The following conditions apply to spectrum licences for broadband public safety services in the frequency band 4940-4990 MHz.
1. Licence term
The term for spectrum licences will be 10 years from the original date of issue. These licences will expire on March 31 following the tenth anniversary of licence issuance.
2. Laws, Regulations and Other Obligations
The licensee is subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations, the International Telecommunication Union (ITU) Radio Regulations and the Canadian Table of Frequency Allocations pertaining to its licensed radio frequency bands. The licence is issued on condition that the certifications made in the application materials are all true and complete in every respect.
The Minister continues to have power to amend the terms and conditions of spectrum licences (see section 5(1)(b) of the Radiocommunication Act). Such power would be exercised on an exceptional basis and only after full consultation. Section 40 of the Radiocommunication Regulations continues to apply.
3. Land-Use Consultation
Industry Canada recognizes the importance of considering the potential impact of antennas and their supporting structures on their surroundings and, as such, has instituted land-use consultation procedures outlined in Client Procedures Circular, Radiocommunication and Broadcasting Antenna Systems (CPC-2-0-03), as amended from time to time. Licensees must ensure that they meet all land-use consultation requirements specified in CPC-2-0-03.
4. Radio Frequency Fields
Health Canada has established safety guidelines for exposure to radio frequency fields in its publication entitled Limits of Human Exposure to Radiofrequency Electromagnetic fields in the Frequency Range from 3 kHz to 300 GHz (Safety Code 6). Although the responsibility for developing Safety Code 6 rests with Health Canada, Industry Canada has adopted this guideline for the purpose of protecting the general public.
It is the responsibility of the licensee to ensure that all related radiocommunication installations comply with Safety Code 6 at all times, including the consideration of combined effects of nearby installations within the local radio environment. Compliance with Safety Code 6 is an ongoing obligation. At any time, licensees may be required, as directed by Industry Canada, to demonstrate compliance with Safety Code 6 by (i) providing detailed calculations, and/or (ii) conducting site surveys and, where necessary, implementing corrective measures.
5. Air Navigation Obstruction Clearance and Marking
In addition to obtaining licence authority from Industry Canada, public safety licensees must also ensure that their applications are reviewed by Transport Canada and NAV CANADA prior to antenna system installation.
Transport Canada will perform an assessment of the proposal with respect to potential hazards to air navigation, and will notify applicants of any painting and/or lighting requirements for the associated antenna system. Applicants should be aware that Transport Canada does not advise Industry Canada of marking requirements for proposed antenna structures.
NAV CANADA will also comment on whether the proposed antenna system has an impact on the provision of its national air navigation system, facilities and other services located off-airport.
6. Radio Astronomy
Licensees must ensure that harmful interference is not caused to Canadian radio astronomy observatories, and that this protection is continued should new radio astronomy operational requirements arise in the future.
7. Payment of Licence Fees
Licence renewal fees are due on March 31 for the upcoming fiscal year, commencing April 1 annually.
8. Spectrum Utilization and Equipment Requirements
Licensees must comply with the technical requirements set forth in Spectrum Utilization Policy 4940 MHz (SP 4940 MHz) Technical and Licensing Requirements for Broadband Public Safety in the Band 4940-4990 MHz. All radio equipment must be certified in accordance with Radio Standard Specification 111 (RSS-111) Broadband Public Safety Equipment Operating in the Band 4940-4990 MHz.
9. Radio Interoperability
At this time, Industry Canada is not establishing a dedicated channel for radio interoperability nor recommending a specific common/open standard. However, radio interoperability is considered an essential feature for public safety applications and the Department may establish radio interoperability guidelines based on the results of the consultation process initiated by Canada Gazette Notice No. SMSE-005-06, Consultation Paper on Public Safety Radio Interoperability Guidelines.
The Department requires licensees to implement systems which are interoperable with all public safety entities so that they can function effectively when an emergency arises. As a result, applicants may be required to submit to the local Industry Canada spectrum management district director, a radio interoperability plan which includes agencies operating within their jurisdictional area, as well as those in overlapping or adjacent jurisdictional areas. Final determinations as to required licensing conditions pertaining to interoperability will be made by the district director.
10. System Coexistence Guidelines and Domestic Coordination
All licensees operating in the band 4940-4990 MHz shall cooperate in the selection and use of channels in order to reduce interference and make effective use of the spectrum. Licensees who experience or cause interference are expected to cooperate and jointly resolve issues to ensure equitable access to the spectrum by all operators.
All data and calculations used during coordination shall be retained by the licensees and be made available to Industry Canada upon request.
To facilitate domestic coordination, licensees are to contact their nearest local Industry Canada spectrum management office to obtain necessary contact information for other public safety service licensees operating locally in the band 4940-4990 MHz.
11. International Coordination
All licensees must comply with the requirements of cross-border frequency sharing and coordination arrangements established between Canada and the United States, as amended from time to time. Although frequency assignments are not normally subject to site-specific licensing, licensees must be prepared to provide technical data for any given site to Industry Canada, if requested.
Last revision date: November 13, 2008