RP-008 - Policy Framework for the Provision of Fixed Satellite Services

RP-008
Published December 1998
Revised September 2005

Spectrum Management and Telecommunications Policy

Radio Systems Policy

Full Document for Printing, PDF Format, 232 KB
Help to Access Documents

Gazette Notice DGTP-019-98 — Policy Framework for the Provision of Fixed Satellite Services

Executive Summary

Canada is well advanced in implementing its commitments under the World Trade Organization (WTO) Agreement on Basic Telecommunications (ABT). In important areas, the Canadian Government is exceeding its commitments and accelerated its schedule for opening its telecommunications markets to full competition. The Government of Canada has amended its legislation to give effect to its WTO commitments and has terminated the monopoly of Teleglobe Canada over telecommunications facilities linking Canada to overseas destinations. A new regulatory regime for the provision of international telecommunications services has been established and new regulations have been introduced to exempt underseas cables providing international telecommunications from Canadian ownership and control requirement. Similarly, new regulations to exempt earth stations providing fixed and mobile satellite services from Canadian ownership requirements are being considered.

The liberalization of communication satellites services is an important component of the WTO agreement in advancing international competition in a meaningful way and Canada already has liberalized its mobile satellite policy. The modernization of the licensing policies dealing with fixed satellite services under this policy framework represents the final component of Canada's implementation of a licensing regime for communication satellite networks to fully meet or exceed its commitments to the WTO.

Existing satellite policies which apply to Direct-To-Home (DTH) or Direct Broadcast Satellite (DBS) services, whether provided by fixed or broadcast satellites, remain unchanged.

The main provisions of this policy framework for fixed satellite services are:

• Teleglobe Canada's monopoly over telecommunications facilities linking Canada to international destinations ended on October 1, 1998. Under a new regulatory regime for international telecommunications services, all traffic routing restrictions for terrestrial facilities have been removed and Canada's international telecommunications market is now open to competition. Effective immediately, and ahead of Canada's WTO implementation schedule of December 31, 1999, service providers and users may use foreign fixed satellites for international telecommunications except for US destinations. The use of these satellites will be approved under a common earth station licensing process.
  
  
• Telesat Canada's monopoly as the sole Canadian fixed satellite facility provider for domestic (Canada-Canada) and cross-border (Canada-US) satellite services will end on March 1, 2000. Existing satellite and earth station licensing policies will continue to support the status of Telesat, in particular with regard to the Exchanges of Diplomatic Letters between Canada and the United States, until that time. Subsequently, full competition will be introduced in fixed satellite services for the domestic (Canada-Canada) and Canadian international telecommunications markets (including Canada-US) and any Canadian and foreign fixed satellite station may be approved for use.
  
  
• Industry Canada will continue to require that Canadian authorized satellites in the C (6/4 GHz) and Ku (14/11 GHz) frequency bands provide universal coverage of all regions of Canada, but there will be no such requirement placed upon foreign satellite stations as a condition to access the Canadian domestic market.
  
  
• The licensing of earth stations is being immediately extended to service providers and private users who may wish to own and operate their stations to access Canadian and foreign fixed satellites for international telecommunications (except for Canada-US traffic). Earth stations operated as telecommunications carrier transmission facilities are being considered for exemption from the Canadian ownership and control requirements with the recent changes made to the Telecommunications Act. Proposed changes to the Radiocommunication Regulations were published in the Canada Gazette Part I dated October 10, 1998 (Regulations Amending the Radiocommunication Regulations). The licence exemption of receive-only earth stations will be extended to include all receive-only earth stations operating on any fixed satellite which has been approved for use, effective March 1, 2000.
  
  

The WTO Agreement is an important "blue print" for countries to remove trade barriers in telecommunications service and to move global satellite services to full and open competition. The adoption of these policies, in conjunction with legislation and regulatory amendments, makes Canada one of the most open and competitive telecommunications markets.

Note: With the privatization of INTELSAT in 2001, the provision regarding access to INTELSAT satellites no longer applies. The treatment of INTELSAT satellites is now similar to that of any commercial satellite. Certain provisions dealing with access to INTELSAT satellite capacity, specifically those previously found in Section 4.3.4 of this document, have been rescinded - September 2002.

Table of Contents

1. Introduction
   
   
2. Background
   
   
• 2.1 General
• 2.2 Licensing Authority
• 2.3 Policies Under Consideration
• 2.4 General Agreement on Trade in Services - Agreement on Basic Telecommunications
• 2.5 Regulatory Regime for International Telecommunications Services
  
  
3. Purpose and Limitations
   
   
4. Policy Framework
   • 4.1 General
   • 4.2 Considerations for a Streamlined Licensing Regime
   • 4.3 Fixed Satellite Station Authorizations
     • 4.3.1 Authorization of Canadian Fixed Satellite Stations
     • 4.3.2 Approval for the Use of Foreign Fixed Satellite Stations
     • 4.3.3 Universal Coverage Requirement
     • 4.3.4 Access to INTELSAT Satellites
   • 4.4 Earth Station Authorizations
     • 4.4.1 General
     • 4.4.2 Transmit Earth Station Authorizations
     • 4.4.3 Receive-Only Earth Station Authorizations
     • 4.4.4 Special Cases
       
       
5. Implementation

Annex A - Definitions

Annex B - Existing Policies Under Consideration

Annex C - Statement on the Utilization of Fixed Satellite Service Facilities for Broadcasting Services C-1

Annex D - Space Stations in the Fixed Satellite Service