32221777 Nova Scotia Limited

32221777 Nova Scotia Limited
Conditions of Licence to Provide Aeronautical Mobile Satellite Services in Canada

24 September 2009

1. Eligibility

32221777 Nova Scotia Limited shall conform with the eligibility criteria as set out in section 10.1 of the Radiocommunication Regulations.

2. Licence Transferability

This radio licence may not be transferred or assigned without a full review of the application by the Department and 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 licences.

3. Laws, Regulations and other Obligations

a) 32221777 Nova Scotia Limited is subject to and must comply with the ITU Radio Regulations, the Canadian Radiocommunication Act, Radiocommunication Regulations, and Canada’s spectrum policies pertaining to its authorized radio frequency bands and satellite orbital positions.

b) The operation of the facilities and services being provided shall be in conformity with relevant Canadian laws and regulations.

4. Research and Development

32221777 Nova Scotia Limited shall invest a minimum of 2 percent of its adjusted gross revenues resulting from the provision of aeronautical mobile satellite services in Canada on satellite-related research and development activities. This investment may be averaged over a 5 year period beginning with the issuance of the first licence.

Eligible research and development is that which meets the definition adopted by the Canada Customs and Revenue Agency. 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.

Licensees 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.

5. Subscriber Earth Stations

a) Subscriber earth stations on board aircraft are authorized to operate in Canada only. Any operation in other countries must respect the licensing regimes of those countries. To ensure compliance, 32221777 Nova Scotia Limited shall provide its subscribers with a copy of this condition.

b) Subscriber radio equipment shall meet all applicable Canadian radio equipment standards to be developed by Industry Canada and be certified for use in Canada.

c) The operation of subscriber earth stations must comply with Health Canada's Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from kHz to 300 GHz - Safety Code 6.

6. Operational Frequency Requirements

a) Subscriber earth station operations must respect all technical and operational requirements outlined in the International Telecommunication Union's Recommendation ITU-R M.1643. Furthermore, the aggregate EIRP spectral density in the direction of the GSO arc emitted by all the Earth stations onboard aircraft shall not exceed the following limits:

For the co-polarized component:

Angle off-axis (°) Maximum EIRP in any 4 kHz band
1 ≤Θ < 7 15 - 25 log Θ dBW
7 ≤Θ < 9.2 -6 dBW
9.2 ≤Θ< 48 18 - 25 log Θ dBW
Θ > 48 -24 dBW

For the cross polarized component:

Angle off-axis (°) Maximum EIRP in any 4 kHz band
1 ≤Θ < 7.5 -25 log Θ dBW
7 ≤Θ < 9.2 -16 dBW

b) Authority to operate subscriber earth stations on board aircraft using the 14.0-14.5 GHz band is granted on a no-protection, non-interference basis to stations of the fixed-satellite service operating in the band.

c) Authority to operate subscriber earth stations using the 11.7-12.2 GHz band on board aircraft is granted on a no-protection, non-interference basis.

d) Should the operation of a licensed station cause interference, 32221777 Nova Scotia Limited shall immediately take steps to mitigate the interference, including, if necessary, complete cessation of operation of all licensed stations.

7. Lawful Intercept

a) 32221777 Nova Scotia Limited shall provide and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the publication entitled Solicitor General’s Enforcement Standards for Lawful Interception of Telecommunications. These standards may be periodically amended following consultation with the Minister of Public Safety Canada and the licensees.

b) 32221777 Nova Scotia Limited may request the Minister to forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with the Minister of Public Safety Canada, may exercise his power to forbear from enforcing a requirement or requirements where in the opinion of the Minister, the requirement(s) is (are) not reasonably achievable. Forbearance requests must include specific details and dates when compliance to requirement(s) can be expected.

8. Annual Reporting

32221777 Nova Scotia Limited must submit an annual report for each year of operation indicating continued compliance with these conditions, including:

  • an update on the implementation of the aeronautical mobile satellite service, including the growth of services provided;
  • an update on the satellites used in the provision of this service, the spectrum used, and the number of subscriber stations expected to be operating in Canada for the following year;
  • a statement of gross operating revenues and, where applicable, under condition 4 above a statement of adjusted gross revenues, and an audited statement of research and development expenditures;
  • a copy of any existing corporate annual report for your fiscal year with respect to this authorization.

These reports are to be submitted in writing within 120 days of your fiscal year end to the Manager, Satellite Authorization Policy, Directorate - Space Services, Engineering, Planning and Standards Branch.

9. Licence Fees

a) 32221777 Nova Scotia Limited shall obtain the necessary radio licences prior to installing or operating any mobile earth station onboard aircraft in Canada.

b) 32221777 Nova Scotia Limited must pay the applicable annual licence fees on or before March 31st of each year.

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