N8 — 24/38 GHz Subordinate Spectrum Licences Issued After the 2014 Renewal Process

The following conditions apply to subordinate spectrum licences in the 24 and 38 GHz bands issued through the renewal process described in the New Licensing Framework for the 24, 28 and 38 GHz Bands and Decision on a Licence Renewal Process for the 24 and 38 GHz 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 Radiocommunication 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 Innovation, Science and Economic Development Canada (ISED) following a public consultation.

2. Licence Transferability and Divisibility

This licence is not transferable or divisible.

3. Eligibility

The licensee must conform to eligibility criteria as set out in Section 9(1) of the Radiocommunication Regulations.

4. Radio Station Installations

The licensee must comply with Client Procedures Circular CPC-2-0-03, Radiocommunication and Broadcasting Antenna Systems, as amended from time to time.

5. Provision of Technical Information

The licensee must provide ISED with, and maintain, up-to-date technical information on a particular station or network information in accordance with the definitions, criteria, frequency and timelines specified in Client Procedures Circular CPC-2-1-23 - Licensing Procedure for Spectrum Licences for Terrestrial Services, as amended from time to time.

6. Compliance with Legislation, Regulations and Other Obligations

The licensee is subject to, and must comply with, the Radiocommunication Act and the Radiocommunication Regulations, as amended from time to time. The licensee must use the assigned spectrum in accordance with the Canadian Table of Frequency Allocations and the spectrum policies applicable to this band, as amended from time to time. The licence is issued on condition that all representations made in relation to obtaining this licence are true and complete in every respect.

7. Technical Considerations and International and Domestic Coordination

The licensee must comply on an ongoing basis with the technical aspects of the appropriate Radio Standards Specifications (RSS) and Standard Radio System Plans (SRSP), as amended from time to time. Where applicable, the licensee must use its best efforts to enter into mutually acceptable agreements with other parties for facilitating the reasonable and timely development of their respective systems, and to coordinate with other licensed users in Canada and internationally.

The licensee must comply with the obligations arising from current and future frequency coordination agreements established between Canada and other countries and shall be required to provide information or take actions to implement these obligations as indicated in the applicable SRSP. Although frequency assignments are not subject to site licensing, the licensee may be required through the appropriate SRSP to furnish all necessary technical data for each relevant site.

8. Lawful Interception

The licensee operating as telecommunication common carrier using the spectrum for 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) - SGES. These standards may be amended from time to time.

The licensee may request the Minister of ISED to forbear from enforcing certain assistance capability requirements for a limited period of time. 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.

9. 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.

10. Mandatory Antenna Tower and Site Sharing

A licensee operating as a radiocommunication carrier must comply with the mandatory antenna tower and site sharing requirements set out in 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.

11. 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 Research and Development Expenditures for licensees whose annual gross operating revenues exceed $1 billion (the Department reserves the right to request an audited Statement of Research and Development expenditures with an accompanying Auditor's Report);
  • supporting financial statements where a licensee is claiming an exemption to the Research and Development condition of licence;
  • a copy of any existing corporate annual report for the licensee's fiscal year; and
  • other information related to the licence as specified in any notice updating the reporting requirements as issued by ISED.

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 ISED at the following address:

Innovation, Science and Economic Development Canada
c/o Manager, Emerging Networks
Spectrum Management Operations Branch
235 Queen Street (C.D. Howe 6th East Floor)
Ottawa, Ontario
K1A 0H5

Where a licensee holds multiple licences, spectrum implementation reports should be broken down by licence area.

12. Amendments

The Minister of ISED retains the discretion to amend these terms and conditions of licence at any time.

Last revision date: June 23, 2016

Date modified: