Gazette Notice No. DGRB-003-07

Department of Industry

Radiocommunication Act

Notice No. DGRB-003-07 - Extension of the Implementation of Spectrum Usage Deadline for 24 and 38 GHz Licences

This notice announces an extension of the Implementation of Spectrum Usage deadline to the end of the licence term, for auctioned 24 and 38 GHz licences. This is in response to extension requests received by the Department from some 24 and 38 GHz licensees.

The current spectrum implementation requirement set out in the licence condition requires that licensees demonstrate to the Minister of Industry that their spectrum has been put to use. The objective of this licence condition is to ensure that spectrum, a limited public resource, is put to productive use in a timely manner by those who have been given the privilege of access to it. The Department also recognizes, however, that extenuating circumstances outside the control of the licensee may arise which do not allow the establishment of service in the time frame specified.

Licensees have noted that the availability of suitable and affordable radio equipment is hindering deployment. After careful review of their submissions we concur that the reasons outlined justify an extension of the deployment requirement deadline. Thus, the Department is amending the licence condition Implementation of Spectrum Usage to require that licensees demonstrate to the Minister of Industry that their spectrum has been put to use by the end of their licence terms. For consistency and fairness the Department has decided to provide this extension to all auctioned 24 and 38 GHz spectrum licences.

Licensees will still be required to submit reports on an annual basis demonstrating the status of their implementation. Licensees are also advised that if, at the end of their licence term, they are in non-compliance with any of the licence conditions (including the implementation requirements), their licence(s) may not be renewed.

The Department intends to issue a consultation paper on how it will address spectrum licence renewals in the upcoming year.

Obtaining Copies

Copies of this notice are available electronically on the Spectrum Management and Telecommunications website at: http://strategis.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed on the Canada Gazette website at: http://canadagazette.gc.ca/partI/index-e.html. Printed copies of the notices can be ordered by calling the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

May 25, 2007

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Michael D. Connolly
Director General
Radiocommunications and
Broadcasting Regulatory Branch