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Letters of Exchange for Arrangement O

July 18, 2011

Mr. Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, D.C. 20554
USA

Dear Mr. Genachowski:

Thank you for your letter of July 13, 2011, and the attached draft Arrangement O, regarding the coordination of fixed and mobile (excluding aeronautical mobile) services operating in the bands 698-758 MHz and 776-788 MHz along our common border. In response, I can confirm that Industry Canada concurs with the proposals set forth in your letter, and agree that the content of those proposals is effective on the date of this letter.

Yours sincerely,

[signature]

Helen McDonald
Senior Assistant Deputy Minister
Spectrum, Information Technologies
and Telecommunications


FEDERAL COMMUNICATIONS COMMISSION
JULIUS GENACHOWSKI CHAIRMAN

July 13, 2011

Ms. Helen McDonald
Assistant Deputy Minister
Spectrum, Information Technologies and Telecommunications
Industry Canada
Jean Edmonds Tower North
300 Slater Street
Ottawa, ON KIA OC8 Canada

Dear Ms. McDonald:

As you know, during the past several meetings of the U.S.-Canada Radio Technical Liaison Committee (RTLC), the Federal Communications Commission (FCC) and Industry Canada (IC) have discussed and exchanged information regarding the coordination of fixed and mobile (except aeronautical mobile) services operating in the 698-758 MHz and 776-788 MHz bands along the common border.

During the most recent meeting, the FCC and IC finalized a draft text for a new arrangement in these bands, entitled Arrangement O. This draft Arrangement O, which is attached to this letter, is in the process of being reviewed by our respective governments with a view to taking the steps necessary to making it a legally binding Arrangement O under the Agreement between the United States of America and Canada on the Coordination and Use of Radio Frequencies Above 30 Megacycles per Second, effected by exchange of notes at Ottawa on October 24, 1962.

It is our understanding that IC shares the FCC's view that the draft Arrangement O reflects a mutually beneficial arrangement that would benefit fixed and mobile (except aeronautical mobile) services in both countries if implemented by IC and the FCC at the earliest possible date.

Therefore, the FCC proposes that both the FCC and the IC should apply the coordination terms set forth in the draft Arrangement O, as modified below, even to the extent of any inconsistency between the provisions of draft Arrangement O and the Agreement concerning the allotment and assignment of television broadcasting channels in areas adjacent to the border of the United States and Canada, with working Arrangement, effected by exchange of notes at Washington, November 3, 1993 and January 5, 1994, until the Government of the United States and the Government of Canada bring into force a new, legally binding Arrangement O governing these portions of the frequency spectrum for use by the fixed and mobile (except aeronautical mobile) services.

The draft Arrangement O focuses on coordination of fixed and mobile (except aeronautical mobile) service operations in the border area. To cover any relationship with television broadcasting operations (analog or digital), provisions are included in the draft arrangement that otherwise complement other current bilateral provisions. 1

The FCC proposes that the stations located in areas described in Attachment B be brought into operation in accordance with the provisions of the draft Arrangement except that the pfd value in Section 3.3 (-106 dBW/m2) is replaced by -96 dBW/m2. The FCC also proposes that the stations in these locations comply with all other provisions of the draft Arrangement, including Sections 3.3.1, 3.3.2 and 3.3.3.

If IC concurs with the above, I further propose that the content of the above proposals become effective on the date of your affirmative letter in reply.

[signature]

Julius Genachowski
Chairman
Federal Communications Commission

Attachments

Arrangement O: Sharing Arrangement Between the Department of Industry of Canada and the Federal Communications Commission of the United States of America Concerning Use of the Frequency Bands 698-758 MHz and 776-788 MHz for the Fixed and Land Mobile Services Along the Canada-United States Border

Attachment B: U.S. Counties where Stations Are Permitted to Operate with a Higher PFD at the Border

1 The other relevant documents are: (a) the Letter of Understanding between the Federal Communications Commission of the United States of America and Industry Canada related to use of the 54-72 MHz, 76-88 MHz, 174-216 MHz and 470-806 MHz bands for the Digital Television Broadcasting Service along the Common Border, dated September 12 and 22, 2000, as amended on September 28 and October 7, 2004; and (b) the exchange of letters between the Federal Communications Commission and Industry Canada, dated August 5, 2008 and December 15, 2008, concerning assignments and allotments for use of the television broadcasting spectrum within 360 km of the common border.


Attachment B

U.S. COUNTIES WHERE STATIONS ARE PERMITTED TO OPERATE WITH A HIGHER PFD AT THE BORDER

Michigan counties: Macomb, Monroe, St. Clair and Wayne for stations within 10 km of the border.

New York counties: Erie, Niagara for stations within 20 km of the border.

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