Results of the 2007 World Radiocommunication Conference — Canadian Delegation Report

Agenda Item 1.8

Agenda Item 1.8 – to consider the results of ITU-R studies technical sharing and regulatory provisions for the application of high altitude platform stations operating in the bands 27.5–28.35 GHzand 31–31.3 GHzin response to Resolution 145 (WRC-03), and for high altitude platform stations operating in the bands 47.2–47.5 GHzand 47.9–48.2 GHzin response to Resolution 122 (Rev. WRC-03);

Outcome/Results at WRC-07
This agenda item addressed the implementation of high altitude platforms (HAPS) in both the bands 28–31 GHzand the 47–48 GHz.

In the band 28–31 GHzand more specifically in the band 27.5–28.35 GHz, a single, common 300 MHzband for transmission in the HAPS-to-ground direction was specified to be paired with the band 31.0–31.3 GHzin Resolution 145 and consequential changes to footnotes to the Table of Frequency Allocation in Article 5 had to be made (Nos. 5.537A and 5.543A). In the band 47–48 GHz, changes were made to Resolution 122 to allow HAPSoperations in the bands 47.2–47.5 GHzand the 47.9–48.2 GHzon a co-primary basis with stations of the fixed satellite service (FSS). In addition, a "sunset date" (January 1st, 2012) by which assignments must be brought into use was imposed for HAPSfor which notices have been received by the Radiocommunication Bureau (BR) prior to 20 October 2007 and provisionally recorded in the Master International Frequency Register (MIFR) (including those made prior to 22 November 1997). Consequential changes were made to No. 5.552A.

Satisfactory Outcome/Results
The frequency band in Resolution 145, having finally been selected, for transmission in the HAPS-to-ground direction is not immediately adjacent to the band 28.35–28.6 GHzwhich is used for FSS(Earth-to-space) in North America, therefore, the concern of unwanted (out-of-band) emissions into the immediately adjacent band is dispelled.
Given the significant modifications made to Resolution 122, proponents of HAPS, and FSScan move forward with their plans to build their systems with more regulatory certainty. Now that a firm "sunset" date has been established, all provisional HAPSentries in the MIFRfor the band 47–48 GHzmade before 20 October 2007 (including those made prior to 22 November 2007) will be cancelled on 1 January 2012 unless the notifying administration informs the BRthat the assignment has been brought into use.

Agenda Item 1.9

Agenda Item 1.9 – to review the technical, operational and regulatory provisions applicable to the use of the band 2 500–2 690 MHzby space services in order to facilitate sharing with current and future terrestrial services without placing undue constraint on the services to which the band is allocated;

Outcome/Results at WRC-07
This agenda item dealt with new regulatory provisions to be applied to satellite systems to protect terrestrial systems in the band 2 500–2 690 MHz.

The new regulatory provisions adopted by WRC-07 can be summarized as follows:

More stringent power flux density limits of -136 / -125 dB(W/m²) for all space stations in the broadcasting, fixed and mobile-satellite services (BSS, FSSand MSS) except to specific space stations from China, India, Indonesia, Japan and Saudi Arabia;
A limitation for all satellite systems in this band to be national or regional, as opposed to world-wide systems; and,
The removal of the MSSallocation in Europe, Africa and the Americas.

Satisfactory Outcome/Results
The WRCresults align with the views and positions Industry Canada had taken in preparation for the conference.

Terrestrial interests in this band (Nortel, Motorola, RIM, Telus, Inukshuk) are extremely satisfied because their systems will enjoy a high level of protection from potential future satellite services in the band.

AirTV is not satisfied because the new limits are more stringent and will make their planned satellite network more costly to implement.

Telesat and CBCare satisfied that the new regulatory text does not contain precedent setting language making the new regulation apply retroactively. Such language could have put their satellite systems in other bands at risk.

List of Private Sector and/or OGDs with an Interest in the Item
Motorola, Nortel, Telus, RIM, AirTV, Telesat, CBC/Radio Canada, CAB.

Agenda Item 1.10

Agenda Item 1.10 – to review the regulatory procedures and associated technical criteria of Appendix 30B without any action on the allotments, the existing systems or the assignments in the list of Appendix 30B;

Outcome/Results at the WRC-07
This Agenda item dealt with the review of Appendix 30B containing the fixed-satellite service Plan which guarantees access to spectrum by all countries to satisfy their fixed-satellite requirements. The procedures and technical specifications for the Plan were established in 1988 and needed to be updated to take into account procedural experience gained in the implementation of the Plan, new technological developments and the requirements of new ITUMember States that came into being since 1988.

At this Conference, the regulatory procedures of Appendix 30B were redrafted in their entirety on the basis of the non-sequential approach that Canada at a very early stage adopted and successfully promoted within CITELwhere it became an Inter-American Proposal (IAP). As such, it was submitted to the second session of the Conference Preparatory Meeting (CPM2–07) and in conjunction with the CEPTproposal was included as Option 2 in the CPMReport to WRC-07 for consideration by the Conference. Article 2 of Appendix 30B on definitions was extensively revised and simplified. As a result the revised Appendix 30B contains the national allotments as specified in 1988, the list of assignments of operational systems, and the newly specified additional systems resulting from the implementation of allotments with modifications, or systems designed to provide multinational services whose implementation does not involve the conversion of national allotment(s). The adoption of the class "additional system" is very significant in that it allows the implementation of a system either through the modification of an allotment, or through the utilization of capacity/resources outside that associated with the Plan. In simple terms, it adds value to the allotments in the Plan. Article 6 is an entirely new article. It offers one efficient and unified procedure to be followed for the implementation of any FSSsystem intended to operate in the frequency bands of Appendix 30B. It also recognizes the sovereign right of a country to determine the inclusion of its own national territories in the service area of a system proposed by another country, it allows the proponent of the system the time (potentially up to 8 years) to secure agreement from a country whose territories are included in the intended service of proposed system. It contains safeguards, for countries that either through lack of knowledge or diligence, fail to comply with the procedures in this article, by instructing the BRto remind such countries of the requirement to comply along with the implications in the event of non-compliance. The procedure guaranties interference protection of allotments from the intended operational systems. Furthermore, Article 6 of Appendix 30B, as modified by WRC-07, stipulates that a failure to submit to the BRevidence of agreement addressing coordination requirements of a planned system causes frequency assignment notices for such a system to be returned to its proponent with unfavourable findings. This feature is new and it addresses very effectively the requirement for coordination agreements prior to notification/registration of frequency assignments with the ITU. Article 7 contains the procedures available only for new ITUMember States in order to obtain a national allotment and its inclusion in the allotment Plan of Appendix 30B. The revised article is vastly expanded to include detailed instructions to new Member States and the BR.

The technical annexes in Appendix 30B address issues such as allotment parameter specifications with reference to Earth and space segments, revised interference criteria, power flux density limits in the space-to-Earth and Earth-to-space directions, criteria determining if an allotment is considered to be affected, methodology for the determination of the overall single-entry and aggregate carrier-to-interference values. In addition, Resolution 149 [COM5/8] (WRC-07) addresses the implementation of the decisions of WRC-07 relating to Appendix 30B including the treatment of submissions awaiting processing at the BR as of the 17^th November 2007. Further, Resolution 49 was revised to include the application of the cost recovery provisions to all the submissions received under Appendix 30B with the exclusion of requests filed by new Member States seeking to obtain their respective national allotment under Article 7 of Appendix 30B.

Satisfactory Outcome/Results
The results are entirely satisfactory for the reason that the revised Appendix 30B is identical with the Canadian proposals under Agenda Item 1.10. The adoption of the non-sequential approach would greatly assist in the reduction of the backlog of Appendix 30B submissions at the BR, while the adoption of relaxed interference criteria facilitated the difficult work of the Conference to produce a revised Plan and following the Conference it would facilitate the efficient use of the capacity available within the Plan, as well as, the capacity outside the Plan within the frequency bands allocated to Appendix 30B. The revised regulatory and technical environment in the frequency bands of Appendix 30B would greatly facilitate new ITUMember States to obtain their respective national allotment averting the prospect of re-planning which is not in the interest of Canada. The flexibility incorporated in the Plan, whereby from the orbit location of an allotment a country may select to implement either the band 6–4 GHzor the band 13/10–11 GHzor only an up-link or a down link band of the Plan in association with a band other than those of Appendix 30B, would satisfy a wide range of space services applications while preventing the devolution of the Appendix 30B Plan into two Plans one in the band 6–4 GHzand another one in the band 13/10–11 GHz.

Agenda Item 1.11

Agenda Item 1.11 – to review sharing criteria and regulatory provisions for protection of terrestrial services, in particular the terrestrial television broadcasting service, in the band 620–790 MHzfrom BSSnetworks and systems, in accordance with Resolution 545 (WRC-03);

Outcome/Results at the WRC
WRC-07 decided to suppress the broadcasting satellite service (BSS) allocation in the band 620–790 MHzand to grand-father two BSSsystems providing services in Russia.

Satisfactory Outcome/Result
This outcome is in line with the Canadian proposal, advanced in a form of IAP, to remove the allocation to BSS(sound) in the band 620–790 MHz.

List of Private Sector and/or OGDs with an Interest in the Item
CBC, private Broadcasters, Land Mobile and public safety communities.

Agenda Item 1.12

Agenda Item 1.12 – to consider possible changes in response to Resolution 86 (Rev. Marrakesh, 2002) of the Plenipotentiary Conference: "Advance publication, coordination, notification and recording procedures for frequency assignments pertaining to satellite networks" in accordance with Resolution 86 (WRC-03);

Outcome/Results at the WRC
WRC-07 addressed 28 different issues, 17 of which were the subject of an IAP. All IAPson this agenda item were supported by Canada. A number of modifications were made to address deficiencies as well as improve satellite regulatory procedures. In addition, WRC-07 adopted changes to address consequences for non-payment of cost recovery fees for notification submissions. Canada has successfully achieved many of its objectives. Decisions of WRC-07 that differ from the Canadian positions will not impose significant problems for Canadian operators or the Canadian administration.

The results can be summarized as follows:

Issues covered by an IAP

1. Modifications to Annex 2 of Appendix 4

1.1 Advance Publication Information (API) for Non-Geostationary (NGSO) satellite systems not subject to coordination
The IAP was adopted by the Conference and resulted in making mandatory some elements that are currently optional to be provided at the APIstage for NGSOsatellite systems not subject to coordination.

1.2 Active and passive sensors on satellites
The IAP proposal was adopted by the Conference and resulted in including additional elements in order to properly describe and facilitate the filing of active and passive sensors on satellites.

1.3 Item C.8.d.2 in Appendix 4 (contiguous satellite bandwidth)
The IAP was adopted by the Conference and resulted in requesting the submission of item C.8.d.2 only if it is different from C.3.a (Bandwidth of the assigned frequency band).

2. Pfd levels for the band 27.500–27.501 GHz
The IAP was adopted by the Conference and resulted in also applying the pfdlevels in Table 21–4 given for the band 25.25–27.5 GHzto the band 27.5000–27.501 GHzand to remove the reference to Table 21–4 in No. 5.538.

3. Resolution 49 (Rev. WRC-03)
Under this Agenda Item, this resolution was retained with no change as it provides satisfactory means for providing due diligence information concerning the implementation of satellite networks. However, under Agenda Item 1.10, it was modified to incorporate changes to Appendix 30B.

4. Coordination Arc 17.3–17.8 GHz
The IAP was adopted by the Conference and resulted in to modifying Appendix 5 to establish as a coordination trigger an orbital separation lower than ±8° between GSO FSS satellites (Region 2) and GSO BSSsatellites (Region 1 for 17.3–17.7 GHzand Region 1 and Region 3 for 17.7–17.8 GHz ) in the band 17.3–17.8 GHz. A consequential change to Resolution 901 (WRC-03) was adopted. No 5.517 was modified and No. 5.518 suppressed to remove outdated references.

5. Provision No. 11.47 on provisional recording in the MIFR
The IAP was adopted by the Conference and resulted in modifying No. 11.47 to address 1) an inconsistency resulting from modifications to No. 11.44 at WRC-03, 2) the incorporation of the associated Rule of Procedure (RoP), 3) the deadline for cancellation of a recorded assignment not brought into use, and 4) the reminder for the confirmation that assignments to Earth stations have been brought into use within the regulatory period established under Nos. 11.44 or 11.45.

6. Coordination distances – ground based Earth stations and aircraft stations
In line with the IAP, WRC-07 modified Table 10 of Annex 7 of Appendix 7 to establish a 500 kmcoordination distance around ground-based Earth stations when sharing the spectrum with aircraft stations in bands not already covered in Table 10.

7. Resolution 88 (WRC-03) on simplification of Articles 9 and 11
WRC-07 supported the conclusion of the CPMreport on this issue which identified the potential disadvantages of the rationalization of Articles 9 and 11. As a result, Resolution 88 was suppressed as proposed in the IAP.

8. Resolution 86 (WRC-03)
The IAP was for no change to Resolution 86 (WRC-03) in conjunction with making the consideration of changes to the satellite regulatory procedures pursuant to Resolution 86 a permanent Agenda Item for future conferences. The Conference decided to retain Resolution 86 but made some changes to simplify it and eliminate redundant elements. As well, consideration of changes to the satellite regulatory procedures pursuant to Resolution 86 is now the standing Agenda Item 7 for future conferences and the current Agenda Item 7 was renumbered as Agenda Item 8.

9. Application of No. 9.14
The IAP was adopted by the Conference. WRC-07 modified No. 9.14 restricting it to transmitting space stations vis-à-vis receiving terrestrial stations to incorporate the RoPon No. 9.14 into the RR.

10. Application of Nos. 9.15- 9.18
As proposed in the IAP, WRC-07 made no changes to these provisions as they address different coordination procedures and should not be merged.

11. RNSS- provision Nos. 5.328B and 5.329A
The IAP was adopted by the Conference. WRC-07 modified footnote No. 5.328B to clarify coordination requirements of the RNSS(space-to-space) in the bands 1 215–1 300 MHz and 1 559–1 610 MHz, that is that coordination is required only with other RNSS(space-to-space) and to limit the application of Resolution 610 (WRC-03) to transmitting space stations. It also modified No. 5.329A to clarify that "other systems" refers to RNSS(space-to-Earth) and that "services" refers to services other than RNSS.

12. Provision No. 11.49 on suspension of assignments
The IAP was adopted by the Conference. WRC-07 concluded that 2 year period is appropriate to replace a malfunctioning satellite and that no change to this provision was required.

13. No. 9.1 on 6 month delay between dates of receipt of APIand coordination information
The IAP was to modify No. 9.1 not to remove the requirement to submit an APIbut to remove 6-month waiting period between the dates of receipt of the APIand of the coordination information. CITEL, with support from Regional Commonwealth in the field of Communications^{Footnote 2} (RCC), was of the view that this 6-month waiting period delays the overall coordination process for satellite networks and adds uncertainty as to the possible availability of orbital slots. Significant opposition was voiced from CEPT, Asia Pacific Telecommunity (APT) and Arab States (ARB). Proposals were also made to reduce the waiting period to 3–4 months but it was felt that a reduction in the waiting period would not resolve the issues raised by CITEL. In the absence of an acceptable compromise solution, the Conference decided to maintain the provision but also recognized that the 6-month period could create an advantage or disadvantage to an administration and invited administrations to continue to look for solutions to remedy the situation. While this was not the preferred outcome for Canada, the status quo should not impose significant problems for Canadian operators or the Canadian administration. Possible options that were mentioned by some administrations included financial due diligence and cost-recovery for APIs.

14. Consequences for Non-Payment of Satellite Network Cost-Recovery for Notification
To reflect the decision of Council 2005 to extend cost-recovery to notification filings and in line with the IAP, WRC-07 adopted modifications to Article 11, Appendices 30/30A/30B to identify the consequences for non-payment of cost-recovery fees for notification filings and adopted Resolution 905 [COM 5/2] (WRC-07) to provide a date of entry into force for these measures. Resolution 87 (WRC-03) was suppressed.

15. Extension of deadlines for bringing into use satellite networks and other requests from administrations
The Andean group, Uruguay, Indonesia, Viet Nam and Pakistan had each presented a specific request to the Conference:

The Andean group and CITELsought an extension of the date limit on which assignments are to be brought back into regular use following the suspension of use of frequency assignments to satellite networks under No. 11.49 for the Simon Bolivar 2 network;
Uruguay and CITELsought an extension of the period for the bringing into use of the VENESAT-1 network under No. 11.44;
Indonesia sought an extension of the date limit for resubmission of frequency assignments to the INDOSTAR-1, PALAPA-C1 and C4 networks under No. 11.46;
Viet Nam sought a future extension of the period for the bringing into use of the VINASAT-4A2 network under No. 11.44 in case of a future launch failure or delay outside their control;
Pakistan requested an accelerated process for the application of relevant provisions of Article 4 of Appendices 30 and 30A relating to BSSand feeder-link Plan assignments.

Taking into account the merits and the justifications provided for each case, that there was little or no impact on other administrations and the difficulties faced by developing countries, WRC-07 granted all these requests with the exception of that of Viet Nam for a possible future extension. However, the Conference instructed the RRB to continue to take into account the VINASAT-4A2 network in the event of a launch delay or failure preventing the bringing into use of the assignments by the end of the regulatory seven year time-limit of 23 May 2008.

Also, the request from Pakistan was granted subject to the successful completion of the procedure of Article 4 in Appendices 30 and 30A before the next WRC. Specific details can be found in document 278.

The Chairman noted that the exceptions that were granted could not be taken for an indication that any request for extension would be granted in the future. WRC-07 reaffirmed that the RRneed to be fully observed and that such requests from administrations were to be considered on a case-by-case basis.

16. Modification to Nos. 11.44, 11.47 and 11.48 – extension of BIU
WRC-07 considered a proposal to extend the seven-year regulatory time-limit for developing countries. WRC-07 concluded that there was no need to amend the current provisions of the RR. This decision was fully in line with the Canadian position on this issue.

17. Provision No. 11.43A – proposal to incorporate the RoP
The Conference considered two different methods to incorporate the Rule of Procedure (RoP)but could not agree on how best to address cumulative changes of orbital position. WRC-07 therefore decided that since the current procedures and relevant RoPs have not presented any difficulties for the BR, there will be only a minor change to No 11.43A to change the word "notified" to "recorded".

18. Provision No. 22.2
WRC-07 adopted the CEPT/ARB/APTproposal to amend this provision to remove the protection for NGSOsystems from GSOsystems with the addition of the words "unless otherwise specified" in front of "cannot claim protection".

19. Application of No. 9.11A with respect to category of services
While some administrations were in favour of incorporating the RoPwhich specifies that coordination requirements only apply to systems of equal rights, WRC-07 decided there should be no change to paragraph 1 and footnote 1 of Appendix 5. In doing so, the Conference endorsed the actions taken by the BRin the application of the RoPon No. 9.11A. Canada was of the view that this element of the RoPshould be reflected in the RRbut is satisfied with the endorsement of the BR's actions in the minutes of the Conference.

20. Modification to No. 11.46
WRC-07 clarified the provision to indicate how the notices will be treated should the new date of receipt not comply with the period specified with the seven-year limit under No. 11.44.1 or the five-year limit under No. 11.43A.

21. Resolution 89 (WRC-03) – Backlog in satellite filings
WRC-07 decided to suppress this resolution as the objectives of the resolution had been for the most part attained. It was deemed that any outstanding work under this resolution could be addressed under Resolution 86.

22. Upfront payment of cost-recovery fees
WRC-07 decided that it was not competent to consider proposals to amend Articles 9 and 11 to introduce the requirement to pay filing fees before the BRcan treat submissions. The Secretary General will be invited to bring this matter to the attention of the next Council session.

Satisfactory Outcome/Result
Canada is satisfied with the results of WRC-07. The Conference results are in line with all but one of the 17 IAPs. Canada's active role as CITEL spokesperson greatly contributed to this successful result. Results not in line with Canadian positions have either no impact or do not significantly disadvantage Canada in the satellite network regulatory process.

List of Private Sector and/or OGDs with an Interest in the Item
Telesat Canada, Ciel Satellite, MSV, TerreStar, CSA, MDA