CPC-2-6-01 — Procedure for the Submission of Applications for Spectrum Licences and Site Approvals for Earth Stations Requiring Site Approval

Issue 6
September 2023

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Contents
  1. 1. Intent
  2. 2. Mandate
  3. 3. Powers of the Minister
  4. 4. Licensing policy
  5. 5. Submitting applications
  6. 6. Assessment of applications, coordination, and issuance of licences and site approvals
  7. 7. Other licensing information
  8. 8. Post-authorization procedures
  9. 9. Fees
  10. 10. Service standards and remission policy
  11. 11. Related documents
  12. Annex A: Information required to license site-approved earth stations

Preface

Client Procedures Circular CPC-2-6-01, Procedure for the Submission of Applications for Spectrum Licences and Site Approvals for Earth Stations Requiring Site Approval, issue 6, replaces CPC-2-6-01, Procedure for the Submission of Applications to License Fixed Earth Stations and to Approve the Use of Foreign Satellites in Canada, issue 5 (provisional), dated April 10, 2015.

The 6th edition of this CPC was issued to incorporate changes to Innovation, Science and Economic Development Canada’s (ISED) licensing framework as outlined in SMSE-008-22, Decision on Updates to the Licensing and Fee Framework for Earth Stations and Space Stations in Canada. Other editorial revisions have also been made to remove the procedures regarding foreign satellite applications. The procedures regarding applications for foreign satellites are now found in CPC-2-6-04, Procedure for the Submission of Applications to Approve the Use of Foreign-Licensed Satellites in Canada.

Comments on this document may be directed to the following address:

 

Innovation, Science and Economic Development Canada
Spectrum Management Operations Branch
235 Queen St
Ottawa ON  K1A 0H5

 

Email: satelliteauthorization-autorisationsatellite@ised-isde.gc.ca

All ISED publications related to spectrum management and telecommunications are available on the Spectrum management and telecommunications website.

1. Intent

This Client Procedures Circular (CPC) describes the procedure to be used when submitting applications for:

  • spectrum licences for earth stations requiring site approval that are communicating with Canadian and foreign-licensed satellites
  • site approvals, which refers to the approval of individual earth stations associated with the spectrum licence

In the context of this document, the term “site” refers to the radio station and its associated antenna.

All inquiries concerning the licensing of site-approved earth stations should be addressed to the nearest district office of Innovation, Science and Economic Development Canada (ISED). A list of district offices is available in Radiocommunication Information Circular RIC-66, Addresses and Telephone Numbers of District Offices.

2. Mandate

The Minister of Innovation, Science and Industry (the Minister), through the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, with due regard to the objectives of the Telecommunications Act, is responsible for spectrum management in Canada.

3. Powers of the Minister

Section 5 of the Radiocommunication Act stipulates that the Minister may issue radio and spectrum licences, and fix terms and conditions of such licences in order to permit the operation of radio stations or the use of radio spectrum in Canada.

In accordance with section 19 of the Department of Industry Act, the Minister may fix fees in respect of the rights and privileges provided by a spectrum licence.

4. Licensing policy

ISED issues three types of spectrum licences associated with a satellite network, with each assigned a separate fee:

ISED also issues approvals for foreign-licensed satellites to operate in Canada (foreign satellite approval). See CPC-2-6-04, Procedure for the Submission of Applications to Approve the Use of Foreign-Licensed Satellites in Canada.

4.1 Types of earth stations requiring site-approved earth station spectrum licences

ISED will issue site-approved earth station spectrum licences for:

  • stations conducting telemetry, telecommand and control (TT&C) functions for associated satellite networks and systems (note that all earth stations conducting TT&C, even those that use bands allocated to the amateur radio service, must have a licence prior to operation)
  • gateway and feeder link stations for fixed-satellite services (FSS), broadcasting-satellite services (BSS) and mobile-satellite services (MSS)
  • landing stations used to backhaul telecommunications services within a community, where local distribution is done by terrestrial wired or wireless services
  • transportable stations that do not operate in accordance with the generic licensing criteria in annex D of SMSE-008-22, Decision on Updates to the Licensing and Fee Framework for Earth Stations and Space Stations in Canada
  • customer user terminals (consumer or business) operating in bands not eligible for generic earth station spectrum licences
  • any other earth stations operating in bands not eligible for generic earth station spectrum licences

4.2 Site-approved earth station spectrum licence

Prior to applying for a spectrum licence, the associated satellite(s) must have a Canadian satellite licence or foreign satellite approval. The associated satellite authorizations can be held by the applicant itself or by another entity, but if held by another entity, the applicant must have an agreement in place with the satellite operator(s) to communicate with the concerned satellite(s).

ISED requires that applicants obtain a site-approved earth station spectrum licence prior to a station being deployed and will issue a separate spectrum licence for each band listed below:

  • below or equal to 1 GHz
  • above 1 GHz and below or equal to 3.4 GHz
  • above 3.4 GHz and below or equal to 7.075 GHz
  • above 7.075 GHz and below or equal to 17.3 GHz
  • above 17.3 GHz and below or equal to 51.4 GHz
  • above 51.4 GHz

4.3 Site approvals

Before a site approval application can be submitted to ISED, a spectrum licence application must have been submitted and its processing status must be at or beyond the “Analysis in Progress” stage. However, site approvals cannot be granted until after the spectrum licence has been granted.

For each earth station, the applicant will be required to submit the station’s technical information to ISED for evaluation and must receive approval before the deployment and operation of that station.

Multiple site approvals can be granted under a single spectrum licence, with the fee being applied only to the spectrum licence, not to each individual site approval.

5. Submitting applications

Applications for site-approved earth station spectrum licences and earth station site approvals must be submitted using the online forms found on ISED’s Spectrum Management System. Applicants may also be required to attach various supporting documents as part of their application.

An application for a new site-approved earth station spectrum licence or for a site approval may be submitted only if the satellite(s) it intends to communicate with is already approved to provide services in Canada.

A complete application consists of all the information listed in annex A. The technical information submitted in a site approval application must be certified by a person licensed by a provincial association or order of engineers.

Applicants must consider ISED’s service standards as part of their implementation time frames (see section 10).

6. Assessment of applications, coordination, and issuance of licences and site approvals

This section provides details on the assessment of applications, coordination requirements, and issuance of licences and site approvals.

6.1 Assessment of applications

ISED will assess an application and provide one of the following responses:

  • Additional information required: The applicant will be advised of what information is required in order to continue the application process. The service standard will be paused until the information is received from the applicant.
  • Application authorized:
    • Applications for a spectrum licence: Applicants will receive a notification informing them of their application’s authorization. It will be followed by the issuance of an invoice. Upon payment, the spectrum licence will be granted.
    • Applications for site approvals: Applicants will be issued a site approval. No invoice will be generated.
  • Application denied without prejudice: Applicants will receive a notification informing them of their application’s rejection, followed by a separate email outlining the reason(s) for the rejection.

6.1.1 Assessment criteria for a spectrum licence

Applications for spectrum licences are assessed against the following criteria:

  • Eligibility: When applying for a new account, applicants must state how they are eligible to hold a radio authorization in Canada in accordance with section 9 of the Canadian Radiocommunication Regulations. If the applicant is a corporation, it must include the name, date, and jurisdiction of incorporation, as well as the incorporation number.
  • Spectrum allocation and utilization policies: Earth stations must comply with Canadian spectrum allocation and utilization policies. Applicants should consult the Canadian Table of Frequency Allocations and associated spectrum policy decisions for information on the allocations and utilization policies. In exceptional cases, ISED may consider on a case-by-case basis the use of frequency bands not allocated for the service requested by the applicant.
  • Use of approved satellite: All earth stations must communicate with a satellite that has been approved for use in Canada. A list of satellites that have been approved for the provision of fixed-satellite service (FSS) in Canada is available on ISED’s Authorized and Approved Canadian Satellites and List of foreign satellites approved for use in Canada web pages. For information on satellites not appearing on these lists, please contact the Manager, Satellite Authorization Policy, by email at satelliteauthorization-autorisationsatellite@ised-isde.gc.ca, or the closest ISED district office.

6.1.2 Assessment criteria for a site approval

Applications for site approvals are assessed against the following criteria:

Applicants must also comply with the procedures outlined in CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems. Among other requirements, the applicant must attest that the site will comply with the following:

  • Safety Code 6: Radio stations are installed and operated in a manner that complies with the limits of human exposure to radio frequency fields established by Health Canada in its Safety Code 6, Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz.
  • Land-use and public consultation: Prior to installation or modification of antenna structures, any required consultation has taken place. Applicants should have completed their public consultation and have their land-use approvals before submitting an application for a site approval. A site approval will not be granted without the land-use approval.
  • Environmental assessment: The installation and modification of radio stations are done in a manner that complies with the Impact Assessment Act.
  • Aeronautical safety: Applicants must ensure that their proposals for any antenna installation comply with Transport Canada and NAV CANADA requirements.

6.2 Coordination

There are two types of frequency coordination: domestic, which is undertaken by the applicant, and international, which is undertaken by ISED.

6.2.1 Domestic coordination

If domestic coordination is required, the applicant will be advised of the requirement and will be given a list of other licensees with whom to coordinate. Coordination is only required when the electromagnetic compatibility analysis reveals a potential interference to an existing station. Once the coordination is completed, the applicant must forward the results of the coordination to ISED. Should the technical parameters of the proposed station be modified as a result of the coordination, the applicant must submit the revised annex A information. If requested by ISED, the applicant must also provide any relevant technical information relating to the coordination.

In order to expedite the processing of an application, an applicant may wish to initiate domestic coordination of the proposed frequency assignment in advance of submitting an application.

In some frequency bands, specific coordination or coexistence rules may be in place. Applicants should consult all relevant departmental publications prior to submitting an application.

Existing licensees have an ongoing obligation to respond to domestic coordination requests within 30 calendar days from the date the request is issued; otherwise, ISED will consider the coordination as having been successful.

The 30-day period starts on the day the applicant can show proof that the coordination request was sent. This can even be before the application is submitted to ISED.

6.2.2 International coordination

If international coordination is required, ISED will initiate the process. If sufficient information is not available, or if the International Telecommunication Union (ITU) forms of notice need to be provided, the applicant will be advised. As international coordination can be a lengthy process, applicants are advised to submit their applications as far in advance as possible, but no earlier than two years prior to the in-service date.

6.3 Issuance of licence or site approval

When ISED finds an application to be acceptable, the spectrum licence(s) and/or site approval(s) will be issued immediately, and be made public in ISED’s Spectrum Management System. Spectrum licences will include the frequency range(s) and the satellite(s) with which the earth station(s) can communicate.

Spectrum licences are issued for a Canada-wide service area, including Canadian air space and waters where the Radiocommunication Act applies, and will be subject to the conditions of licence indicated in section 7.

The fee for the spectrum licence is applicable immediately and is a function of the total spectrum used by the individual earth stations operating under the authority of the spectrum licence. The applicant will receive a system-generated email informing them that the licence has been authorized and will also receive an invoice.

There are no additional fees associated with individual site approvals. The applicant will receive a system-generated email informing them that the site approval has been granted.

7. Other licensing information

This section contains additional licensing information regarding licence terms, temporary licences, developmental licences, and conditions of licence.

7.1 Licence terms

Other than temporary and developmental licences, all earth station spectrum licences expire on March 31 of each year and are renewable for 12-month periods.

7.2 Temporary licences

Temporary spectrum licences may be issued to applicants who will be operating earth stations for periods up to 11 consecutive months. These licences are non-renewable.

7.3 Developmental licences

Developmental licences may be issued to applicants in order to help them obtain time-limited access to spectrum for research and development, experimentation, or technology demonstration purposes only. Such licences must have neither pecuniary interest nor generate revenue and are issued on a no-interference, no-protection basis.

7.4 Conditions of licence

ISED will apply the general conditions of licence that are listed in N1 — Earth Stations Requiring Site Approval. Additional conditions of licence specific to frequencies or circumstances may also be added on a case-by-case basis.

Failure to comply with conditions of licence may result in the revocation of the licence.

8. Post-authorization procedures

This section describes various post-authorization procedures, including amendments to licences, cancellations of licences, amendments to site approvals, cancellations of site approvals, transfers of licences, and revocations of licences.

8.1 Amendment to an existing spectrum licence

Any changes to an existing spectrum licence require approval by ISED prior to implementation. Licensees are therefore required to submit an application to modify the existing licence.

An application to amend the spectrum licence is only required if the licence parameters no longer encompass the parameters of the site-approved earth station(s) operating under the authority of the spectrum licence.

If an amendment is requested to remove frequency ranges or change satellites, the applicant must ensure that no site approvals issued under the authority of the spectrum licence make use of those frequencies and satellites and continue to operate within the authorized frequency ranges, or amend the site approval(s) accordingly.

8.2 Cancellation of spectrum licence

A cancellation of a spectrum licence can be requested by the licensee. Site approvals issued under the authority of a spectrum licence are not cancelled automatically. The licensee must therefore also submit a cancellation request for each site approval (see section 8.4).

8.3 Amendment to site approval

Any changes to the operation of an existing earth station requires approval by ISED prior to implementation. Applicants are required to submit an application to modify the existing approval.

The modification must align with the parameters authorized by the spectrum licence the earth station is associated with. Should an applicant want to operate outside of the approved parameters, an amendment must first be made to the associated spectrum licence (see section 8.1).

8.4 Cancellation of site approval

A cancellation of a site approval can be requested by the licensee. The cancellation of all site approvals under a spectrum licence does not automatically cancel the spectrum licence. The licensee must therefore also submit a cancellation request for the spectrum licence (see section 8.2)

8.5 Transfer of licences

Licences may not be transferred or assigned without the authorization of the Minister as per condition 2 of N1 — Earth Stations Requiring Site Approval. Requests will be reviewed by ISED to ensure, among other things, that licensing requirements will be met by the new licensee, that the operating and technical parameters of the earth station(s) will remain unchanged, and that there will be no change in services to customers.

8.6 Revocation of licences

ISED will notify the licensee when it intends to suspend or revoke a licence, and will provide reasons for this decision. The licensee will have 30 calendar days from the date of the notification to provide a written response to the notice. ISED will evaluate the response and determine whether to proceed with the revocation process. If the licensee does not reply within the given period, the licence will be suspended or revoked immediately.

A licence may be suspended or revoked where the licensee fails to meet any condition of licence, where it breaches the Radiocommunication Act or Radiocommunication Regulations, or where ISED changes a frequency allocation or spectrum use policy following a public consultation. In the case of a change in allocation or permitted spectrum use, licensees are normally provided a transition period before forfeiting their licences.

9. Fees

All spectrum and telecommunications fees are subject to the requirements of the Service Fees Act, including the implementation of a periodic fee adjustment. The fee for earth station spectrum licences is based on the amount of spectrum assigned in specific frequency bands, as set out in Notice No. SMSE-002-23, Fee Order for Earth Stations.

There are no additional fees associated with individual site approvals.

10. Service standards and remission policy

All applications for satellite-related services are subject to service standards and subject to remissions as per ISED’s Service Fees Remission Policy and the Spectrum and Telecommunications Sector (STS) Program Annex.

In accordance with the Service Fees Act and related policy directives, the following service standards apply:

  • spectrum licences for earth stations requiring site approval: 77 calendar days
  • site approvals of earth stations under a spectrum licence: 49 calendar days

If new frequencies, bandwidths or satellites are requested for a spectrum licence, these additions are considered a modification of the spectrum licence, and the 77-calendar day service standard for processing spectrum licences for earth stations requiring site approval applies.

It is expected that most applications will be treated within the service standard. In those cases where the service standard will not be met, applicants will be notified of an appropriate time frame for consideration of their application.

11. Related documents

All ISED publications related to spectrum management and telecommunications are available on the Spectrum management and telecommunications website. Refer to the following documents as needed:

Acronyms

  • CPC: Client Procedures Circular
  • RIC: Radiocommunication Information Circular
  • SMSE: Canada Gazette Notice
  • SRSP: Standard Radio System Plan

Annex A: Information required to license site-approved earth stations

This annex contains a list of the information required in applications for site-approved earth stations.

Spectrum licences

  • Full name of the applicant
  • Full address of the applicant
  • Name of the primary contact person
  • Telephone number of the contact person, including the area code, and, if applicable, the extension number and the country code
  • Email address of the contact person
  • Attach a copy of the certificate of incorporation of the company applying for the licence
  • Attach a confirmation from the satellite operator that an agreement is in place with the applicant authorizing the latter to communicate with the satellite
  • Indicate whether this is a developmental or non-developmental service licence
  • Licence start date
  • Requested licence term (renewable, fixed term or temporary)
  • Licence end date in the case of a fixed term or temporary licence
  • Name of satellite/constellation with which the earth station(s) can communicate
  • The lower and upper frequency ranges (in MHz) in which the earth station(s) will operate
  • Any other information that may assist in the evaluation of the application

Site approvals

Site information:

  • Municipality and street address or site name
  • International Telecommunication Union (ITU) Class of Station
  • Geographical latitude (north) of the earth station in degrees, minutes and seconds up to an accuracy of 1/10 second (must be in WGS84 format)
  • Geographical longitude (west) of the earth station in degrees, minutes and seconds up to an accuracy of 1/10 second (must be in WGS84 format)
  • Ground elevation (in metres) above mean sea level
  • For transportable earth stations, the radius of operation of the transportable station (in kilometres)
  • Associated space station

Antenna information:

  • Height of the antenna centre (in metres) above ground level
  • Operating azimuth angle or lower limit of the range (in degrees), clockwise from true north, in the direction of the satellite
  • Operating elevation angle or lower limit of the range (in degrees), from the horizontal plane, in the direction of the satellite
  • If the earth station is communicating with a non-geostationary satellite orbit (NGSO) system, the upper limit for the range of operating azimuth angles (in degrees), clockwise from true north, in the direction of the satellite
  • If the earth station is communicating with an NGSO system, the upper limit for the range of operating elevation angles (in degrees), from the horizontal plane, in the direction of the satellite
  • Antenna diameter (in metres), accurate to two decimal places (e.g. 1.20 m)
  • Isotropic gain of the transmit antenna (in dBi) in the direction of maximum radiation
  • Transmit antenna half-power beamwidth (in degrees)
  • Isotropic gain of the receive antenna (in dBi) in the direction of maximum radiation
  • Receive antenna half-power beamwidth (in degrees)
  • ITU antenna reference pattern, or, if the pattern is not in the ITU antenna reference pattern list, an antenna measured radiation diagram (taking as a reference the direction of maximum radiation) for each band of operation

Transmitter information (multiple beams permitted):

  • Transmit carrier frequency (in MHz)
  • Polarization
  • In the case of linear polarization, polarization angle
  • Occupied bandwidth (in MHz)
  • Designation of emission using the ITU designators
  • Digital modulation type
  • Modulated bit rate in megabits per second (this refers to the maximum bit rate that includes data and any overhead; it does not refer to the throughput)
  • Maximum peak envelope power (dBW) supplied to the input of the antenna
  • Minimum peak envelope power (dBW) supplied to the input of the antenna
  • Maximum power density in dB (W/Hz) supplied to the input of the antenna averaged over the worst 4 kHz band for carriers below 15 GHz, or averaged over the worst 1 MHz band for carriers above 15 GHz
  • Minimum power density in dB (W/Hz) supplied to the input of the antenna averaged over the worst 4 kHz band for carriers below 15 GHz, or averaged over the worst 1 MHz band for carriers above 15 GHz

Receiver information (multiple beams permitted):

  • Receive carrier frequency (in MHz)
  • Polarization
  • In the case of linear polarization, polarization angle
  • Occupied bandwidth (in MHz)
  • Designation of emission using the ITU designators
  • Digital modulation type
  • Modulated bit rate in megabits per second (this refers to the maximum bit rate that includes data and any overhead; it does not refer to the throughput)
  • Lowest total receiving system noise temperature (in degrees Kelvin) with reference to the output of the receiving antenna of the earth station under “clear sky conditions,” with this value being indicated for the nominal value of the angle of elevation when the associated transmitting station is aboard a geostationary satellite and, in other cases, for the minimum value of angle of elevation
  • Carrier-to-noise (C/N) ratio (in dB)

Additional technical information required for international coordination (for transmit and/or receive stations):

  • Transmit class of station
  • Transmit nature of service
  • Receive class of station
  • Receive nature of service

Attestations:

Coordination/Notification:

  • Attach the earth station coordination area diagrams if they are available
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