Gazette Notice DGTP-010-05

Department of Industry

Radiocommunication Act

Notice No. DGTP-010-05 – Modification to the Canadian Table of Frequency Allocations to Recognize the Use of Spectrum for Satellite Radio Services in Canada

Intent

This notice announces Industry Canada’s intention to modify the Canadian Table of Frequency Allocations to recognize the use of the frequency band 2320-2345 MHz by the broadcasting-satellite service and complementary terrestrial broadcasting service on a primary basis. Consequential action would also be undertaken to recognize and protect this usage at the international level.

On September 26, 2005, following the conclusion of a public consultation launched in October 2004 (Gazette Notice DGTP-007-04), the Departments of Industry and Canadian Heritage approved the use of foreign specialized satellite facilities for the transmission of Canadian digital satellite subscription radio services in Canada. This was in response to a request, in October 2003, from the Canadian Radio‑television and Telecommunications Commission (CRTC) to clarify the 1995 government satellite-use policy, as a result of receiving applications from potential Canadian satellite radio licensees proposing to use American satellite facilities to deliver Canadian programming.

In rendering its decision, the government considered, among other things, the uniqueness of satellite facilities required to deliver digital satellite subscription radio services, the absence of Canadian satellite facilities, and that the costs of establishing a stand-alone Canadian satellite radio broadcasting facility would be prohibitive and uneconomical given the size of the potential Canadian market. Finally, the government confirmed that Canada does not have the spectrum resources, nor could it obtain appropriate spectrum, for the operation of a stand-alone Canadian satellite radio broadcasting facility in less than five to eight years.

On June 16, 2005, the CRTC approved three applications for the provision of subscription radio services. Two of these new broadcasting undertakings will use the specialized U.S. satellite radio transmission facilities to distribute their programming services. These two satellite radio networks operate in the S-band (2320-2345 MHz) which has been allocated by the International Telecommunication Union (ITU) to a number of countries, including the United States.

As Canada did not seek, at the ITU, a similar in-country broadcasting-satellite allocation to develop its own satellite radio facilities in the S-band, nor has the required domestic allocation in the Canadian Table of Frequency Allocations, it is important at this time to proceed with appropriate modifications to both the Canadian Table and the International Table.

Modifications to the Canadian Table of Frequency Allocations

Given the policy developments and licensing action taken to date with respect to the delivery of digital satellite subscription radio services in Canada, the Department provisionally adopts the following domestic footnote into the Canadian Table of Frequency Allocations:

CXX    Additional Allocation: The band 2320-2345 MHz is also allocated to the broadcasting‑satellite service (sound) and complementary terrestrial broadcasting service on a primary basis. Spectrum utilization policies provide the inter-service relationship with respect to broadcasting service operation.

As a consequential action, Industry Canada will seek to include the name of the Administration of Canada to the ITU footnote No. 5.393 (Footnote 1) in order to recognize and protect these Canadian satellite radio services at the international level. This proposal would be made at the 2007 ITU World Radiocommunication Conference (WRC-2007). Formulation of this proposal will be undertaken under the auspices and procedures of the Canadian Preparatory Committee to WRC-2007.

A comment period of 30 days from the date of publication of this notice will apply to this provisional change. In the absence of compelling arguments to the contrary, this change will be incorporated into the Canadian Table of Frequency Allocations. Shortly after the close of the comment period, all comments received and any other relevant information will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at: http://strategis.gc.ca/spectrum.

Submitting Comments

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following
e-mail address: wireless@ic.gc.ca, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Director General, Telecommunications Policy Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario, K1A 0C8.

All submissions should cite the Canada Gazette, Part I, publication date, the title, and the notice reference number (DGTP-010-05).

Obtaining Copies

Copies of this notice and documents referred to are available electronically on the Spectrum Management and Telecommunications Web site.

Official printed copies of Canada Gazette notices can be obtained from the Canada Gazette Web site at: http://canadagazette.gc.ca/publication-e.html or by calling the sales counter of Canadian Government Publishing at
(819) 941-5995 or 1&bnsp;800 635-7943.

November 8, 2005

Issued under the authority
of the Radiocommunication Act

__________
Larry Shaw
Director General
Telecommunications Policy

Footnote

1. 5.393 Additional allocation: in the United States, India and Mexico, the band 2310-2360 MHz is also allocated to the broadcasting-satellite service (sound) and complementary terrestrial sound broadcasting service on a primary basis. Such use is limited to digital audio broadcasting and is subject to the provisions of Resolution 528 (WARC-92), with the exception of resolves 3 in regard to the limitation on broadcasting-satellite systems in the upper 25 MHz. (WRC-2000)