Final Policy and Licensing Procedures for the Auction of the 24 and 38 GHz Frequency Bands — Appendix 3

Appendix 3 – Application to Participate in the Auction of the 24 and 38 GHz Frequency Bands

Application to Participate in the Auction of the 24 and 38 GHz Frequency Bands (Appendix 3)
(PDF Format, 70 KB, 8 pages)

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1. Applicant

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2. Address (Street, P.O. Box, etc.)

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3. City, Town
4. Province
5. Postal Code
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6. Applicant Classification

Checkbox-case à cocher Corporation   Checkbox-case à cocher Individual   Checkbox-case à cocher Partnership   Checkbox-case à cocher Joint Venture   Checkbox-case à cocher Other space to insert other

Please attach details of the beneficial ownership for every entity that owns more than 10% of the Applicant's voting shares, non-voting shares, partnership interests, or any other beneficial interests, as the case may be.

7. Relationship With Incumbent Local Exchange Carrier (ILEC)

I certify that the above-named Applicant
(check one)

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is not an incumbent local exchange carrier (ILEC) (or a successor thereto) or an affiliate, as defined in the Policy and Licensing Procedures for the Auction of the 24 and 38 GHz Frequency Bands document, of an incumbent local exchange carrier (or a successor thereto).
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is an incumbent local exchange carrier (ILEC) (or a successor thereto) and/or an affiliate, as defined in the Policy and Licensing Procedures for the Auction of the 24 and 38 GHz Frequency Bands document, of the following incumbent local exchange carrier(s) (or successor(s) thereto)

(check all that apply)

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BCT.TELUS Communications Inc.
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Bell Canada
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Island Telecom Inc.
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Manitoba Telecom Services Inc.
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Maritime Telegraph & Telephone Company, Limited
 
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New Brunswick Telephone Company Limited
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NewTel Communications Inc.
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Northwestel Inc.
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Québec-Téléphone
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Sasktel
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Télébec ltée

and that the local exchange area(s) of the applicant and/or its affiliates overlap more than 35% of the population of the Tier 3 service areas indicated in Annex A to this Application Form:

(See and complete Annex A to this Application Form.)

8. Canadian Ownership and Control

I certify that I have read and I understand the contents of the Canadian carrier eligibility criteria as set out in section 10 of the Radiocommunication Regulations and I comply, or will comply, with the Canadian carrier ownership and control requirements, as applicable.

9. Desired Initial Level of Eligibility Points and Required Pre-Auction Deposit

Enter the initial total number of points-worth of licences on which you wish to be able to bid in any round in box (a) below. This will be your initial level of eligibility points. (See Annex B.)

(a)
box for bid amount
 points

Multiply the value in box (a) by $2500 and enter this value in box (b) below. This will be the value of your required pre-auction deposit, in the form of an irrevocable standby letter of credit which meets, and is subject to, the terms and conditions contained in Annex C.

(b)
 $box for deposit amount

10. Prohibition of Collusion

I certify that the Applicant has not entered into and will not enter into any agreements or arrangements of any kind with any competitor regarding the amount to be bid, bidding strategies or the particular licence(s) on which the Applicant or competitors will or will not bid. For the purposes of this certification the word competitor means any entity, other than the Applicant or its affiliates, who could potentially be a bidder in this auction based on its qualifications, abilities or experience. I understand that if this certification is found not to be true and complete in every respect, then:

  1. the Applicant will be disqualified from bidding or continuing to bid;
  2. the Applicant's standing high bids will be deemed to have been withdrawn, and the appropriate penalties will apply; and
  3. any licence that may already have been issued to the Applicant as a result of this auction process maybe revoked.

(Note section 6.2 of the Policy and Licensing Procedures for the Auction of the 24 and 38 GHz Frequency Bands)

11. Designated Bidders

The persons listed in Annex D to this Application are nominated by the Applicant as its designated bidders. (See and complete Annex D to this Application form.)

12. Consent

The Applicant consents to the publication by Industry Canada of all the information contained in this Application and attachments, except for the Deed of Acknowledgement and the irrevocable standby letter of credit.

13. Authority

I certify that I am an authorized representative of the above-named Applicant, that I have read the Policy and Licensing Procedures for the Auction of the 24 and 38 GHz Frequency Bands document and understand the policies and rules specified therein, and that the foregoing certifications and all matters and things stated in this Application and attachments are true and correct.

SIGNED this space to insert number of day day of space to insert month , 1999

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Signature of Applicant or
Individual Authorized to
Sign for the Applicant
Typed/Printed Name of Person
Title of Person
Telephone No.

(   )
email Address
Fax No.

(   )
Mailing Address

Checklist for Attachments:

Did you remember to complete and enclose each of the following documents?

 
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Information on ownership as requested in section 6 of this form
 
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Annex A – Tier 3 Areas Overlap (if an ILEC and/or an affiliate)
 
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Annex D – Designated Bidders
 
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Deed of Acknowledgment
 
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Pre-auction deposit in the form of an irrevocable standby letter of credit

Important Note:

It is in the interest of Applicants to seek independent legal, financial and engineering advice before deciding to participate in this auction. Furthermore, Applicants are urged to familiarize themselves with the provisions contained in the following documents:

  • the Radiocommunication Act;
  • the Radiocommunication Regulations;
  • the Framework for Spectrum Auctions in Canada;
  • Canadian Ownership and Control (CPC-2-0-15);
  • the Telecommunications Act;
  • the Canadian Telecommunications Common Carrier Ownership and Control Regulations; and
  • the Competition Act (see, in particular, sections 45 (Conspiracy) and 47 (Bid-rigging)).

The department reserves the right to request additional information on the present application.

This form, the Deed of Acknowledgement, any other associated documents that may be required (as per the instructions provided on the various forms), and the accompanying financial deposit—which must be an irrevocable standby letter of credit in a form acceptable to the department (see section 9 of this form)—must be physically delivered to the:

Manager, Wireless Networks
Radiocommunications and Broadcasting Regulatory Branch
Industry Canada
Room 1522A, 300 Slater Street
Ottawa, Ontario
K1A 0C8

by 5:00 p.m., Eastern daylight time (EDT), August 6, 1999. Application materials (forms, documents and/or financial deposits) received after this deadline will not be accepted.

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