Archived — Letter to Grant Thornton Limited* and Inukshuk Wireless Partnership regarding the transfer of Broadband Radio Service (BRS) Licences from Look Communications** to Inukshuk Wireless Partnership

September 11, 2009

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

Don Falle
Inukshuk Wireless Partnership
1100 Blvd Rene-Levesque Ouest, Suite 1220
Montreal, QC H3B 4N4

Dear Mr. Godbold and Mr. Falle:

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 have been transferred to Inukshuk. The term of these licences will expire on March 31, 2021. The Department recognizes the need for the orderly shut-down of the Look system and also notes the agreement by Inukshuk to accommodate this transition. 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.

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 that would have been granted to Look Communications, irrespective of the subsequent transfer to Inukshuk.

Concerning annual licence fees, the fee order indicated in Canada Gazette Notice DGRB-013-99 will apply until a new fee for BRS is established. Please note that although they will expire on March 31, 2021, Inukshuk must pay the annual licence fee 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 Inukshuk 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,

Michael D. Connolly
Director General
Spectrum Management Operations Branch

Attachment

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


* 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 Communications Inc. and Look Mobile Corporation (the general partner) carrying on business as Look Communications L.P.

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