The licensee must comply with the eligibility criteria as set out in the Radiocommunication Regulations.
2. Licence Transferability
Licences may not be transferred or assigned without a full review of the request by Innovation, Science and Economic Development Canada, (the Department) and are subject to the authorization of the Minister. For clarification and without limiting the generality of the foregoing, “transfer” includes any leasing, sub-leasing or other disposition of the rights and obligations of the licence, and also includes any change that would have a material effect on the ownership or control in fact of the licensee.
3. Laws and Regulations
The licensee and its use of the spectrum assigned in this authorization are subject to and must comply with the ITU Radio Regulations, the Canadian Radiocommunication Act, the Canadian Radiocommunication Regulations, and Canada’s spectrum utilization policies pertaining to the licensed radio frequency bands.
4. Canadian Direction and Control
The licensee must maintain direction and control of the satellites at all times. If primary control is located outside of Canada, the licensee must maintain a secondary facility located in Canada that is capable of the functions listed in Client Procedures Circular 2-6-02 (CPC 2-6-02) – Licensing of Space Stations.
5. Relocation of Satellites
Satellites may not be relocated without a full review of the request by the Department and the authorization of the Minister.
Licensees must ensure that all implementation milestones and related requirements, as set out in the list below, are met.
|Milestone Number||Milestone||Due Date (Fixed From Date of Approval)||Requirement|
|1||Submit ITU coordination package||6 months||ITU coordination package, if required to complete the ITU process.|
|2||(a) Satellite design that meets the technical requirements, as set out in Section 3.2.4 of CPC-2-6-02
(b) Executed construction contract
|2 years||(a) Demonstrate that the satellite design is compliant with the requirements for serving Canada and that it meets the minimum technical requirements as outlined in Section 3.2.4* of CPC-2-6-02
(b) Demonstrate that a contract has been awarded for the construction of the new satellite(s) in a manner that is consistent with:
- The existing ITU filing;
- Placing the satellite(s) into the assigned orbital position or orbits; and
- Bringing the spectrum into use by the date established for Milestone 5.
|3||Construction has commenced||30 months||Evidence, such as invoices or payments demonstrating the purchase of long-lead items, to prove that the licensee has commenced physical construction of the satellite.|
|4||Executed launch contract||4 years||Copy of launch contract to place the satellite(s) into the assigned orbital position or orbits and to bring the spectrum into use by the date established for Milestone 5.|
|5||Satellite in operation||5 years for GSO and first NGSO satellite
6 years for launch of all additional NGSO satellites
|Licensees must certify that:
- The space station has been launched and placed in its authorized orbital location or non-geostationary orbit; and
- Its in-orbit operation has been tested and found to be consistent with the terms of the authorization.
* If the technical parameters (as outlined in Section 3.2.4 of CPC-2-6-02) are different from those that were approved, the new parameters must be filed with the Department.
7. International Coordination
- It is the responsibility of the licensee to participate, on an ongoing basis, in coordination activities with a view to protecting its network and fulfilling ITU obligations. To this end, the licensee must undertake the following: participate, at its own expense, in the coordination of the satellite network with the satellite and terrestrial networks of other countries; provide Industry Canada, in a manner acceptable to the ITU, with the satellite coordination, notification and administrative due diligence information required by the ITU; pay the applicable ITU cost recovery charges for satellite network filings; and ensure that the operation of the satellite complies with any arrangements and agreements undertaken by Canada with respect to the coordination of the satellite.
- The licensee must maintain a valid ITU filing associated with the satellite system or network at all times.
8. Domestic Coordination
- In order to avoid harmful interference, the licensee will be required to coordinate its satellite system or network with other potentially affected Canadian satellite and terrestrial services, and the satellite system or network must be operated in a manner consistent with any arrangements made to facilitate domestic satellite coordination.
- In the event that coordination cannot be completed between licensees, the Department may impose the implementation of mitigation techniques, taking into account all relevant factors including, without limitation, the order of domestic authorization. The licensee must ensure that the operation of its satellite system or network complies with all measures imposed by the Department.
9. Information Requirements
At the Department’s request, the licensee must provide all necessary information to a licence applicant to facilitate the coexistence analysis for the Department’s consideration, as part of that applicant’s licence application. Such information must be provided within a reasonable time frame.
10. Provision of Service
Satellites must be in-service within 6 months of reaching its authorized orbit, and must maintain operations in accordance with the International Radio Regulations, its associated ITU filings and domestic authorizations.
11. Service in Canada and Canadian Coverage
- Service providers must make the facilities and capacity for lease, resale and sharing available to other service providers on an unrestricted, non-discriminatory basis.
- For any FSS or BSS GSO satellite to be positioned between, and including, 70°W and 130°W, operators will be required to cover the entire Canadian territory visible from the satellite. Operators must reserve 50 percent of the satellite capacity for use by Canadians for a minimum period of six months from approval, during which time a reasonable effort must be made to market the capacity to Canadian users.
- For any NGSO BSS or FSS satellite, operators will be required to cover the entire Canadian territory visible from the satellite, to the extent possible from the satellite’s position in orbit. NGSO satellite operators must reserve an amount of satellite capacity for use by Canadians that is proportional to the Canadian territory covered vis-à-vis the entire territory covered from the position in orbit. This capacity must be reserved for a minimum period of six months from approval, during which time a reasonable effort must be made to market the capacity to Canadian users.
12. Public Benefit or Research and Development
Public Benefit - For FSS and BSS satellites, licensees shall direct a minimum of 0.5 percent of adjusted gross annual revenues resulting from the operation of the new satellite, or, subject to the prior approval of Industry Canada, satellite capacity or services of an equivalent value to the foregoing, toward special initiatives aimed at improving connectivity in underserved areas of Canada. The initiative must be approved by the Department prior to the launch of authorized satellites. The condition can be fulfilled at any time during the life of the satellite.
Research and Development - The licensee must invest, at a minimum, two 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 activities related to telecommunications. Eligible research and development 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 research and development expenditure requirements if it, together with all affiliated licensees that are subject to the research and development 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. Space Debris Mitigation
- For geostationary satellites: The satellite, at the end of its life, shall be removed from the geostationary satellite orbit region in a manner consistent with Recommendation ITU–RS.1003-2, Environmental Protection of the Geostationary Satellite Orbit. Licensees must provide the Department with the information requested in Section 5.4.
- For non-geostationary satellites: The licensee, at the end-of-life of the satellite, must implement space debris mitigation measures in accordance with best industry practices so as to minimize adverse effects on the orbital environment.
14. Lawful Intercept of Communications
For MSS systems: The licensee shall provide and maintain lawful interception capabilities as set out in the Solicitor General’s publication entitled Enforcement Standards for Lawful Interception of Telecommunications.
15. Earth Station Licensing
All earth stations in Canada communicating with the satellite, except those exempted from the licensing requirement pursuant to the Radiocommunication Act and Radiocommunication Regulations, shall be licensed prior to operation pursuant to Client Procedure Circular, 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.
16. Space Station Licensing
For radio licences, licensees must submit the administrative licensing information, set out in Annex C of CPC-2-6-02, at least 60 days in advance of the anticipated launch date of the satellite(s).
17. Reporting Requirements
- Licensees are required to immediately inform the Department of any changes to their contact information or to information concerning satellite development, operations and/or control, including a change in control facilities. Licensees are also required to report any suspension of service to the Department.
- The licensee shall submit an annual report for each year of operation, indicating continued compliance with these conditions. This report is due by March 31 of each year.
- The licensee shall notify the Department when a satellite is decommissioned or de-orbited, and certify that the decommissioning will not result in any unplanned disruption of service to customers. At the end-of-life of the satellites, the licensee shall submit a final report to the Department detailing the space debris mitigation measures undertaken. This report shall be submitted within 60 business days of the end-of-life of the satellites.
- The licensee shall provide any information requested by the Department within the timeframe established in the request.
- All reports are to be submitted to the Manager, Satellite Authorization Policy at firstname.lastname@example.org.
18. Payment of Fees
Licence fees are paid on an annual basis in advance, and are due by March 31 of each year.