J5 — Spectrum Licences issued via the 2300 MHz Two Phase Residual Auction (2004)
The following conditions of licence apply to radiocommunication carriers for the spectrum licences awarded through the Two Phase Residual Licence Auction in the 2300 MHz and 3500 MHz Frequency Bands.
1. Licence Term
This licence will expire on the date indicated above, with an expectation to renew licences for subsequent ten-year terms unless a breach of licence condition occurs (e.g. failure to meet a reasonable level of service or implementation requirements as outlined in Section 6.13 of the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Frequency Bands (Revised July 2004); a fundamental reallocation of spectrum to a new service is required (e.g. a change in international allocation); or, an overriding policy need arises (e.g. a spectrum reallocation to address a national security issue).
To provide a more stable investment climate for licensees, a consultation regarding the renewal of the licence will commence no later than two years prior to the end of the licence term if the Department foresees the possibility that it will not renew the licence or if renewal fees are contemplated.
2. Licence Transferability and Divisibility
This licence is transferable in whole or in part (divisibility), in both bandwidth and geographic dimensions, subject to Industry Canada's approval. A Subordinate Licence may also be issued in regard to this licence, subject to Industry Canada's approval.
The licensee must make the Transfer Request in writing to Industry Canada. The Transfer Request will be treated as set out in Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time (CPC-2-1-23).
The licensee must apply in writing to Industry Canada for approval prior to implementing any Deemed Transfer, which will be treated as set out in CPC-2-1-23. The implementation of a Deemed Transfer without the prior approval of Industry Canada will be considered a breach of this condition of licence.
Should the licensee enter into any Agreement that provides for a Prospective Transfer with another holder of a Licence for commercial mobile spectrum (including any Affiliate, agent or representative of the other licence holder), it must apply in writing to Industry Canada for review of the Prospective Transfer within 15 days of entering into the Agreement, which will be treated as set out in CPC-2-1-23. Should Industry Canada issue a decision indicating that the within 15 days of entering into the Agreement, which will be treated as set out in licence for a licensee to remain in an Agreement that provides for the Prospective Transfer for a period of more than 90 days from the date of the decision.
In all cases, the licensee must follow the procedures as outlined in CPC-2-1-23.
All capitalized terms have the meaning ascribed to them in CPC-2-1-23.
3. Spectrum Aggregation Limit
The licensee must comply with the 100 MHz spectrum aggregation limit outlined in Section 3.4 of the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Frequency Bands (Revised July 2004), which applies to all participating companies, their Affiliates (see Section 7.2.1) and Associated Entities (see Section 7.2.2) of the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Frequency Bands (Revised July 2004). The spectrum aggregation limit will be enforced during the auction and for two years after the close of the auction.
The licensee must notify the Minister of any change that would have a material effect on its compliance with these spectrum aggregation limits. Such notification must be made in advance for any proposed transactions within the licensee's knowledge.
4. Eligibility Criteria - Ownership and Control
The licensee as a radiocommunication carrier, must meet the ownership and control requirements in section 10(2) of the Radiocommunication Regulations. The licensee must notify the Minister of Industry of any change that would have a material effect on its eligibility. Such notification must be made in advance for any proposed transactions within its knowledge. For more information, refer to Client Procedures Circular 2-0-15, Canadian Ownership and Control (CPC-2-0-15).
5. Displacement of Incumbents
The licensee must comply with the transition policy outlined in Appendix 3 of the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Frequency Bands (Revised July 2004).
6. Radio Station Installations
Site-specific radio licences will not be required for each radio station. However, for each radio station, the licensee must ensure that:
- radio stations are installed and operated in a manner that complies with Health Canada's limits of exposure to radio frequency fields;
- where applicable, antenna structures are marked in accordance with the recommendations of Transport Canada;
- prior to installation of significant antenna structures, consultation with the appropriate land use authorities has taken place. Installation of any significant antenna structure must be delayed for a period of time sufficient for Departmental review where, after considering reasonable alternatives and consultation options, land-use consultation negociations remain at an impasse; and,
- radio installations are installed and operate in a manner that complies with technical boundary and out-of-band emission conditions as specified by the Department.
7. Provision of Technical Information
When the Department requests technical information on a particular station or on a network, the information must be provided by licensees to the Department according to the definitions and criteria specified by the Department.
8. Laws, Regulations, and Other Obligations
To ensure that licensees can continue to quickly and efficiently adapt their public service offerings to changing consumer demands, the Department will provide licensees with the maximum possible flexibility in determining the services they will offer and the technologies they will employ. Beyond the need to conform to the applicable Canadian spectrum allocations, only those limitations required for interference management purposes (discussed in Sectiion 5 of the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Frequency Bands (Revised July 2004) will be imposed.
The licensee is subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations and the International Telecommunication Union (ITU) Radio Regulations and 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.
9. Technical Considerations
The licensee must comply with the technical requirements outlined in Sections 5.3 and 5.4 of the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Frequency Bands (Revised July 2004).
* Refer to Client Procedures Circular 2-0-03, Radiocommunication and Broadcasting Antenna Systems (CPC-2-0-03) as amended from time to time.
10. International and Domestic Coordination
The licensee must comply with the requirements of cross-border sharing and coordination arrangements established between Canada and the United States, as amended from time to time. While frequency assignments are not subject to site by by site licensing, licensees may be required to furnish all necessary technical data to Industry Canada for each relevant site in order for international coordination to be effected with the United States as per the terms of any existing or future sharing arrangement. Should international coordination be required, Industry Canada will identify the appropriate data elements, format and means of submission.
Coordination between licensees within Canada will follow similar procedures as those for international coordination.
11. Lawful Interception
Certain radiocommunication carrier licensees are required to provide for and maintain lawful interception capabilities in accordance with requirements or standards set by the Solicitor General of Canada. These capabilities address both technical and operational matters related to the lawful interception of telecommunications.
Licensees must, fom the inception of service, provide for and maintain lawful interception capabilities. The requirements for lawful access capabilities for circuit-switched voice telephony systems are provided in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications (Revised November 1995). These standards may be amended from time to time, following consultation with the Solicitor General of Canada and the licensees. For licensees planning to install and operate technologies or topologies that are not circuit-switched or are currently under development, the Department will require that the licensee implement any lawful interception solution available to the licensee.
Licensees may request that the Minister forbear from enforcing certain lawful interception capability requirements for a limited period of time. The Minister, following consultation with the Solicitor General, may exercise the power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirement(s) is (are) not reasonably achievable. Forbearance requests must include specific details and dates when compliance to requirement(s) can be expected.
Licensees should be aware that a legislative package is being developed to ensure that law enforcement and national security agencies acting with lawful authority have effective access to communications and information. The Department continues to meet with the Solicitor General and the Department of Justice on this initiative and will provide licensees with the appropriate guidance until such time as any new legislation is enacted.
12. Research and Development
The licensee must invest, as a minimum, 2 percent of its adjusted gross revenues resulting from the use of this licence, averaged over the term of the licence, in eligible research and development (R&D) activities related to telecommunications. Eligible R&D activities are those which meet the definition of scientific research and experimental development adopted in the Income Tax Act, as amended from time to time. Adjusted gross revenues are defined as total service revenues, less inter-carrier payments, bad debts, third party commissions, and provincial goods and services taxes collected. The licensee is exempt from R&D expenditure requirements if it, together with all affiliated licensees that are subject to the R&D condition of licence, has less than $1 billion in annual gross operating revenues from the provision of wireless services in Canada, averaged over the term of the licence. For this condition of licence, an affiliate is defined as a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier, as per subsection 35(3) of the Telecommunications Act.
13. Implementation of Spectrum Usage The licensee must demonstrate to Industry Canada that its spectrum is being put to use at a level acceptable to the Department by the end of the licence term. Licensees must demonstrate coverage at the level indicated in Annex A of DGSO-004-013 Decisions Concerning the Renewal of the 2300 MHz and 3500 MHz Licences.
14. Annual Reporting
The licensee must submit an annual report for each year of the licence term, which includes the following information:
- a statement indicating continued compliance with all conditions of licence;
- an update on the implementation and spectrum usage within the area covered by the licence;
- existing audited financial statements with an accompanying auditor's report;
- a statement indicating the annual gross operating revenues from the provision of wireless services in Canada and, where applicable, the annual adjusted gross revenues resulting from the use of this licence, as defined in these conditions of licence.
- a report of the R&D expenditures as set out in these conditions of licence Industry Canada may request an audited statement of R&D expenditures with an accompanying auditor's report at its discretion;
- supporting financial statements where a licensee is claiming an exemption based on, together with all affiliated licensees that are subject to the R&D condition of licence, it having less than $1 billion in annual gross operating revenues from the provision of wireless services in Canada, averaged over the term of the licence;
- a copy of any existing corporate annual report for the licensee's fiscal year with respect to the authorization; and
- other information related to the licence as specified in any notice updating the reporting requirements as issued by Industry Canada.
All reports and statements are to be certified by an officer of the company and submitted, in writing, within 120 days of the licensee's fiscal year-end. Confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.
Reports are to be submitted to Industry Canada at the following address:
Spectrum Management Operations Branch
Manager, Emerging Networks
235 Queen Street (JETN, 15th floor)
Last revision date: March 3, 2014.
- Date modified: