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BRS Spectrum Licence
Issued under the authority of the Minister of Industry in accordance with the Radiocommunication Act and Regulations made thereunder
Effective Date: October 1, 2008
Expiry Date: March 31, 2021
Account Number: 07-0900xxxxx
Radiocommunication Carrier
Craig Wireless British Columbia Inc.
Suite 2730-555 Hastings St. W.
Vancouver, BC
V6B 5G3
This Licence Authorizes the Use of the Specified Radio Frequencies in the Service Area Listed Below
Number/Type: xxxxxxx / Fixed
Lower Frequencies:
2596.0000 MHz
TO
2657.0000 MHz
Upper Frequencies:
Services: T – Land/Mobile
Appendix: G6 – Licence Conditions
The following conditions apply to licences for the BRS spectrum band.
1. Licence Term
The term of this licence is indicated above. Licence renewal will be subject to a public consultation process which is expected to address geography and frequency concerns, conditions of licence and applicable fees. During the term of the licence, the terms and conditions are subject to change to align with decisions made by the Minister following the consultation processes with respect to this band. For licences not acquired through a spectrum auction, licensees must pay the annual licence fee before March 31 of each year for the subsequent year (April 1 to March 31).
2. Licence Transferability and Divisibility
The licensee may apply in writing to transfer its licence in whole or in part (divisibility), in both the bandwidth and geographic dimensions. Departmental approval is required for each proposed transfer of a licence, whether the transfer is in whole or in part. The transferee(s) must also provide an attestation and other supporting documentation demonstrating that it meets the eligibility criteria and all other conditions, technical or otherwise, of the licence.
The Department may define a minimum bandwidth and/or geographic dimension (such as the grid cell) for the proposed transfer. Systems involved in such a transfer shall conform to the technical requirements set forth in the applicable standard.
The licensee may also apply to use a subordinate licensing process.
For more information, refer to Industry Canada's Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
3. Eligibility Criteria
A licensee operating as a radiocommunication carrier must comply on an ongoing basis with the eligibility criteria in section 10(2) of the Radiocommunication Regulations. The licensee must notify the Minister of Industry of any change that would have a material effect on its eligibility. Such notification must be made in advance for any proposed transactions within its knowledge. For more information, refer to Industry Canada's Client Procedure Circular, Canadian Ownership and Control (CPC-2-0-15).
A licensee operating as a radiocommunication service provider must comply on an ongoing basis with the eligibility criteria in section 9(1) of the Radiocommunication Regulations. The licensee must notify the Minister of Industry of any change that would have a material effect on its eligibility. Such notification must be made in advance for any proposed transactions within its knowledge.
A licensee that intends to offer broadcasting services must meet the eligibility criteria as determined by the CRTC through the Broadcasting Act and obtain a broadcast licence from the CRTC.
4. Displacement of Incumbents
The licensee must comply with transition policies related to the displacement of fixed systems as may be issued.
5. Radio Station Installations
While site-specific radio licences will not be required for each radio station, licensees must ensure that each radio station is installed and operated in a manner that complies with Industry Canada's Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time.
6. Provision of Technical Information
When the Department requests technical information on a particular station or network, the information must be provided by the licensee to the Department according to the definitions, criteria, frequency, and timelines specified by the Department. For more information, refer to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
7. Compliance with Legislation, Regulations and other Obligations
The licensee is subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations and the International Telecommunication Union's Radio Regulations pertaining to its licensed radio frequency bands. The licence is issued on condition that the certifications made in relation to this licence are all true and complete in every respect. The licensees must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the stated spectrum policy. Licensees must abide by applicable provisions of other statutes and rulings of other statutory bodies, such as the Canadian Radio-television and Telecommunications Commission (CRTC) or the Competition Bureau.
8. Technical Considerations
The licensee must comply on an ongoing basis with the technical aspects of the appropriate Radio Standards Specifications and Standard Radio System Plans, as amended from time to time.
9. International and Domestic Coordination
The licensee must comply with the current and future agreements established with other countries. While frequency assignments are not subject to site licensing, the licensee may be required to furnish all necessary technical data for each relevant site.
The licensee will use its best efforts to enter into mutually acceptable sharing agreements that will facilitate the reasonable and timely development of their respective systems, where applicable, and to coordinate with other licensed users in Canada and internationally where applicable.
10. Lawful Interception
Licensees using spectrum for circuit-switched voice telephony systems must, from the inception of service, provide for and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95). These standards may be amended from time to time.
The licensee may request the Minister of Industry to forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with Public Safety Canada, may exercise the power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirement is not reasonably achievable. Requests for forbearance must include specific details and dates indicating when compliance to the requirement can be expected.
11. Research and Development (R&D)
All licensees must invest, as a minimum, 2 percent of their adjusted gross revenues resulting from their operations in this spectrum averaged over the 10-year term of the licence, in eligible research and development activities related to telecommunications. Eligible research and development activities are those which meet the definition of scientific research and experimental development adopted in the Income Tax Act. Adjusted gross revenues are defined as total service revenues, less inter-carrier payments, bad debts, third party commissions, and provincial and goods and services taxes collected. Businesses with less than $5 million in annual gross operating revenues are exempt from research and development expenditure requirements, except where they have affiliations with licensees that hold other licences with the research and development condition of licence and where the total annual gross revenues of the affiliated licensees are greater than $5 million.
To facilitate compliance with this condition of licence, the licensee should consult the Department's Guidelines for Compliance with the Radio Authorization Condition of Licence Relating to Research and Development (GL-03).
12. Implementation of Spectrum Usage
The Department will take into account implementation in considering eventual renewal of BRS licences.
13. Mandatory Antenna Tower and Site Sharing
The licensee must comply with the mandatory antenna tower and site sharing requirements set out in Industry Canada's Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.
14. Annual Reporting
Licensees must submit an annual report for each year of the licence term indicating continued compliance with all licence conditions and including the following information:
- a statement indicating continued compliance with all conditions of licence;
- an update on the implementation and spectrum usage within the area covered by the licence;
- existing audited financial statements with an accompanying Auditor's Report;
- audited Statement of Research and Development Expenditures with an accompanying Auditor's Report (where licensees are claiming an exemption based on an adjusted gross revenue of less than $5 million, supporting financial statements must be provided); and
- a copy of any existing corporate annual report for the licensee's fiscal year with respect to the authorization.
The reports are to be submitted, in writing, to Industry Canada at the address below within 120 days of the licensee's fiscal year-end. Where a licensee holds multiple licences, the reports should be broken down by service area. Confidential information provided will be treated in accordance with section 20(1) of the Access to Information Act.
Manager, Emerging Networks
Radiocommunications and Broadcasting Regulatory Branch
Industry Canada
300 Slater Street, 15th floor
Ottawa, Ontario
K1A 0C8
15. Amendments
The Minister of Industry retains the discretion to amend these terms and conditions of licence at any time.