Transfer of Spectrum Licences Held by 4253311 Canada Inc. (NextWave) to TELUS Communications Company (TELUS)

Transfer Decision

Application

1. On October 6, 2014, Industry Canada received an application for a Transfer of two (2) Wireless Communications Services (WCS) spectrum licences from NextWave to TELUS in Montréal and Québec. These licences are described in Annex A.

2. The application was reviewed under the relevant provisions of CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services.

3. The capitalized terms not defined in this decision have the meaning set out in CPC-2-1-23.

Decision

4. The Transfer of the Licences from NextWave to TELUS is approved.

Rationale

5. The application was assessed against the policy objectives and the criteria set out in Section 5.6 of CPC-2-1-23.

6. Industry Canada notes that the importance of the WCS band as commercial mobile spectrum will increase as the ecosystem for advanced LTE services is expected to emerge in the next few years.  It is also important that existing and future competitorshave access to sufficient spectrum in critical markets.

7. The Transfer represents an increase in overall spectrum concentration of the incumbents in the licence areas under review.  However, in the areas under consideration, non-incumbents are able to offer services through their own spectrum holdings and have access to additional capacity to provide services.

8. Accordingly, the Department has determined that the Transfer of the licences would not significantly impact the ability of existing and future competitors to provide service in the relevant areas.

Annex A

Spectrum Licences to be Transferred from NextWave to TELUS Communications Company
Tier Service Area Name Licence Number Frequency Block Expiry Date
4-030 Québec 4981427 BLOCK W 23/11/2014
4-051 Montréal 4989491 BLOCK W 07/04/2015
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