Transitional Arrangement — Use of the Radio Frequency Spectrum by Terrestrial Radiocommunication Stations and Earth Stations

TRANSITIONAL ARRANGEMENT BETWEEN INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA, OF THE FIRST PART, AND THE FEDERAL COMMUNICATIONS COMMISSION AND THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION OF THE UNITED STATES OF AMERICA, OF THE SECOND PART, ON THE PROVISIONAL APPLICATION OF THE GENERAL COORDINATION AGREEMENT BETWEEN CANADA AND THE UNITED STATES OF AMERICA ON THE USE OF THE RADIO FREQUENCY SPECTRUM BY TERRESTRIAL RADIOCOMMUNICATION STATIONS AND EARTH STATIONS

CONSIDERING that the General Coordination Agreement Between Canada and the United States of America on the Use of the Radio Frequency Spectrum by Terrestrial Radiocommunication Stations and Earth Stations (the “GCA”) provides for its provisional application by Canada and the United States of America (the “GCA Parties”) in accordance with Article IV thereof;

CONSIDERING that the representatives of Canada and the United States of America signed the GCA on January 12, 2021 and on January 13, 2021 and completed the exchange of notes contemplated under Article IV (2) thereof on January 13, 2021 (“Exchange of Notes”), upon which date the GCA Parties commenced provisional application of the GCA;

CONSIDERING that the GCA provides for supersession or discontinuance of the binding and non-binding instruments listed in Annex A to the GCA (collectively, the “Existing Instruments” and, individually, an “Existing Instrument”) and that by the Exchange of Notes, Canada and the United States of America agreed to suspend the Existing Instruments pending the entry into force of the GCA;

CONSIDERING the importance of implementing the terms of the Existing Instruments on a non-binding basis until replacement arrangements are developed under the GCA; and

CONSIDERING that by the Exchange of Notes, Canada designated the Department of Innovation, Science and Economic Development (ISED) of Canada and the United States of America designated the Federal Communications Commission (FCC) and the National Telecommunication Information Administration (NTIA) as “Designated Agencies” under the GCA for purposes of this transitional arrangement;

ISED, OF THE FIRST PART, AND, FCC AND NTIA, OF THE SECOND PART, have reached the following understanding:

1. Upon the suspension of the instruments listed in Annex A of the GCA and the provisional application of Article III (2) of that agreement, the Designated Agencies intend to implement the relevant technical parameters and coordination and information-sharing procedures (the “Technical Provisions” or individually, with respect to a frequency band or portion of such band, a “Technical Provision”) of each Existing Instrument on a non-binding basis. In the event of any conflict between the Technical Provisions of one or more Existing Instruments, the Designated Agencies intend to implement the Technical Provisions contained in the later Existing Instrument relating to the same Technical Provisions.

2. The Designated Agencies intend to continue to implement each such Technical Provision until an Arrangement covering the same frequency band or portion of such band is decided upon in accordance with Article II (1) of the GCA and becomes operative.

SIGNED in duplicate, in the English and French languages, both language versions being equally valid.