements. In the event that the Department concludes that a selected applicant does not comply with the Canadian ownership and control requirements, the Department will notify the applicant that changes are required in order to become compliant.
If a selected applicant does not comply or fails to bring its ownership and control structure into compliance with the Canadian ownership and control requirements to the satisfaction of the Department within 30 days after being notified that changes are required, then the approval in principle and opportunity to be issued any licences available in this process may be withdrawn.
If the holder of a radio authorization issued pursuant to this process fails to comply at all times with Canadian ownership and control requirements, the radio authorization may be subject to revocation. Before such a revocation would occur, the licensee would be given an opportunity (two weeks) to demonstrate why the radio authorization should not be revoked.
Demonstrating Spacecraft under Canadian Direction and Control. As part of Milestone 1, but before signing a contract for the procurement of any proposed satellite, selected applicants must demonstrate to the Department that any new or interim satellite will be under their direction or control.
7.2.2 Milestone 2 — Submitting Satellite Design Information
The Department will evaluate the final design specifications of proposed satellites with a view to ensuring applicants will honour their commitments for providing capacity and services in the Canadian market, conform with the applicable provisions of the ITU Radio Regulations, and conform with any other applicable conditions of licence. Accordingly, before signing a contract for the procurement of any proposed satellite, selected applicants are required to demonstrate to the Department that the satellite design will provide for meeting all commitments made for serving Canada, conform with the applicable provisions of the ITU Radio Regulations, and conform with any applicable conditions of licence.
7.2.3 Milestone 3 — Implementing Interim Satellites
Selected applicants must make timely progress toward the launch and operation of all proposed satellites, including any key interim satellites.
7.2.4 Milestone 4 — Award of Contract for Construction and Launch of Satellite
Selected applicants must make timely progress toward the launch and operation of all proposed new satellites. Accordingly, selected applicants will be required to demonstrate that they have awarded a contract for the construction and launch of any new satellite in a manner that is consistent with placing the satellite into the assigned orbital position and bringing the spectrum into use by the date established for Milestone 5.
7.2.5 Milestone 5 — Placing New Satellite into Operation
Selected applicants will be required to place their new satellite into the assigned orbital position and bring the spectrum into use by the date established for this milestone.
(a) Space Station. Prior to commencing operation of any proposed satellite, selected applicants must hold a radio authorization permitting the operation of the satellite. These radio authorizations are usually issued a few weeks prior to the commencement of satellite operations, once all regulatory requirements and associated milestones are met, including the payment of applicable authorization fees.
The administrative licensing information, set out in Annex B of Client Procedure Circular 2-6-02, Licensing of Space Stations in Services Other than the Amateur Satellite Service and the Broadcasting Satellite Service in Planned Bands (CPC-2-6-02), must be submitted at least 60 days in advance of the anticipated launch date of new satellites and/or in advance of the anticipated bringing into use of interim satellites.
If the holder of a radio authorization fails to comply at all times with the conditions of licence or other regulatory requirements, the radio authorization may be subject to revocation. Before such a revocation would occur, the licensee would be given an opportunity (two weeks) to demonstrate why the radio authorization should not be revoked.
(b) Earth Stations. All earth stations in Canada communicating with the satellite, except those exempted from the licensing requirement pursuant to the Radiocommunication Act and Radiocommunication Regulations, must be licensed prior to operation pursuant to CPC-2-6-01.
(c) Licence Term and Renewal. Annual radio authorizations are issued for a period of 12 months, and are renewed on April 1st of each year. Accordingly, the radio authorizations for the satellites authorized by this process are renewable over the expected life of the satellite on an annual basis provided the licensees are in compliance with the conditions of licence.
(d) Use of Spectrum Outside Canada. The authorizations to be issued pursuant to this licensing process should not be construed in any way as giving the licensee any rights to operate earth stations, or to otherwise provide satellite services, in any country other than Canada. Should any party intend to operate earth stations or provide satellite services outside Canada using the proposed space station, the Department recommends that they consult with the appropriate regulatory authorities of the administrations concerned.
(e) Ministerial Authority. The radio authorizations that will be issued pursuant to this licensing process will be subject to the relevant provisions in the Radiocommunication Act and the Radiocommunication Regulations. For example, the Minister has the power to amend the terms and conditions of licence and to suspend or revoke a radio authorization (paragraphs 5(1)(b) and 5(2) of the Radiocommunication Act).
As well, Section 40 of the Radiocommunication Regulations, provides that radio authorizations do not confer any right of continuing tenure in respect of the frequency or frequencies assigned. However, it is important to note that the Department would reallocate spectrum assigned through this process taking into consideration all relevant matters.
(f) Review of Canadian Broadcasting and Fixed Satellite Licensing Regime. Radio authorization fees for space stations authorized pursuant to this process are set out in the Radiocommunication Regulations. It should be noted that Industry Canada will be consulting on the use of spectrum licences (and an appropriate licensing fee), as defined in Section 2 of the Radiocommunication Act, to authorize the use of spectrum on-board Canadian fixed and broadcasting satellites and Canadian earth stations. Given that the outcome of this review could affect the type and nature of the licences to be issued pursuant to the conclusion of this licensing process, including the determination of the fee to be levied for the use of spectrum, all applicants in this process are strongly encouraged to participate in these consultations.
It should be noted that the provision of telecommunications and broadcasting services in Canada is subject to the Telecommunications Act and the Broadcasting Act. A satellite and its services operated under the radio authorization issued pursuant to this procedure, could also be subject to regulation by the Canadian Radio-television and Telecommunications Commission (CRTC).
Likely conditions of licence are provided below. Conditions of licence will be finalized taking into account information provided in the applications. Other conditions of licence may also be required to reflect operational, regulatory, technical or milestone requirements, or pursuant to Ministerial authority as referred to in Section 7.3(e) above.
The licensee shall conform at all times with the Canadian ownership and control requirements as set out for a radiocommunication carrier in Section 10(2)(d) of the Radiocommunication Regulations.
(2) Licence Transferability
This licence may not be transferred or assigned without a full review of the application by the Department and without the authorization of the Minister. For clarification, and without limiting the generality of the foregoing, transfer includes any leasing, sub-leasing 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.
(3) Direction or Control of Spacecraft
The licensee shall ensure the satellite is under the direction or control of a Canadian entity as set out in Section 3(3)(b) of the Radiocommunication Act.
(4) Implementation Milestones
The licensee shall ensure that all established implementation milestones and related requirements are met.
(5) Laws, Regulations, and Other Obligations
The licensee is subject to and must comply with the ITU Radio Regulations, the Radiocommunication Act and the Radiocommunication Regulations, and Canada's spectrum utilization policies pertaining to its licensed radio frequency bands.
(6) Satellite Coverage
The licensee shall operate the satellite facility to serve Canada in accordance with its commitments.
(7) Satellite Design Approval
Prior to entering into a contract for the procurement of a satellite, the licensee shall demonstrate to the Department that the satellite design will meet all commitments made for serving Canada, and comply with all technical requirements.
(8) Capacity to Meet Needs of Users and Service Providers in Canada
For satellites operated by a Canadian telecommunications common carrier, the licensee shall adhere to all commitments made in its application for providing satellite capacity and services, on a non-discriminatory basis, to users and service providers in Canada.
(9) Capacity or Other Benefits for Underserved Communities
The licensee shall direct a minimum of two percent of adjusted gross annual revenues resulting from the operation of its satellite towards special initiatives, such as the National Satellite Initiative being delivered by Industry Canada, aimed at improving connectivity in underserved areas of Canada. Such special initiatives will be developed with the Department.
(10) Technical Specifications
The licensee shall ensure the satellite complies with all applicable technical and operational requirements as set out in the ITU Radio Regulations.
(11) Orbital Debris Mitigation
The satellite, at the end of its life, shall be removed from the geostationary satellite orbit region in a manner consistent with Recommendation ITU-R S.1003 Environmental Protection of the Geostationary Satellite Orbit.
(12) International Satellite Coordination
The satellite must be coordinated internationally prior to commencement of operation, and be notified to the ITU. To this end, the licensee shall participate at its own expense, including the payment of associated ITU filing fees, in the coordination of the satellite network with the satellite and terrestrial networks of other countries; provide the Department in a form acceptable to the ITU with the satellite coordination, notification and administrative due diligence information required by the ITU; and ensure that the operation of the satellite conforms with any arrangements and agreements undertaken by Canada with respect to the coordination of the satellite.
(13) Domestic Satellite Coordination
The licensee will be required to coordinate the satellite network with other potentially affected Canadian satellite and terrestrial services, and the satellite must be operated in a manner consistent with any arrangements made to facilitate domestic satellite coordination.
(14) Satellite Licensing Information
The licensee shall submit the administrative licensing information, set out in Annex B of CPC-2-6-02, at least 60 days in advance of the anticipated launch date of the satellite. The licensee must also submit a traffic report for the satellite every three months thereafter.
(15) Earth Station Licensing
All earth stations in Canada communicating with the satellite, except those exempted from the licensing requirement pursuant to the Radiocommunication Act and Radiocommunication Regulations, shall be licensed prior to operation pursuant to CPC-2-6-01.
(16) Annual Reporting
The licensee shall provide the Department with a detailed annual report outlining progress made in all areas and indicating compliance with all licence conditions. This annual report is to include copies of any existing annual report for the licensee's fiscal year with respect to this authorization. After launch, this report is to include a current listing of all satellite capacity made available through this authorization, the capacity assigned to Canadian service providers and others, including the parties to which it is assigned, and any unused capacity including the terms of its availability.
These annual reports are to be augmented with semi-annual interim reports providing an update on all aspects of the design, procurement, construction, coordination and launch of the satellite until all proposed satellites have been put into service.top of page
Information concerning clarification questions, instructions for filing satellite user registrations, applications, including Canadian Satellite Capacity and Services Plans, as well as any comments or reply comments related to such plans, are provided in the following paragraphs.
Written questions asking for clarification of procedures or policies set out in this Call for Applications will be accepted. Questions are to be submitted to the Director, Space and International Regulatory by e-mail at email@example.com by 5:00 p.m. ET on July 31, 2006. All questions received by the deadline and the Department's written answers to these questions will be made public. These answers will be considered as amendments or supplements to the policies and procedures set out in this Call for Applications.
8.2 Satellite User Registrations
Those Canadian satellite users or representative organizations wishing to register with the Department must complete the form provided in Appendix A. Completed forms must be submitted to the Department in electronic format at the address noted in Section 8.8 by the deadline noted in Section 8.5.
All applications must refer to Canada Gazette notice DGRB-001-06, and clearly identify the applicant, provide the name of a person who can be contacted regarding the application (with a corresponding mailing address, electronic mailing address, and telephone and fax numbers), and indicate which licence(s), described in Table 1, the application refers to.
8.3.1 Application Format and Confidentiality
Applicants are required to provide one electronic copy and one paper copy of each application submitted. The Department requires that electronic copies be provided in one of the following formats: WordPerfect; Microsoft Word; or Adobe PDF.
Industry Canada recognizes that certain portions of the applications may be considered confidential by an applicant. If this is the case, the complete application is comprised of one electronic copy and one paper copy of the confidential version, and one electronic copy and one paper copy of a non-confidential version. Industry Canada will post the non-confidential versions of the applications.
Applicants should be aware that all information submitted pursuant to this Call for Applications including information which they have identified as being confidential is subject to the Access to Information Act. Applicants concerned about the confidentiality of the information provided are advised to refer to that Act.
8.3.2 Canadian Satellite Capacity and Services Plans
Although Canadian Satellite Capacity and Services Plans form part of the application, applicants are reminded that these plans will be posted on the website. The Department therefore requires that all Canadian Satellite Capacity and Services Plans be submitted as stand-alone documents on a non-confidential basis in both electronic and paper format.
As indicated in Section 3, Canadian satellite users are invited to provide comments concerning the Canadian Satellite Capacity and Services Plans. Applicants are also invited to respond to these comments.
All comments must refer to Gazette notice DGRB-001-06, provide the name of a contact person (with corresponding mailing address, e-mail address, and telephone and fax numbers), and clearly identify the applicant and plan being referred.
Comments on plans must be submitted in electronic format to the departmental address noted in Section 8.8, by the deadline noted in Section 8.5(d), in one of the following formats: WordPerfect; Microsoft Word; or Adobe PDF. These comments will be posted on the website and must be submitted on a non-confidential basis.
All applicant responses to these comments must be submitted in electronic format to the departmental address noted in Section 8.8, by the deadline noted in Section 8.5(e), in one of the following formats: WordPerfect; Microsoft Word; or Adobe PDF. These comments will be also be posted and must be submitted on a non-confidential basis.
(a) Clarification Questions
Clarification questions must be made in writing and be received by July 31, 2006.
(b) Submission of Satellite User Registrations
Satellite user registrations must be received by August 15, 2006.
(c) Submission of Applications
Applications must be received by the Department by 5:00 p.m. ET on November 15, 2006.
(d) Submission of Comments
Comments on Canadian Satellite Capacity and Services Plans must be received by 5:00 p.m. ET on December 15, 2006.
(e) Submission of Applicant Responses to Comments
Applicant responses to comments must be received by 5:00 p.m. ET on January 15, 2007.
(f) Modifications to Deadlines
Every effort will be made to adhere to the deadlines indicated above, and to publishing clarifications, user registrations, applications, Canadian Satellite Capacity and Services Plans, comments on plans, and applicant responses to comments within one or two business days of their receipt.
However, should the publication of information take longer than anticipated, the Department may extend the appropriate deadlines. Also, should the preparation of responses take longer than anticipated, the Department may extend subsequent deadlines.
The Department may also grant an extension, on an exceptional basis, of up to five business days to provide complete applications if an applicant is unable to provide it by the indicated deadline. Any request for an extension must be made in writing and provide supporting reasons. It must be received no later than 48 hours before the Department's established deadline for submission of applications. Should such an extension be granted, the extension would be made available to all potential applicants.
Should such extensions to deadlines, or other extensions considered appropriate by the Department, be necessary, a notice to this effect would be posted on the website.
All satellite user registrations, applications (non-confidential versions if provided), Canadian Satellite Capacity and Services Plans and related comments received will be posted on the website. Every effort will be made to post these for public viewing within a few days of their receipt. In addition, a summary listing of all applicants and the licences they have applied for will be posted.
Official printed copies of the Canada Gazette notice can be obtained from the Canada Gazette website at: www.gazette.gc.ca/index-eng.html.
The following references noted in this paper are available on the website under Official Publications.
Procedure for the Submission of Applications to License Fixed Earth Stations and to Approve the Use of Foreign Fixed-Satellite Service Satellites in Canada
Licensing of Space Stations in Services Other than the Amateur Satellite Service and the Broadcasting Satellite Service in Planned Bands
Canadian Ownership and Control
Policy for the Use of Geostationary-Satellite Orbit by Canadian Satellite Networks
Policy Framework for the Provision of Fixed Satellite Services
Policy Guidelines Concerning the Transfer of Radio Licences
Guidelines on the Licensing Process and Spectrum Release Plan (2001 Edition)
SP 1-20 GHz
Revisions to Microwave Spectrum Utilization Policies in the Range of 1-20 GHz
SP 3-30 GHz
Revisions to Spectrum Utilization Policies in the 3-30 GHz Frequency Range and Further Consultation
Canadian Table of Frequency Allocations 9 kHz to 275 GHz
CPC — Client Procedures Circular
RP — Radio Systems Policy
SP — Spectrum Utilisation Policy
Director, Space and International Regulatory Activities
Radiocommunications and Broadcasting Regulatory Branch
Room 1564C — Jean Edmonds Tower North
300 Slater Street
Issued under the Authority of the Radiocommunication Act
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