L1 — AWS Auction Subordinate Spectrum Licences
The following conditions apply to licences for the AWS, PCS Expansion and 1670-1675 MHz spectrum bands.
This licence is subordinate to the primary licence, and as such is conditional on the primary licence remaining in effect. This licence would normally be subject to any non-renewal, suspension, or revocation of the primary licence. However, in the event of suspension, non-renewal or revocation of the primary licence, the subordinate licensee could make representations to the Minister, consistent with the Radiocommunications Act, as to why they should be permitted to continue operating.
1. Licence Term
This licence will expire on the date indicated above. The process for issuing licences after this term and any issues relating to renewal will be determined by the Minister of Industry following a public consultation.
2. Licence Transferability and Divisibility
This licence is not transferable or divisible.
3. Eligibility Criteria
The licensee must comply on an ongoing basis with the eligibility criteria for a radiocommunication carrier including compliance with section 10(2) of the Radiocommunication Regulations. The licensee must notify the Minister of Industry of any change which would have a material effect on its eligibility. Such notification must be made in advance for any proposed transaction within its knowledge. For more information, refer to Industry Canada's Client Procedures Circular CPC-2-0-15, Canadian Ownership and Control, as amended from time to time.
4. Displacement of Incumbents
The licensee must comply with the transition policy set out in the Consultation on a Framework Auction Spectrum in the 2 GHz Range Including Advanced Wireless Services, Part I, Section 3, Treatment of Incumbent Licensees (DGTP-002-07) or any such policies related to the displacement of fixed systems as may be issued.
5. Radio Station Installations
While site-specific radio licences will not be required for each station, licensees must ensure that each radio station is installed and operated in a manner that complies with Industry Canada's Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time.
6. Provision of Technical Information
When the Department requests technical information on a particular station or network, the information must be provided by the licensee to the Department according to the definitions, criteria, frequency, and timelines specified by the Department. For more information, refer to Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.
7. Compliance with Legislation, Regulations and other Obligations
The licensee is subject to, and must comply with, the Radiocommunication Act, the Radiocommunication Regulations and the International Telecommunication Union's Radio Regulations pertaining to its licensed radio frequency bands. The licence is issued on condition that the certifications made in relation to this licence are all true and complete i every respect. The licensees must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the stated spectrum policy. Licensees must abide by applicable provisions of other statutes and the rulings of other statutory bodies, such as the Canadian Radio-television and Telecommunications Commission (CRTC) or the Competition Bureau.
8. Technical Considerations
The licensee must comply on an ongoing basis with the technical aspects of the appropriate Radio Standards Specifications and Standard Radio System Plans, as amended from time to time.
9. International and Domestic Coordination
The licensee must comply with the current (Treaty Series 1962 No. 15 - Coordination and Use of Radio Frequencies - Arrangements H, I and J) and future agreements established with other countries. While frequency assignments are not subject to site licensing, the licensee may be required to furnish all necessary technical data for each relevant site.
The licensee will use its best efforts to enter into mutually acceptable sharing agreements that will facilitate the reasonable and timely development of their respective systems, where applicable, and to coordinate with other licensed users in Canada and internationally, where applicable.
10. Lawful Interception
Licensees using spectrum for circuit-switched voice telephony systems must, from the inception of service, provide for and maintain lawful interception capabilities as authorized by law. The requirements for lawful interception capabilities are provided in the Solicitor General's Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95). These standards may be amended from time to time. The licensee may request the Minister of Industry to forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with Public Safety Canada, may exercise the power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirement is not reasonably achievable. Requests for forbearance must include specific details and dates indicating when compliance to the requirement can be expected.
11. Research and Development (R&D)
The requirement related to investment in R&D is set out in the Subordinate Licensing Section of Client Procedures Circular CPC-2-1-23, Licensing Procedure for Spectrum Licences for Terrestrial Service, as amended from time to time.
12. Mandatory Antenna Tower and Site Sharing
The licensee must comply with the mandatory antenna tower and site sharing requirements set out in Industry Canada's Client Procedures Circular CPC-2-0-17 Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.
13. Mandatory Roaming
PCS and AWS licensees must comply with the mandatory roaming requirements set out in Industry Canada's Client Procedures Circular CPC-2-0-17 Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.
14. Annual Reporting
Licensees must submit an annual report for each year of the licence term including the following information:
- a statement indicating continued compliance with all conditions of licence;
- an update on the implementation and spectrum usage of Advanced Wireless Services, Personal Communications Services and/or services in the band 1670-1675 MHz, within the area covered by the licence;
- existing audited financial statements with an accompanying Auditor's Report; and
- a copy of any existing corporate annual report for the licensee's fiscal year with respect to the authorization.
The reports are to be submitted, in writing, to Industry Canada at the address below within 120 days of the licensee's fiscal year-end. Where a licensee holds multiple licences, the reports should be broken down by service area. Confidential information provided will be treated in accordance with section 20(1) of the Access to Information Act.
Manager, Emerging Networks
Spectrum Management and Operations Branch
235 Queen Street (15th floor-JETN)
The Minister of Industry retains the discretion to amend these terms and conditions of licence at any time.
Last revision date: February 3, 2014.
- Date modified: