Panasonic Canada Inc. — Conditions of Licence to Provide Aeronautical Mobile Satellite Services in Canada

Posted on Industry Canada website: August 14, 2014

1. Eligibility

Panasonic Canada Inc. (Panasonic Canada) must conform with the eligibility criteria for radiocommunication service providers as set out in Section 9(1) of the Radiocommunication Regulations.

2. Licence Transferability

This approval in principle 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 licence, and also includes any change that would have material effect on the ownership or control in fact of the licensee.

3. Laws, Regulations, and Other Obligations

a) Panasonic Canada and its use of the spectrum are subject to and must comply with the ITU Radio Regulations, the Canadian Radiocommunication Act, the Canadian Radiocommunication Regulations, and Canada’s spectrum policies pertaining to its authorized radio frequency bands.

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

c) Panasonic Canada must ensure that a valid arrangement is in place with the operator of the satellite network(s) to use satellite capacity for the provision of service in Canada.

4. Service to all Regions of Canada

Panasonic Canada must make fair and reasonable efforts to provide its mobile satellite services to all regions of Canada within the coverage contour and service availability of the associated satellites.

5. Research and Development

Panasonic Canada must invest, as a minimum, 2 percent of its adjusted gross revenues resulting from the use of this licence, averaged over the term of the licence, in eligible research and development activities related to telecommunications. Eligible research and development activities are those which meet the definition of scientific research and experimental development adopted in the Income Tax Act, as amended from time to time. Adjusted gross revenues are defined as total service revenues, less inter-carrier payments, bad debts, third party commissions, and provincial goods and services taxes collected. Panasonic Canada is exempt from research and development expenditure requirements if it, together with all affiliated licensees that are subject to the research and development condition of licence, has less than $1 billion in annual gross operating revenues from the provision of wireless services in Canada, averaged over the term of the licence. For this condition of licence, an affiliate is defined as a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier, as per subsection 35(3) of the Telecommunications Act.

6. Lawful Interception

a) Panasonic Canada must provide and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the Solicitor General publication entitled Enforcement Standards for Lawful Interception of Telecommunications. These standards may be periodically amended following consultation with the Solicitor General of Canada and the licensees.

b) Panasonic Canada may request the Minister to forbear from enforcing certain assistance compatibility requirements for a limited period. The Minister, following consultation with 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.

7. 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, Panasonic Canada must provide its subscribers with a copy of this condition.

b) Subscriber radio equipment must 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 3 kHz to 300 GHz — Safety Code 6.

8. 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.

b) The aggregate EIRP spectral density in the direction of the GSO arc emitted by all the Earth stations onboard aircraft communicating with the Galaxy 17 satellite shall not exceed the following limits:

For the co-polarized component::

Table 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
48 ≤ θ ≤ 180 -24 dBW

For the cross polarized component:

Table for the cross-polarized component
Angle off-axis (°) Maximum EIRP in any 4 kHz band
1 ≤ θ < 7.0 5 - 25 log θ dBW
7 ≤ θ < 9.2 -16 dBW

c) The aggregate EIRP spectral density in the direction of the GSO arc emitted by all the Earth stations on board aircraft communicating with the Telstar 11N and Telstar 14R satellites shall not exceed the limits specified in their respective coordination agreements. Should these limits change, Panasonic Canada must notify Industry Canada and obtain its approval for operation under the new limits.

d) Authority to operate subscriber earth stations on board aircraft using the 14 - 14.5 GHz band is granted on a no-protection, non-interference basis to stations of the fixed-satellite service operating in the band.

e) Subscriber earth station operations in the 14.47 - 14.5 GHz band shall protect radio astronomy activities at the Dominion Radio Astrophysical Observatory in Penticton, British Columbia.

f) Authority to operate subscriber earth stations using the 10.95 - 11.2 and 11.45 - 11.7 GHz bands on board aircraft is granted on a no-protection, non-interference basis.

g) Should the operation of a licensed station cause interference, Panasonic Canada must immediately take steps to mitigate the interference, including, if necessary, complete cessation of operation of all licensed stations.

9. Annual Reporting

Panasonic Canada must submit an annual report for each year of operation, including:

a) a statement indicating continued compliance with all licence conditions;

b) an update on the implementation of the aeronautical mobile satellite service, including the expansion of services provided in Canada;

c) an update on the satellites used for the provision of this service, the spectrum used, and the number of subscriber stations operating in Canada;

d) a statement indicating the annual gross operating revenues from the provision of wireless services in Canada and the annual adjusted gross revenues resulting from the use of this licence, as defined in condition 5;

e) when applicable, a report and the description of research and development expenditures as set out in condition 5, signed by a duly authorized officer of Panasonic Canada. Industry Canada may request an audited statement of research and development expenditures with an accompanying auditor’s report at its discretion; and,

f) if Panasonic Canada is claiming an exemption from condition 5, based on having less than $1 billion in annual gross operating revenues, Panasonic Canada must provide supporting financial statements signed by a duly authorized officer of Panasonic Canada.

All reports and statements must be submitted in electronic format by March 31st of each year to the Manager, Satellite Authorization Policy, Space Services, Engineering, Planning and Standards Branch at satellitelicences@ic.gc.ca. Confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.

10. Licence Fees

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

b) Panasonic Canada shall pay the applicable annual licence fees on or before March 31st of each year.

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