Consultation on the Utilization of the Bands 18.8-19.3 GHz and 28.6-29.1 GHz, and the Bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.25 GHz by the Fixed-Satellite Service

October 2018
SMSE-016-18

5.4 FSS use of the bands 18.8-19.3 GHz and 28.6-29.1 GHz

5.4.1 Status of GSO networks and NGSO systems in the FSS

25. As stated in SAB-003-10, a number of satellite entities expressed interest to ISED in gaining access to the bands 18.8-19.3 GHz and 28.6-29.1 GHz for the deployment of GSO FSS networks. In the past few years, ISED has also authorized NGSO FSS operations in these bands. As there are now NGSO systems and GSO networks authorized in these bands on a non-standard basis, ISED is of the view that a spectrum utilization policy is needed to address the regulatory status of both types of systems. Moreover, such a policy would allow the establishment of a licensing and technical framework for future deployments.

26. Given the emergence of NGSO FSS systems, the international regulatory framework, recent U.S. decisions, and current authorizations for both GSO networks and NGSO systems, ISED did not consider the option of making GSO networks primary and NGSO systems secondary. Rather, ISED evaluated the following two options:

1. co-primary status for GSO networks and NGSO systems in the FSS; or
2. primary status for NGSO systems and secondary status for GSO networks in the FSS.

27. Option 1, giving equal status to GSO networks and NGSO systems in the FSS, would align with Canada’s current practice. Although not standard at this time, both GSO networks and NGSO systems in the FSS have been authorized on an equal basis in the bands 18.8-19.3 GHz and 28.6-29.1 GHz. Option 1 would provide business continuity to the numerous systems that have been authorized to date. Moreover, allowing both NGSO systems and GSO networks in the FSS to function on an equal basis would increase the potential for new and innovative communication services in rural and remote areas that have been underserved by terrestrial networks, thereby benefiting Canadians living in these areas. This approach is also consistent with the SPFC, which promotes harmonizing spectrum use with international allocations and rules when appropriate.

28. Harmonizing spectrum use with current U.S. rules, option 2, would give NGSO systems primary status and GSO networks secondary status in these bands. This option would provide NGSO FSS systems dedicated bands where they would have operational priority over GSO FSS networks. Such an approach is consistent with ISED’s long-standing recognition of the importance of aligning spectrum use regionally, particularly for satellite services, but is not viewed as a significant factor in this case. While regional alignment may facilitate coordination for GSO FSS networks, this is not as beneficial for NGSO FSS systems, which are global in nature.

29. Option 2 would give secondary status to current GSO licensees in these bands, creating uncertainty for GSO FSS networks currently being planned or deployed, as they would no longer be able to claim protection from interference.

30. Having analyzed both options, ISED is proposing to give co-primary status to GSO networks and NGSO systems in the FSS in the bands 18.8-19.3 GHz and 28.6-29.1 GHz (option 1). ISED has already issued many authorizations for the operation of satellites, gateway stations, and subscriber terminals. Giving these operations co-primary status would provide business continuity to existing licensees in these bands, whereas option 2 would be disruptive to licensees’ plans and service offerings. ISED notes that both GSO and NGSO satellite operators are implementing new communications technologies in FSS bands that will benefit Canadians living in rural and remote areas; allowing both types of systems to operate on a co-primary basis will further support the provision of such services.

31. ISED notes that regardless of the approach taken domestically, Canadian licensees would still be required to coordinate their GSO networks and NGSO systems with those of other administrations.

32. Proposed changes to the CTFA to reflect co-primary status for both types of FSS systems are shown in section 9.2.

5.4.2 Status of incumbent FSS licensees

33. ISED has implemented a first-come, first-served licensing policy to process applications from prospective satellite operators that are ready to use the spectrum at the requested GSO orbital positions or NGSO orbits. This policy and the bands to which it applies are laid out in RP-008.

34. Should the proposal in question 1 be adopted, the conditions of licence for existing non-standard authorizations will be amended to remove references to operation on a no-interference, no-protection basis, and references to licensees being subject to future policy changes. The dates of the original authorizations will be used as the basis for continued domestic coordination for the amended licences. For foreign systems authorized for use in Canada, coordination would be based on standard international practices. Essentially, this would mean no change from the existing status of licensees or approved systems, which would provide business continuity for FSS providers.

5.4.3 Domestic coordination

35. GSO operators have many years’ experience in coordinating their networks, which has led to established coordination practices. Since NGSO systems must protect GSO networks in other portions of the Ka band, technical criteria have been established and are well understood by NGSO operators.

36. As acknowledged in the Consultation on the Licensing Framework for Non-Geostationary Satellite Orbit (NGSO) Systems and Clarification of Application Procedures for All Satellite Licence Applications (NGSO Consultation), there is currently a lack of established coordination practices and experience in coordination between NGSO systems. This is also the case for coordination between co-primary GSO networks and NGSO systems.

37. In recognition of the uncertain coordination environment between NGSO systems, the NGSO Consultation sought stakeholder views on two possible mandatory mechanisms that could be implemented in the event of unsuccessful domestic coordination between NGSO systems:

1. the imposition of spectrum sharing during in-line interference events, which occur when an NGSO satellite is directly between an earth station and another NGSO satellite; and
2. the mandated use of a third-party dispute resolution process.

38. In the Decisions on the Licensing Framework for Non-Geostationary Satellite Orbit (NGSO) Systems and Clarification of Application Procedures for All Satellite Licence Applications (NGSO Decisions), ISED decided not to pursue mandated third-party dispute resolution given limited support from stakeholders. ISED also deferred a decision on mandatory spectrum sharing during in-line events because, at the time of publishing the NGSO Decisions, spectrum sharing between NGSO systems was the subject of an on-going consultation in the United States.

39. The FCC has since concluded in its Report and Order and Further Notice of Proposed Rulemaking (R&O/FNPRM), Updating Rules for Non-Geostationary-Satellite Orbit Fixed-Satellite Service Constellations, that the status of GSO operations in the bands is secondary and that GSO networks are not entitled to protection from interference caused by NGSO systems. In other words, GSO networks must protect NGSO systems. The R&O/FNPRM also updated the rules governing spectrum sharing between NGSO systems. In the absence of coordination agreements, NGSO FSS systems will now be required to divide their commonly authorized spectrum when the change in system noise temperature caused by interference, or T/T, equals 6%. The FCC expects that operators will negotiate coordination agreements in good faith to maximize the use of spectrum and avoid triggering the default sharing mechanism.

40. ISED takes note of the FCC’s decisions governing sharing between NGSO systems in the absence of coordination agreements, but is not currently planning to implement mandatory spectrum sharing measures in the event of coordination disputes, either between NGSO systems or between NGSO systems and GSO networks.

41. While coordination between co-primary GSO networks and NGSO systems may be more complex, ISED notes that GSO networks can implement some technical measures such as off-axis e.i.r.p limits to improve the sharing environment in the bands 18.8-19.3GHz and 28.6-29.1 GHz and reduce the coordination burden on NGSO systems. Similarly, NGSO systems can implement mitigation measures such as earth-station site diversity and orbital avoidance angles to improve the sharing environment between different NGSO systems operating co-frequency.

42. ISED will continue to apply the ITU’s general coordination practices to domestic coordination as outlined in the NGSO Decisions, using the domestic authorization date to establish the date of regulatory precedence as per departmental practice. ISED expects both GSO and NGSO operators to negotiate in good faith to accommodate each other’s operations. ISED will also continue to work through the ITU process to identify and develop best practices for coordination between GSO networks and NGSO systems.

43. All satellite licensees have conditions of licence that require licensees to undertake coordination activities, state that ISED may impose the implementation of mitigation techniques, and require the licensee to comply with all measures imposed by the Department. Those measures include, but are not limited to, spectrum sharing and frequency segmentation. ISED is of the view that, at this time, this existing domestic coordination approach is sufficient to address coordination disputes without the need to specify mandatory measures. Given the increasingly complex coordination environment and the number of new operators, ISED will be publishing additional information on its domestic coordination approach.

5.5 Other considerations

5.5.1 FS use of the bands 18.8-19.3 GHz and 28.6-29.1 GHz

44. As discussed above, the SP 3-30 GHz policy published in 2004 included a moratorium on the licensing of new FS systems in the bands 18.8-19.3 GHz and 28.6-29.1 GHz until there was a better definition of the kinds of fixed services that could be implemented with minimal constraints on the FSS. At that time, there were a number of FS systems authorized via annual radio licences operating in the 18.8-19.3 GHz band, but there were no FS licensees in the 28.6-29.1 GHz band. Modifications to existing FS systems that did not increase the potential for interference to the FSS were authorized on a case-by-case basis in the 18.8-19.3 GHz band.

45. FS systems operating in the 18.8-19.3 GHz band were subject to a set of transition provisions, which are outlined in the SP 3-30 GHz policy. No transition policy was implemented for the 28.6-29.1 GHz band as there were no FS licensees at that time.

46. From 2004 to 2014, both FSS and FS systems operated on a co-primary basis. Since 2014, licensed FS systems operate in the 18.8-19.3 GHz band on a no-interference basis with respect to FSS systems. There have been no requests from FSS licensees to displace FS stations. However, FSS systems have only been lightly deployed in these bands to date, and more systems are being implemented to meet the increasing demand for mobile and fixed broadband data services in rural and remote areas.

47. Footnote 5.516B of the Radio Regulations identifies the bands 18.8-19.3 GHz and 28.6-29.1 GHz for high-density FSS deployments. Canada adopted this footnote in the CTFA in 2005. Further, ISED has licensed subscriber terminals to operate ubiquitously under an authorization and licensees are not required to notify ISED of the location of individual terminals, unless specifically requested to do so. As the ubiquitous deployment of FSS terminals increases, coordination with individual FS radio stations becomes less feasible.

48. ISED is maintaining the existing SP 3-30 GHz policy with respect to FS systems in the bands 18.8-19.3 GHz and 28.6-29.1 GHz, as it continues to be relevant.

5.5.2 Revisions to the Canadian Table of Frequency Allocations

49. ISED is proposing to update the status of the FS allocation to the fixed service from primary to secondary in the CTFA, as per existing policy.

50. ISED is also proposing to reflect the implementation of a new spectrum utilization policy in the bands by modifying footnotes C16E and C16F, as shown in table 8 and the text that follows. Modifications are shown by begin deletionstrikethroughsend deletion (for deletions) and begin insertunderlinesend insert (for additions).

MOD
C16E (CAN-18) In the frequency band 18.3-begin deletion19.3end deletion begin insert18.8end insert GHz, the use of this band by the fixed-satellite service has priority over the use by the fixed service. Use of this band by the fixed service in shall be limited to applications that pose minimal constraints on the deployment of fixed-satellite services. begin deletionDomestic implementation of fixed-satellite services in the band 18.8-19.3 GHz will be governed by spectrum utilization policies to be developed. These policies will take regional developments into consideration in the designation and authorization of spectrum for particular systems and technologies.end deletion begin insertThe band 18.8-19.3 GHz is designated for use by both GSO networks and NGSO systems in the FSS on a co-primary basis.end insert

MOD
C16F (CAN-18) In the frequency bands 28.35-begin deletion29.1end deletion begin insert28.6end insert GHz and 29.25-29.5 GHz, the use of these bands by the fixed-satellite service has priority over the use by the fixed service. Use of these bands by the fixed service shall be limited to applications that pose minimal constraints on the deployment of fixed-satellite services. begin deletionDomestic implementation of fixed-satellite services in the band 28.6-29.1 GHz will be governed by spectrum utilization policies to be developed. These policies will take regional developments into consideration in the designation and authorization of spectrum for particular systems and technologies.end deletion begin insertThe band 28.6-29.1 GHz is designated for use by both GSO networks and NGSO systems in the FSS on a co-primary basis.end insert

5.5.3 Technical rules

51. As radio technologies change, ISED may develop technical rules, as appropriate, to facilitate sharing of the bands by current and future authorized users. These rules would be developed in consultation with stakeholders, including the Radio Advisory Board of Canada, at a later date.

6. Changes to the spectrum utilization policy for the use of the bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.25 GHz

6.1 Context: Review of certain footnotes limiting the use by the FSS to feeder links for other services

52. In April 2018, ISED received a request from Ciel Satellite Limited Partnership on behalf of itself and its affiliates (collectively “the Companies”), seeking changes to certain footnotes in the CTFA related to the use of the bands 17.3-17.7 GHz (Earth-to-space/space-to-Earth), 19.3-19.7 GHz (space-to-Earth), and 29.1-29.25 GHz (Earth-to-space) to facilitate the operation of gateway earth station facilities for the FSS in these bands. The footnotes currently limit the use of these bands by the FSS to feeder links for either the broadcasting-satellite service (BSS) or the mobile-satellite service (MSS), depending on the band.

53. The spectrum policies governing the bands 17.3-17.7 GHz, 19.3-19.7 GHz, and 29.1-29.25 GHz were last revised in 2004 when the Department published SP 3-30 GHz. Since then, the services and applications traditionally delivered under the FSS, BSS and MSS allocations have increasingly converged. For instance, Internet-based video services are displacing traditional broadcasting services, while earth stations in motion (ESIMs) communicating with FSS networks are being deployed to meet growing demand for ubiquitous broadband services in the mobility market. As such, ISED believes that there is merit in revisiting Canadian footnotes in these bands that restrict use to a particular satellite service in order to provide greater flexibility and maximize the use of the spectrum in these bands.

6.2 Allocations and utilization

6.2.1 International

54. The 17.3-17.7 GHz band is allocated to the FSS (Earth-to-space) and the BSS on a co-primary basis, as well as to the radiolocation service on a secondary basis, as shown in table 9. Footnote 5.516 further limits the use of the band by the FSS to GSO satellite networks and to feeder links for the BSS. Footnote 5.515 specifies that sharing between the FSS and BSS is governed by appendix 30A, annex 4, paragraph 1 of the Radio Regulations, which requires coordination between transmitting space stations in the FSS or the BSS and receiving space stations in the BSS when the change in system noise temperature due to interference, T_s/T_s, exceeds the threshold value of 6%.

55. The 19.3-19.7 GHz band is allocated to the fixed, fixed-satellite (Earth-to-space) (space-to-Earth) and the mobile services on a co-primary basis as shown in tables 10 and 11. The 29.1-29.5 GHz band is allocated to the fixed, fixed-satellite (Earth-to-space) and mobile services on a co-primary basis. The 29.1-29.5 GHz band is also allocated to the Earth exploration-satellite service on a secondary basis. Footnote 5.540 provides an additional allocation to the FSS (space-to-Earth) in the 27.501-29.999 GHz band on a secondary basis for beacon transmissions intended for uplink power control.

56. In the 19.3-19.7 GHz (Earth-to-space) band, footnote 5.523B limits the use by the FSS to feeder links for NGSO satellite systems in the MSS, and coordination under No. 9.11A applies. No limitations apply to GSO networks in the 19.3-19.6 GHz band operating in the space-to-Earth direction. As per footnote 5.535A, the use of the 29.1-29.5 GHz (Earth-to-space) band by the FSS is limited to GSO networks and to feeder links for NGSO MSS systems. Footnotes 5.523C, 5.523D, 5.523E and 5.539 further specify the conditions under which RR provision No. 22.2 applies to NGSO FSS systems in portions of the bands 19.3-19.7 GHz and 29.1-29.5 GHz. Provision No. 22.2 requires NGSO systems to operate on a no-interference, no-protection basis with respect to GSO systems in the FSS and BSS.

6.2.2 Canada

57. Table 12 is an excerpt from the CTFA that provides the allocations and footnotes for the bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.5 GHz. In addition to the international footnotes discussed above, Canadian footnote C43 stipulates that FSS use in the 17.3-17.7 GHz band is limited to feeder links for the BSS operating in the 12.2-12.7 GHz band. Similarly, Canadian footnotes C46A and C48 limit the FSS use of the bands 19.3-19.7 GHz and 29.1-29.25 GHz to feeder links for MSS systems.

58. In the bands 19.3-19.7 GHz and 29.1-29.25 GHz, Canadian footnotes C16D and C16G give priority to the FS over the FSS, limiting the use by the FSS to applications that pose minimal constraints on the deployment of the FS. In the 29.25-29.5 GHz band, Canadian footnote C16F gives priority to the FSS over the FS.

6.2.3 Use of the bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.25 GHz

59. In the 17.3-17.7 GHz band, there is currently limited BSS use in Canada, with six authorized satellites, detailed in annex C. The development of the Direct Broadcast Satellite (DBS) Service in the reverse band 17.7-17.8 GHz has not progressed as originally anticipated, with equipment not yet widely available. Continued development is uncertain, particularly since market analysis and industry predictions indicate that traditional broadcasting in general will continue to decline as customers switch to Internet-based video services.

60. The Companies have requested the adoption of a new footnote to permit FSS (space-to-Earth) use in the 17.3-17.7 GHz band, not limited to feeder links for BSS, under the condition that such FSS use not cause more interference, or require more protection from interference, than BSS transmissions in this band. This approach is similar to what is permitted in the 12.2-12.7 GHz band through footnote 5.492. Even though some level of BSS will remain, ISED is of the view that GSO FSS (space-to-Earth) operations under these conditions would be feasible with sufficient orbital spacing and geographical separation between FSS receiving earth stations and transmitting BSS feeder link earth stations.

61. In the bands 19.3-19.7 GHz and 29.1-29.25 GHz, there is currently limited use in Canada, as shown in annex D. In the 2004 policy SP 3-30 GHz, the Department proposed and later adopted footnotes C46A and C48, limiting FSS use in the bands 19.3-19.7 GHz and 29.1-29.25 GHz to feeder links for MSS given the priority designation to the fixed service for these bands and the importance of aligning satellite spectrum use within the North American marketplace and the Americas. In particular, SP 3-30 GHz noted that the United States had recently adopted a similar footnote. To date, only Iridium, Inmarsat and Telesat have deployed earth stations in the bands subject to Canadian footnotes C46A and C48.

62. In their request to ISED, the Companies argue that these Canadian footnotes are at odds with ITU rules stipulated in footnotes 5.523D and 5.535A, which also permit GSO FSS use. The Companies have requested that footnotes C46A and C48 be deleted or modified to align with these international footnotes. The Companies note that the use of MSS in these bands is currently limited, and that potential FSS GSO gateway sites could be carefully coordinated to ensure that the MSS use is protected. ISED is of the view that these bands could be used by GSO FSS networks for low-density applications such as gateways and feeder links without constraining other services in the bands.

6.3 Revisions to the Canadian Table of Frequency Allocations

63. In the CTFA, C43, C46A and C48 are the only three Canadian footnotes that limit the use of FSS exclusively to feeder links for other services. In the bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.25 GHz, to which these footnotes apply, there are only six licensees, each with a small number of earth stations. Annex D provides the list of licensees.

64. Therefore, ISED proposes to allow use of the 17.3-17.7 GHz band by the FSS (space-to-Earth) and to add the new footnote C43A accordingly. It is noted that any Canadian authorizations for use of this band by the FSS (space-to-Earth) would be considered in derogation of the international table of frequency allocations as there is no such allocation in the ITU’s Radio Regulations. As a result, such use would be subject to RR provision 4.4, i.e. the condition to operate on a no-harmful interference, no-protection basis with respect to any frequency assignments used in accordance with the RR. ISED also proposes to modify footnotes C46A and C48, noting that all other footnotes would continue to apply to limit the use of the bands 19.3-19.7 GHz and 29.1-29.25 GHz by GSO FSS networks for low density deployments of earth stations.

65. New FSS systems to be authorized in these three bands would be subject to RP-008, which would be modified to include these bands. As per RP-008, applications would be considered on a first-come, first-served basis and authorizations would be subject to obligations, such as satellite coordination with potentially affected Canadian satellites and terrestrial networks prior to launch.

66. ISED proposes the following changes to the CTFA:

ADD C43A Assignments to stations in the broadcasting-satellite service in the frequency band 17.3-17.7 GHz may also be used for transmissions in the fixed-satellite service (space-to-Earth), provided that such transmissions do not cause more interference, or require more protection from interference, than the broadcasting-satellite service transmissions operating in conformity with the Radio Regulations. The use of these assignments by the fixed-satellite service (space-to-Earth) is limited to low density deployments of earth stations communicating with geostationary satellite systems.

C46A (CAN-18) begin insertMODend insert The use of the frequency band 19.3-19.7 GHz by the fixed-satellite service (space-to-Earth) is limited to begin insertlow density deployments of earth stations communicating with geostationary satellite systems and toend insert feeder links begin insertto non-geostationary satellite systems inend insert begin deletionforend deletion the mobile-satellite service.

C48 (CAN-18) begin insertMODend insert The use of the frequency band 29.1-29.25 GHz by the fixed-satellite service (Earth-to-space) is limited to begin insertlow-density deployments of earth stations communicating with geostationary satellite systems and toend insert feeder links begin insertto non-geostationary satellite systems inend insert begin deletionforend deletion the mobile-satellite service.

7. Next steps

67. ISED will review comments and publish a decision on the spectrum utilization policies for the bands discussed in this consultation. With respect to section 5, once a decision on a spectrum utilization policy is made, ISED will review the conditions of licence of licensees with approval to use the bands on a non-standard basis and, where appropriate, change those conditions to reflect standard use of the bands. ISED will also rescind SAB-003-10. With respect to section 6, once a decision on spectrum utilization policies is made, ISED will publish a revision to the CTFA.

8. Submitting comments

68. Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email.

69. Respondents are asked to specify question numbers for ease of referencing and to provide supporting rationale for each response.

70. Paper submissions can be mailed to:
Director
Space Services Planning
Innovation, Science and Economic Development Canada
235 Queen Street
Ottawa, Ontario K1A 0H5

71. All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-016-18). Parties should submit their comments no later than January 7, 2019 to ensure consideration. Soon after the close of the comment period, all comments received will be posted on ISED’s Spectrum Management and Telecommunications website.

72. ISED will provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until February 11, 2019.

73. All comments and reply comments will be published, so those making submissions are asked not to provide confidential or private information in their submissions.

74. Following the initial comment period, ISED may, at its discretion, request additional information to clarify significant positions or new proposals. Should additional information be requested, the reply comment deadline may be extended.

9. Obtaining copies

75. All spectrum-related documents referred to in this paper are available on ISED’s Spectrum Management and Telecommunications website.

76. For further information concerning the process outlined in this consultation or related matters, contact:

Innovation, Science and Economic Development Canada
c/o Director, Space Services Planning
235 Queen Street
Ottawa, Ontario K1A 0H5
Telephone: (343) 291-1920

Email: ic.spectrumengineering-genieduspectre.ic@canada.ca

Annex A—List of fixed stations transmitting in the 18.8-19.3 GHz band

Annex B—List of earth stations operating in the 18.8-19.3 GHz band

Annex C—List of satellites authorized in the 17.3-17.7 GHz band

Annex D—List of earth stations in the bands 17.3-17.7 GHz, 19.3-19.7 GHz and 29.1-29.25 GHz