Divided and Transferred Licences at 2300 MHz and 3500 MHz Spectrum Licences

In the document entitled Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 MHz and 3500 MHz Bands, the Department outlined that auctioned licences would be transferable and divisible subject only to the following conditions and guidelines:

• All eligibility criteria and other conditions that apply to a licence, including those related to interference management, will continue, as applicable, should the licence be transferred.
  
  
• The party to whom the licence will be transferred must meet the eligibility criteria for a radiocommunication carrier outlined in subsection 10.(2) of the Radiocommunication Regulations.
  
  
• Should an auction winner transfer its licence to another party, the second party will only receive a licence term equal to that remaining on the original licence, but will be eligible for the same licence renewal provisions as the original licensee. For example, if the transfer occurs four years into a ten-year licence term, the second party will receive a licence term equal to six years.
  
  
• All proposed licence transfers must comply with any spectrum aggregation limits or other measures intended to preclude anti-competitive behaviour that may be in place. (It should be noted that any licence transfer may also be subject to the provisions of the Competition Act).
  
  
• In order to maintain divisible in the geographic dimension only in terms of spectrum grid cells (as previously described). Thus, when an auctioned licence is divided, the minimum geographic size that any one of the new divisions may take is one spectrum grid cell. The individual spectrum grid cells are sufficiently small that even with this restriction, an extremely high degree of flexibility will be available to the parties involved in determining the size and shape of sub-divided portions of a licence.
  
  
• There will be no minimum limit to divisibility in the bandwidth dimension.
  
  
• Written notification will be required of all proposed licence transfers. The Department will also request attestations or other documentation to ensure that the points above (e.g. compliance with the eligibility criteria and other conditions of licence) have been satisfactorily addressed. Once a licence transfer has been registered, the Department will revoke the original licence and issue a new licence(s) in its place.
  
  
• The Department will maintain a publicly accessible database listing all auctioned licences and respective licensees, and will update the database upon a licence transfer.

The Department has accepted the following applications for the transfer of the following 2300 MHz and 3500 MHz spectrum licences: