These conditions are established in accordance with the 2500 MHz Multipoint Communications Systems Policy and Licensing Procedures (hereafter referred to as the MCS policy), issued by the Department in June 1999, and the decisions announced in DGSO-001-10 - Decisions on the Transition to Broadband Radio Service (BRS) in the Band 2500 2690 MHz and Consultation on Changes Related to the Band Plan.
1. Licence Term
This licence will expire on the date indicated above. During the term of the licence, the terms and conditions are subject to change to align with decisions made by the Minister following consultation processes concerning this band. The licensee must pay the annual licence fee before March 31 of each year for the subsequent year (April 1 to March 31).
2. Licence Transferability and Divisibility
This licence is not transferable or divisible.
3. Eligibility
The licensee must comply on an ongoing basis with the applicable eligibility criteria in subsection 9(1) of the Radiocommunication Regulations. The licensee must notify the Minister of any change that would have a material effect on its eligibility before any proposed transactions known to the licensee.
4. Displacement of Incumbents
The licensee must comply with existing and future transition policies related to the displacement of fixed systems, as may be issued.
5. Services
The licensee is restricted to the provision of fixed services as defined in section 2 of the Radiocommunication Regulations.
The licensee, its affiliates, or any third party that has an arrangement with the licensee to use the spectrum specified in this licence is prohibited from selling or marketing any service intended to be used by subscriber terminals while in motion. Services that use technologies that equal or exceed the mobile capabilities of technologies, such as 802.16e, are not permitted under the fixed service.
The licensee must include wording in all client service contracts to the effect that operation while in motion is not supported.
6. Radio Station Installations
The licensee must comply with Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time.
7. Provision of Technical Information
When Industry Canada requests technical information on a particular station or network, the information must be provided by the licensee according to the definitions, criteria, frenquency, and timelines specified by the Department. For more information, refer to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
8. Compliance with Legislation, Regulations and other Obligations
The licensee is subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations and the International Telecommunication Union's Radio Regulations pertaining to its licensed radio frequency bands. This licence is issued on condition that the certifications made in relation to the licence are all true and complete in every respect. The licensee must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the spectrum policy applicable to this band.
9. Technical Considerations
The licensee must comply on an ongoing basis with all relevant Radio Standards Specifications and Standard Radio System Plans, as amended from time to time.
10. International and Domestic Coordination
The licensee must comply with the current and future agreements established with other countries. Although frequency assignments are not subject to site licensing, the licensee may be required to furnish all necessary technical data for each relevant site.
The licensee must use its best efforts to enter into mutually acceptable sharing agreements with other parties, which will facilitate the reasonable and timely development of their respective systems, where applicable, and to coordinate with other licensed users in Canada and internationally, where applicable.
11. Lawful Interception
A licensee operating as a radiocommunication carrier and using this spectrum for circuit-switched voice telephony systems must, from the inception of service, provide for and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications. These standards may be amended from time to time.
The licensee may request the Minister of Industry to forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with Public Safety Canada, may exercise the power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirement is not reasonably achievable. Requests for forbearance must include specific details and dates indicating when compliance to the requirement can be expected.
12. Mandatory Antenna Tower and Site Sharing
A licensee operating as a radiocommunication carrier must comply with the mandatory antenna tower and site sharing requirements set out in Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.
13. Annual Reporting
The licensee must submit an annual report for each year of the licence term, including the following information:
- a statement indicating continued compliance with all conditions of licence;
- an update on the implementation and spectrum usage within the area covered by the licence;
- a copy of any existing corporate annual report for the licensee's fiscal year with respect to the authorization.
All reports and statements are to be certified by an officer of the company and submitted, in writing, within 120 days of the licensee's fiscal year end, to the address below. Where a licensee holds multiple licences, the reports should be broken down by service area. Confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.
Industry Canada
Manager, Emerging Networks
Spectrum Management and Operations Branch
235 Queen Street (JETN, 15th floor)
Ottawa, Ontario
K1A 0H5.
Last revision date: March 09, 2011.