November 24, 2008
Mr. Drew Craig
Craig Wireless British Columbia Inc.
Suite 2730-555 Hastings St W
Vancouver BC V6B 5G3
Dear Mr. Craig:
This is to advise you that the request for conversion of your Vancouver MDS authorization to a Broadband Radio Service (BRS) licence has been approved in part, in line with our 2006 policy DGTP-002-06 – Policy Provisions for the Band 2500-2690 MHz to Facilitate Future Mobile Service. We are prepared to issue you a spectrum licence covering the Vancouver area; however, the remaining areas on your application cannot be processed at this time. Note that this does not affect the status of your Industry Canada Broadcasting Certificate. However, as indicated in the conditions of licence, you must continue to adhere to the requirements of the CRTC in respect of your broadcasting licence.
The above-mentioned policy decision did not establish the prerequisites for an MDS authorization to be eligible for conversion to a BRS licence. Until a decision is made, we are proceeding with licensing on a case-by-case basis.
In determining the geographic service area to be assigned to your Vancouver BRS authorization, a comparison of the broadcast contours associated with the Vancouver MDS authorization against the Department's service areas shows that the contour falls within and almost entirely fills the Tier 4-152 area and, therefore, we have concluded that a Tier 4 licence is warranted and would permit the alignment of your licence with one of our customary licence area definitions. The licence area for this particular licence will not be reduced irrespective of the outcome of the consultation.
As per the 2006 policy, approximately two-thirds of the spectrum allocated for your MDS authorization will be authorized for BRS under the conversion process. The remaining one-third will be retained by the Department for a further licensing process and as such the enclosed licence indicates the frequency range 2596 – 2657 MHz. The 2006 policy also indicates that the Department will harmonize the band-plan to be compatible with international model(s). The decisions resulting from future consultations regarding harmonization will necessitate that incumbents remain flexible in the adoption of new assigned frequency blocks and technical spectrum sharing rules. Although your assigned frequencies for Vancouver may be changed to align with the final decision and will be subject to such technical sharing rules, the amount of spectrum licensed will not be reduced.
Finally, the licence conditions attached to your BRS licence are also considered to be interim conditions pending completion of the consultation process.
In respect of the licence fee, the fee order indicated in Canada Gazette Notice DGRB-013-99 will apply until a new fee for BRS is established.
Should you or any other MDS operator apply to convert any MDS authorizations to BRS licences, the Department will assess each application based on the specifics of the request. If there is any change to the status of other areas included in your current application, we will review it at that time.
Please respond indicating that you agree with all of the conditions indicated in this note and on the draft licence attached. Upon receipt of your confirmation and upon completion of the Canadian Ownership and Control review for Craig Wireless British Columbia Inc., we will proceed to issue the BRS licence for Vancouver.
If you have any questions, please contact Heather Hall at 613-990-4411.
Michael D. Connolly
Director General,
Radiocommunications and Broadcasting Regulatory Branch