Transfer of Spectrum Licences Held by Rogers Communications Partnership to WIND Mobile Corp.; Transfer of Spectrum Licences Held by Data and Audio-Visual Enterprises Wireless Inc. to Rogers Communications Partnership and to WIND Mobile Corp.; Transfer of a Subdivision of a Licence Held by WIND Mobile Corp. to Rogers Communications Partnership; Subordinate Licence Application for Spectrum Licences Held by WIND Mobile Corp. to Rogers Communications Partnership

Posted on Industry Canada website: June 24, 2015

Transfer Decision

Application

1. On June 23, 2015, Rogers Communications Partnership (Rogers), Data & Audio-Visual Enterprises Wireless Inc. (Mobilicity) and WIND Mobile Corp. (WIND) submitted applications to Industry Canada for the approval of an integrated series of Transfers of 27 Spectrum Licences in the Advanced Wireless Service (AWS-1) band and the issuance of Subordinate Licences for 10 of these Licences. These Licences are described in Annex A. This decision relates to all the relevant Applications.

2. The Applicants requested: (i) the Deemed Transfer of Mobilicity's AWS-1 spectrum Licences to Rogers; (ii) the Transfer of 16 AWS-1 spectrum Licences from Rogers to WIND; (iii) the Transfer of all of Mobilicity's former AWS-1 spectrum Licences from Rogers to WIND; (iv) the Transfer of a portion (10 MHz) of the AWS-1 spectrum licensed to WIND in B block in Southern Ontario from WIND to Rogers; and (v) the issuance of Subordinate Licences to Rogers from WIND for all of Mobilicity's former AWS-1 Spectrum Licences, for a period ending December 29, 2015.

3. The Applications were reviewed under the relevant provisions of Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services.

4. Capitalized terms not defined in this Decision have the meaning set out in CPC-2-1-23.

Decision

5. The integrated series of Licence Transfers and Subordinate Licences, described above are approved.

Rationale

6. The Applications were assessed against the policy objectives and criteria set out in Section 5.6 of CPC-2-1-23.

7. Industry Canada notes that the recent spectrum assignments in the 700 MHz, AWS-3, AWS-4 and 2500 MHz bands have provided all current and potential wireless service providers with multiple opportunities to access additional spectrum licences in the affected licence areas to meet their spectrum needs and have had a notable effect on the landscape of spectrum holdings in these areas.

8. The Department also notes that the requested Licence Transfers involve some spectrum that is currently not being used to provide services and will provide an opportunity to Rogers and WIND to put such spectrum to use for the benefit of Canadians.

9. The short-term Subordinate Licences allow the continued operation of the Mobilicity network for a transition period in order to assist in serving existing Mobilicity customers.

10. The integrated series of Licence Transfers and Subordinate Licences will not significantly impact the overall spectrum concentration in the affected licence areas.

11. The Department has determined that the requested Licence Transfers and Subordinate Licences will not impact the ability of existing and future competitors to provide services in the affected licence areas.




Annex A

Licences to be Transferred From Rogers to WIND
Licence NumberExpiry DateFrequency Range
(MHz)
Geographic Area
5139215September 1, 20191730-1735 MHz
2130–2135 MHz
Tier 2-10
Manitoba
5139216September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-35
Sault Ste. Marie
5139217September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-38
Thunder Bay
5139218September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-41
Regina
5139219September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-42
Moose Jaw
5139220September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-43
Saskatoon
5139221September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-45
Medicine Hat/Brooks
5139222September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-46
Lethbridge
5139223September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-50
Kootenays
5139224September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-51
Okanagan/Columbia
5139225September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-54
Nanaimo
5139226September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-55
Courtenay
5139227September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-56
Thompson/Cariboo
5139228September 1, 20191735-1740 MHz
2135–2140 MHz
Tier 3-57
Prince George
5139229September 1, 20191740-1745 MHz
2140–2145 MHz
Tier 3-39
Winnipeg
5139230September 1, 20191740-1745 MHz
2140–2145 MHz
Tier 3-40
Brandon

Licences to be Transferred From Mobilicity to Rogers and Then to WIND and Where Subordinate Licences Will Be Granted to Rogers Until December 29, 2015
Licence Number Expiry Date Frequency Range
(MHz)
Geographic Area
5078367 February 10, 2019 1730-1735 MHz
2130–2135 MHz
Tier 2-08
Southern Ontario
5078366 February 10, 2019 1730-1735 MHz
2130–2135 MHz
Tier 2-06
Eastern Ontario & Outaouais
5078374 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-52
Vancouver
5078375 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-53
Victoria
5078371 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-44
Edmonton
5078372 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-47
Calgary
5078373 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-48
Red Deer
5078368 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-27
Guelph/Kitchener
5078369 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-29
Niagara/St. Catharines
5078370 February 10, 2019 1735-1740 MHz
2135–2140 MHz
Tier 3-32
Windsor/Leamington

WIND Licences to Be Divided With Partial Transfer From WIND to Rogers
Licence Number Expiry Date Frequency Range
(MHz)
Geographic Area
5079769 March 12, 2019 1720-1725 MHz
2120–2125 MHz
Tier 2-08
Southern Ontario
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