Gogo Connectivity Ltd. — Conditions of Licence to Provide Aeronautical Mobile Satellite Services in Canada

Posted on Industry Canada website: May 2, 2014

1. Eligibility

Gogo Connectivity Ltd. (Gogo) shall conform with the eligibility criteria as set out in section 10.1 (3)(b) 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 licences.

3. Laws, Regulations, and Other Obligations

  • a) Gogo is subject to and shall comply with the International Telecommunication Union (ITU) Radio Regulations, the Canadian Radiocommunication Act, Radiocommunication Regulations, and Canada’s spectrum policies pertaining to its authorized radio frequency bands and satellite orbital positions.
  • b) The operation of the facilities and services being provided shall be in conformity with relevant Canadian laws and regulations.
  • c) Gogo shall 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

Gogo shall 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

Gogo shall invest a minimum of 2 percent of their adjusted gross revenues resulting from the provision of mobile satellite services on satellite-related research and development activities. This investment may be averaged over a 5 year period, with the first averaging period beginning with the commencement of subscriber earth station operations.

Eligible research and development is that which meets the definition adopted by the Canada Customs and Revenue Agency. Adjusted gross revenues are defined as total service revenues less intercarrier payments, bad debts, third party commissions and provincial and goods and services taxes collected.

Licensees with less than $5 million in annual gross operating revenues are exempt from research and development expenditure requirements, except where they have affiliations with licensees that hold other licences with the research and development condition of licence and where the total annual gross revenues of the affiliated licensees are greater than $5 million.

6. Lawful Interception

  • a) Gogo shall 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) Gogo 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

8. Operational Frequency Requirements

  • a) Subscriber earth station operations shall respect all technical and operational requirements outlined in the International Telecommunication Union's Recommendation ITU-R M.1643. Furthermore, the aggregate EIRP spectral density in the direction of the GSO arc emitted by all the Earth stations onboard aircraft 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
Θ > 48 -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 < 7.5 - 25 log Θ dBW
7 ≤Θ < 9.2 -16 dBW

  • b) Subscriber radio equipment shall meet all applicable Canadian radio equipment standards to be developed by Industry Canada and be certified for use in Canada.
  • c) 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.
  • d) 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.
  • e) 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.
  • f) Authority to operate subscriber earth stations using the 12.2-12.7 GHz and 12.7-12.75 GHz bands is approved on a no-protection basis.
  • g) Should the operation of a licensed station cause interference, Gogo shall immediately take steps to mitigate the interference, including, if necessary, complete cessation of operation of all licensed stations.

9. Annual Reporting

Gogo shall submit an annual report for each year of operation indicating continued compliance with these conditions, including:

  • - an update on the implementation of the aeronautical mobile satellite service, including the growth of services provided;
  • - an update on the satellites used in the provision of this service, the spectrum used, and the number of subscriber stations expected to be operating in Canada for the following year;
  • - a statement of gross operating revenues and, where applicable, under condition 5 above a statement of adjusted gross revenues, and an audited statement of research and development expenditures;
  • - a copy of any existing corporate annual report for your fiscal year with respect to this authorization.

These reports are to be submitted in writing within 120 days of your fiscal year end to the Manager, Satellite Authorization Policy, Directorate — Space Services, Engineering, Planning and Standards Branch.

10. Licence Fees

  • a) Gogo shall obtain the necessary radio licences prior to installing or operating any mobile earth station onboard aircraft in Canada.
  • b) Gogo shall pay the applicable annual licence fees on or before March 31st of each year.
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