ARCHIVED — Gazette Notice DGTP-013-09

Department of Industry
Radiocommunication Act

Posted on Industry Canada website: December 24, 2009
Publication Date in Canada Gazette: January 9, 2010

Notice No. DGTP-013-09 — Decision Regarding Spectrum Utilization Policy for the 11 GHz Band

Intent

The purpose of this notice is to bring to a conclusion the public consultation process, initiated in December 2008 through Canada Gazette Notice DGTP-003-08,¹ and to announce Industry Canada’s decision regarding the request to use parts of the 11 GHz band for Direct-to-Home (DTH) satellite broadcasting services in Canada.

Background

The Department was requested to divide the 11 GHz frequency band and to designate half exclusively to satellite services, thus permitting the deployment of consumer satellite television receivers without risk of interference from terrestrial systems. In order to consider such a request, the Department posed a series of questions in Notice No. DGTP-003-08. A Spectrum Advisory Bulletin, SAB-001-08,² was also issued in December 2008 announcing a moratorium on licensing of fixed services (FS) in the bands 10.95-11.2 GHz and 11.45-11.7 GHz, while the Department assessed possible policy amendments to these bands.

Comments filed in response to the consultation were highly polarized: certain broadcasting and satellite interests supported exclusive use of these bands for DTH services, whereas terrestrial service operators supported no change to the current policy allowing shared use of these bands.

Both satellite and terrestrial interests raised the issue of access to spectrum to accommodate their future growth plans. Specifically, Shaw Direct requires new capacity to augment its existing services, to introduce new programming such as high definition television, and to remain competitive vis-à-vis other broadcasting distribution undertakings. Wireless carriers, which rely on the use of fixed systems to backhaul their telecommunications traffic, are expected to experience significant growth in their service offerings due to broadband mobile data applications, especially with the deployment of their third generation advanced wireless services (3G/AWS) and other future generations of wireless mobile systems. The provision of these high-capacity applications to subscribers will require increasingly more backhaul spectrum capacity.

Discussion

Spectrum is an essential component of the wireless industry, both for satellite and terrestrial services. In 2002, Industry Canada launched a broad consultation with proposals to introduce new services and system applications in several bands, and to reconcile the spectrum use of FS and fixed-satellite services (FSS) in shared bands between 3 GHz and 30 GHz. This review was intended as a long-term planning exercise, taking into account the requirements of both satellite and terrestrial services. In 2004, the Department concluded this review with the release of revisions to its Spectrum Utilization Policy (SP 3-30 GHz).³ The decisions focused on increasing the flexibility of service offerings for both FS and FSS, recognizing the importance of harmonizing spectrum use in a North American market, particularly for satellite services and commercial consumer devices. This policy framework provided the regulatory certainty required by the wireless community, both satellite and terrestrial services, for the long term.

With respect to satellite services, the Department, in keeping with the views of the satellite industry, made priority designations to FSS in the Ka-band (i.e. 1000 MHz in the 18-20 GHz range), clarified the 17 GHz allocations to the broadcasting-satellite service on an exclusive basis, and aligned the spectrum within the North American marketplace. These actions facilitated the introduction of multimedia consumer access satellite services, capable also of providing DTH satellite broadcasting services.

Industry Canada is of the view that this policy framework is still relevant to the long-term planning and deployment of both terrestrial and satellite services in these bands. The Department has reviewed all comments received in response to the consultation and has concluded its analysis of relevant information with respect to the use of the extended-Ku bands for DTH services in Canada. The Department has taken note of the spectrum needs of terrestrial services and the need to accommodate the DTH capacity requirements of Shaw Direct in the near term.

Accordingly, the Department has concluded that a one-time transitional solution will achieve the objectives of satellite DTH users while not adversely impacting the backhaul spectrum requirements of FS over the long term.

Decision

The transitional solution includes the following elements:

(1) Until January 1, 2028, two 125 MHz band segments, namely 11.075-11.2 GHz and 11.575-11.7 GHz, are available to provide DTH services in Canada from extended-Ku band satellite orbital positions approved by Industry Canada before December 2009.

(2) Until January 1, 2026, Industry Canada will not license new FS systems in the bands 11.075-11.2 GHz and 11.575-11.7 GHz, subject to the provisions of item 5 below. After January 1, 2026, the Department will make every effort to place new terrestrial links in other portions of the band or in other bands until January 1, 2028.

(3) After January 1, 2028, these DTH services will no longer be permitted in the bands 11.075-11.2 GHz and 11.575-11.7 GHz, and any DTH use in Canada will have migrated out of these bands.

(4) Existing fixed systems operating in the bands 11.075-11.2 GHz and 11.575-11.7 GHz may continue to operate under the terms of their current authorization. Modifications which do not increase the interference environment to DTH services will be considered on a case-by-case basis.

(5) If a DTH satellite has not been launched to operate in these band segments by January 1, 2014, the band segments will revert to shared use between terrestrial and satellite services, as prescribed for the 10.7-11.7 GHz band in SP 3-30 GHz. (Note: A launch failure would be considered as meeting this milestone).

(6) Satellite services will respect the power flux-density limits in No. 21.16 of the ITU Radio Regulations for this band.

In line with these provisions, Spectrum Advisory Bulletin SAB-001-08 is hereby rescinded.

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 www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of Canada Gazette notices can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

Original signed on December 21, 2009

_____________________________
Pamela Miller
Director General
Telecommunications Policy Branch

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[1] Notice No. DGTP-003-08 – Consultation on the Possible Use of the Extended-Ku Spectrum Bands for Direct-to-Home (DTH) Satellite Broadcasting Services (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf09193.html)

[2] http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf09185.html

[3] Spectrum Utilization Policy (SP 3-30 GHz) - Revisions to Spectrum Utilization Policies in the 3-30 GHz Frequency Range and Further Consultation (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf05617.html).