Archived — Letter to Grant Thornton Limited regarding the conversion of Multipoint Distribution Service (MDS) authorizations for sites in Ontario and Quebec to Broadband Radio Service (BRS) licences

August 27, 2009

Rea Godbold
Grant Thornton Limited
Royal Bank Plaza
19th Floor, South Tower
200 Bay Street, Box 55
Toronto ON M5J 2P9

Dear Mr. Godbold:

I refer to the request submitted by Grant Thornton Limited on behalf of Look Communications Inc and Look Mobile Corporation (the general partner) carrying on business as Look Communications L.P. (Look) to convert Multipoint Distribution System (MDS) authorizations for sites in Ontario and Quebec to Broadband Radio Service (BRS) licences as per Industry Canada’s DGTP-002-06Policy Provisions for the Band 2500-2690 MHz to Facilitate Future Mobile Service and the subsequent transfer of the licences to Inukshuk Wireless Partnership (Inukshuk).

I am pleased to advise that the 13 BRS licences covering the Tier 4 areas listed in Annex A will be issued to Look, subject to the payment of the invoiced amount and receipt by our office of your agreement with the terms set out in my letter to you dated 16 July 2009. The term of these licences will expire on March 31, 2021. Approximately two-thirds of the spectrum allocated for the MDS authorizations (2596-2657 MHz) will be converted to BRS licences as set out in the aforementioned policy. The remaining one-third will be retained by the Department for a future licensing process. The Department recognizes the need for the orderly shut-down of the Look system. As a result, Look will be authorized the continued use of the frequencies 2590-2686 MHz for a period of 90 days from the date of this letter. At the end of that period, all of Look’s current authorizations to operate on any frequency in the 2500-2690 MHz range and the 2150-2162 MHz range as well as all Broadcasting Certificates issued to Look for these sites will be cancelled.

As noted in the July 16th letter, decisions resulting from consultations regarding the band plan and licensing of BRS services will necessitate that incumbents remain flexible in adoption of new assigned frequency blocks and technical spectrum sharing rules until the final decisions on the policy, licensing and technical rules have been established. The licences may be subject to amendment in order to align with future decisions.

In the current consultation DGRB-005-09 Consultation on Transition to Broadband Radio Service (BRS) in the Band 2500-2690 MHz, the Department requested input on the appropriate geographic areas for conversions from MDS authorizations to BRS licences. Although the decision on this issue has yet to be made, the areas covered by these particular licences will not be reduced irrespective of the outcome of the consultation. Should the decision be in favour of larger geographic service areas than what has been granted on an interim basis, these licences will be amended to reflect the larger geography irrespective of the subsequent transfer to Inukshuk.

Concerning the licence fee, the fee order indicated in Canada Gazette Notice DGRB-013-99 will apply until a new fee for BRS is established. An invoice in the amount of $ 262,114 will be generated for the licences to be issued in August 2009 in the name of Grant Thornton Limited on behalf of Look Communications Inc & Look Mobile Corp o/a Look Communications L.P. Upon payment of that invoice, the licences will be considered active and transferrable. Please note that although they will expire on March 31, 2021, the annual licence fee must be paid before March 31 of each year for the subsequent year (April 1 to March 31).

I strongly suggest that you carefully read the conditions that will be appended to the licences, and be advised that Look has an ongoing obligation to comply with all conditions of licence.

If you have any questions, please contact Heather Hall at (613) 990-4411.

Yours sincerely,

space to insert signature

Michael D. Connolly
Director General
Spectrum Management Operations Branch

cc: Mr. Michael Cytrynbaum
Mr. Ken Engelhart
Mr. Barry Chapman
Mr. Laurence Dunbar

Attachment: Look Communications L.P. Tier 4 Broadband Radio Service (BRS) Licences

Footnotes

Footnote 1

Grant Thornton Limited on behalf of Look Communications Inc. and Look Mobile Corporation (the general partner) carrying on business as Look Communications L.P.

Return to footnote 1 referrer

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