ARCHIVED — Gazette Notice No. DGRB-005-09

• Notice regarding Stakeholder Proposal Development: Incumbents’ Views on the 2500‑2690 MHz Band Plan for Broadband Radio Service (BRS)
  October 16, 2009
• Reply Comments
  July 21, 2009
• Comments Received
  June 18, 2009
• Gazette Notice DGRB-010-09 – Extension to the Comment Period: Consultation on Transition to Broadband Radio Service (BRS) in the Band 2500-2690 MHz
  April 24, 2009
• Broadband Radio Service (2500 - 2690 MHz)

---

Department of Industry
Radiocommunication Act

Posted on Industry Canada website: March 10, 2009
Publication Date in Canada Gazette: March 14, 2009

Notice No. DGRB-005-09 – Consultation on Transition to Broadband Radio Service (BRS) in the Band 2500-2690 MHz

Through this notice, Industry Canada hereby announces a consultation on the transition to Broadband Radio Service (BRS) and on the criteria to be used in the issuance of BRS licences to operators of qualified Multipoint Communication System (MCS) licences and Multipoint Distribution Service (MDS) authorizations. This notice also introduces the Stakeholder Proposal Development (SPD) process, which will be conducted soon after the release of this notice.

The Department is also announcing a moratorium, effective immediately, on new applications for broadcasting certificates in the band 2500-2690 MHz. All applications for broadcasting certificates already in the possession of Industry Canada will be processed, culminating in the issuance of a broadcasting certificate should all requirements be met. All outstanding documents necessary for the processing of these applications must be received by the Department within three (3) months of the date of this notice, otherwise the application will be returned.

In March 2006, Industry Canada issued policy decision DGTP-002-06 — Policy Provisions for the Band 2500-2690 MHz to Facilitate Future Mobile Service (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08551.html). This policy enabled the implementation of mobile services for both MCS and MDS operators subject to the return of current authorizations and the issuance of new spectrum licences with the flexibility to offer mobile, fixed and broadcasting services in approximately two thirds of the originally authorized spectrum.

Given that some incumbents indicated their intent to pursue their existing business plans and expressed concerns about the uncertain future status of mobile services in the band, the Department did not impose a fixed transition date to BRS licences in the 2006 policy. Instead, the Department reserved the right to consult at a future date on issues related to such a transition. Since the issuance of the policy in 2006, international developments at the technological and regulatory levels have removed the uncertainty about the implementation of advanced mobile services in this band.

Licences such as BRS, which support a mix of services, including mobile, fixed and broadcasting, are often referred to as 'flexible-use' licences. The Department is committed to taking the necessary steps for the implementation of BRS in order to increase flexibility in service provision that would benefit Canadians by enabling the development of competitive high-speed mobile services. To this end, the Department is initiating the consultation process to determine whether to renew the licences and continue with voluntary conversion to BRS, or adopt a firm transition date for the implementation of BRS and related transition policies.

Although the 2006 policy provided details in terms of the spectrum for the new flexible-use BRS licences, it did not address eligibility criteria for conversion of MCS and MDS authorizations to BRS licences, nor did it address the geographic conversion of site-specific MCS licences and MDS authorizations to spectrum licences for BRS. This consultation will be used to determine the criteria to be applied for the voluntary conversion pursuant to the 2006 policy, as well as for the eventual implementation of the transition policy.

Submitting comments

Respondents are requested to provide their comments in electronic format (XHTML, WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following e-mail address: spectrum.operations@ic.gc.ca, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Director, Spectrum Management Operations, Radiocommunications and Broadcasting Regulatory Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario, K1A 0C8.

All submissions should cite Canada Gazette, Part I, the publication date, the title and notice reference number DGRB-005-09. Parties should submit their comments no later than May 15, 2009, to ensure consideration. Soon after the close of the comment period, all comments received will be posted on Industry Canada's Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.

The Department will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until June 15, 2009.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada's Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/index-eng.html. Printed copies of Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

Original signed on March 6, 2009