SPECTRUM LICENCE
Our File 46208-1 (380927 AL)
April 1, 2014
Mr. R. Stanton Dodge
Executive Vice-President & General Counsel
Gamma Acquisition Canada ULC
1035 Laurier Avenue W., 2nd floor
Outremont, Quebec H2V 2L1
Dear Mr. Dodge:
This letter constitutes a spectrum licence granting Gamma Acquisition Canada ULC (Gamma Canada) authority as a satellite operator to use the following bands of radio frequencies for the provision of mobile satellite services to Gamma Canada’s subscriber earth stations in Canada via the TerreStar-1 satellite.
| Uplink | Downlink |
|---|---|
| 2000 - 2010 MHz | 2190 - 2200 MHz |
This is an annual licence, subject to the conditions listed in the attachment. This licence expires on March 31st, 2015.
Yours sincerely,
Suzanne Lambert
Director, Space Services Operations
Attachment
Gamma Acquisition Canada ULC
Conditions of Licence to use 2 GHz spectrum to provide Mobile Satellite Services in Canada via the TerreStar-1 Satellite
1. Eligibility
Gamma Acquisition Canada ULC. (Gamma Canada) must conform with eligibility criteria as set out for radiocommunication service providers in section 9 (1) of the Radiocommunication Regulations.
2. Licence Transferability
This spectrum 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, and also includes any change which would have a material effect on the ownership or control in fact of Gamma Canada.
3. Laws, Regulations, and Other Obligations
- Gamma Canada is subject to and must comply with the ITU Radio Regulations, the Canadian Radiocommunication Act and the Radiocommunication Regulations, and Canada’s spectrum policies pertaining to its authorized radio frequency bands and satellite orbital position.
- The operation of the facilities and services being provided must be in conformity with relevant Canadian laws and regulations.
- Gamma Canada must operate the satellite as a Canadian radiocommunication carrier and must offer the satellite services or capacity on a non-discriminatory basis.
4. Service to Canada
- Gamma Canada must make fair and reasonable efforts to provide mobile satellite services to all regions of Canada within the coverage contour and service availability of the TerreStar-1 satellite.
- Gamma Canada must notify the Department of any material changes to arrangements for providing mobile satellite services in Canada.
5. Research and Development
Gamma 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. Gamma 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
- Gamma 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 Minister of Public Safety Canada and the licensees.
- Gamma Canada 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.
7. Subscriber Earth Stations
- Subscriber earth stations are authorized to operate in Canada only. Any roaming into other countries must respect the licensing regimes of those countries. To ensure compliance, Gamma Canada must provide its subscribers with a copy of this condition.
- Subscriber earth stations must meet all applicable Canadian radio equipment standards and be certified for use in Canada.
- 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. Environmental Protection of the Geostationary Orbit
The satellite, at the end of its life, must be removed from the geostationary satellite orbit region in a manner consistent with Recommendation ITU-R S.1003-2 Environmental Protection of the Geostationary Satellite Orbit.
9. Operational Frequency Requirements
The satellite must be coordinated internationally prior to commencement of operation, and be notified to the ITU. To this end, Gamma Canada must, at its own expense:
- participate with the Department to successfully complete the procedures of Articles 9 and 11 of the ITU Radio Regulations to coordinate and notify the 2 GHz band frequency assignments of the satellite network;
- provide the Department, in a form acceptable to the ITU, with any required information; and
- be responsible for the payment of all ITU processing charges related to the submission of this information.
Gamma Canada must fulfill all commitments made by Canada pursuant to all international coordination arrangements and agreements for the operation of its mobile satellite network at the 111.1°W orbital position.
10. Annual Reports
Gamma Canada must submit an annual report for each year of operation, including:
- a statement indicating continued compliance with all licence conditions;
- an update on the provision of mobile satellite service, including the relative growth of the services provided; and
- an update on the spectrum used, and the number of fixed and mobile subscriber earth stations operating within Canada;
- 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;
- 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 Gamma Canada. Industry Canada may request an audited statement of research and development expenditures with an accompanying auditor’s report at its discretion; and,
- if Gamma Canada is claiming an exemption based on having less than $1 billion in annual gross operating revenues as defined in condition 5, Gamma Canada must provide supporting financial statements duly authorized by an officer of Gamma 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 ic.satelliteauthorization-autorisationsatellite.ic@canada.ca. Confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.
11. Licence Fees
Gamma Canada must pay the applicable annual authorization fees on or before March 31st of each year.