Letter of Exchange for Arrangement F, SCP, and Arrangement S

July 18, 2011

Mr. Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
USA

Dear Mr. Genachowski:

I am pleased that the past several meetings of the U.S.-Canada Radio Technical Liaison Committee have been successful. At these meetings, the Federal Communications Commission (FCC) and Industry Canada (IC) have discussed and exchanged much information in an effort to reach a revision to the existing arrangement (Arrangement F1), Special Coordination Procedure (SCP) and understandings between our respective governments regarding the coordination of land mobile services operating in the bands 806 to 824 MHz and 851 to 869 MHz along the common border. Our officials have also concluded discussions concerning a draft new arrangement (Arrangement S2), regarding the coordination of cellular radio systems operating in the bands 824 to 849 MHz and 869 to 894 MHz along the common border.

The proposed draft revisions to Arrangement F, the SCP and the draft new Arrangement S are attached in their entirety (Annex 1). These should eventually replace the current Arrangement F, Understandings (Interim Arrangements), and Procedures or Exchange of Letters listed in Annex 23.

In parallel, officials of our two governments are initiating steps towards concluding the formalities to make the provisions, as contained in Annex 1, binding international agreements. Until officially adopted, the terms in these Arrangements and the SCP are not binding, but reflect a mutually beneficial set of principles and procedures.

We also note that some Canadian land mobile assignments within the coordination zone remain in operation in accordance with the SCP signed between the Agencies in October 2001. Since these operations are not addressed in the new SCP or revisions to Arrangement F, provisions for continued operation of these assignments are proposed in Annex 3.

Taking the above into account, radiocommunication users in both countries would benefit if IC and the FCC were to implement the procedures outlined in the attachments at the soonest possible date. Pending conclusion of the formal ratification of the arrangements, IC proposes to apply and act in accordance with the attached procedures on an interim basis. I understand that the FCC has similar intentions.

If the FCC concurs with the above, I suggest that the above proposal become effective on the date of your affirmative letter in reply. I note that there are several place holders in the attached procedures for time frames based on the effective date of your affirmative reply.

Yours Sincerely,

Helen McDonald
Senior Assistant Deputy Minister
Spectrum, Information Technologies and
Telecommunications

Enclosures

1 to the Exchange of Notes (October 24, 1 962) between the Government of Canada and the Government of the United States of America concerning the coordination and use of radio frequencies above thirty megacycles per second)

2 under the Exchange of Notes (October 24, 1 962)

3 the draft revision to Arrangement F may include an additional provision to list the current Arrangements, Understandings and Exchange of Letters that will be superseded.


FEDERAL COMMUNICATIONS COMMISSION
JULIUS GENACHOWSKI CHAIRMAN

August 1, 2011

Ms. Helen McDonald
Senior Assistant Deputy Minister
Spectrum, Information Technologies and Telecommunications
Industry Canada
Jean Edmonds Tower
300 Slater Street
Ottawa, ON K1A 0C8 Canada

Dear Ms. McDonald,

Thank you for your letter dated July 18, 2011 regarding the discussions by the U.S.-Canada Radio Technical Liaison Committee (RTLC) on revising the current arrangements and understandings between our two governments concerning land mobile operations in the bands 806-824 MHz and 851-869 MHz (800 MHz band) and cellular radio systems in the bands 824-849 MHz and 869-895 MHz (Cellular Band).

Like you, I believe that the principles and procedures adopted at the RTLC and reflected in the documents attached to your letter will be mutually beneficial to both of our countries and that the earliest possible implementation of those principles and procedures is advisable.

I therefore concur with your proposal to implement the principles and procedures detailed in the documents included in Annex 1 of your letter (until these documents are brought into force by our two governments), even to the extent of any inconsistency between the provisions of those documents and the provisions of the existing Arrangement F under the 1962 Agreement between our governments concerning the coordination and use of radio frequencies above thirty megacycles per second (Arrangement between the Department of Communications of Canada and the Federal Communications Commission of the United States Concerning the Use of the Band 806 to 890 MHz Along the Canada – United States Border, signed at Washington November 2, 1993 and January 4, 1994).

The documents in question include the draft revised Arrangement F, the Special Coordination Procedure between Telus and Sprint/Nextel and the draft new Arrangement S as attached to your letter. Furthermore, I concur with the provisions you describe in Annex 3 for operation of certain Canadian assignments along the common border in the 800 MHz band.

I look forward to working with you and your staff as the Canadian and U.S. Governments undertake a final legal review and determination of any necessary changes to the documents in question that may be required to bring into force (or otherwise make effective) the revised draft Arrangement F, the Special Coordination Procedure and the draft new Arrangement S.

Finally, I would like to thank you and your staff for working with us on these documents. I look forward to continuing our collaborative work in the future.

Sincerely,

Julius Genachowski
Chairman
Federal Communications Commission

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