DGRB June 15, 2002

Transcription

1 DGRB June 15, 2002 Call for Expressions of Interest in Orbital Positions Using a New Broadcasting- Satellite Service Band ( GHz) and for Satellite Network Information to Initiate International Coordination

2 INDUSTRY CANADA RADIOCOMMUNICATION ACT Notice No. DGRB Call for Expressions of Interest in Orbital Positions Using a New Broadcasting-Satellite Service Band ( GHz) and for Satellite Network Information to Initiate International Coordination This Gazette Notice announces the release of a paper, under the above title, that invites interested parties to submit expressions of interest to Industry Canada with respect to developing space stations using new broadcasting-satellite service spectrum to be available effective April 1, The Department believes this new broadcasting-satellite service (BSS) band GHz, along with its associated feeder link band GHz, used at appropriate orbital positions, is a valuable resource to advance the Canadian broadcasting system. Accordingly, on April 1, 2002, Industry Canada submitted filings with the International Telecommunication Union (ITU) for the advance publication of information with a view to gaining access for Canada to the spectrum at a number of positions in the geostationary orbital arc. The Department invites interested parties to identify their satellite orbit and spectrum requirements to the Department by submitting expressions of interest and satellite network information. These expressions of interest will then be used to develop a process for making orbital positions available to satellite operators for serving the Canadian broadcasting system. Additionally, as Canadian access to these orbital resources will be subject to the first-come, first-served nature of the ITU satellite filing process, Canadian access will depend on the prompt submission of follow-up filings of coordination information in accordance with the ITU Radio Regulations and procedures, successful international coordination of the satellite networks, and deployment of the satellites within strict regulatory time frames. In view of this, the Department will take into account the satellite network information to be provided by respondents in determining the coordination information that will be used to initiate the ITU satellite coordination process. Instructions for the submission of expressions of interest are provided in the referenced paper. To ensure expressions of interest are fully considered, they must be submitted to Industry Canada no later than 5:00 p.m. EDT, August 1, All expressions of interest received will be posted on the Industry Canada spectrum Web site within a few days of their receipt. This Gazette Notice and the referenced paper are available electronically via the Internet at the following address: World Wide Web (WWW) or can be obtained in hard copy, for a fee from DLS, St. Joseph Print Group, 45 Sacré-Coeur Boulevard, Hull, Quebec K1A 0S7, (Canada toll-free telephone), (Canada toll-free facsimile), (819) (Worldwide telephone), (819) (Worldwide facsimile). June 7, 2002 Jan Skora Director General Radiocommunications and Broadcasting Regulatory Branch

3 1. Introduction This paper, announced in the Canada Gazette on June 15, 2002, in Notice No. DGRB , invites interested parties to submit expressions of interest for orbital positions to use a new broadcastingsatellite service band ( GHz), along with its associated feeder link band ( GHz) and to provide satellite network information to initiate the international coordination of orbital positions to serve Canada. The Department believes this new broadcasting-satellite service (BSS) band GHz, along with its associated feeder link band GHz, used at appropriate orbital positions, is a valuable resource to advance the Canadian broadcasting system. Accordingly, on April 1, 2002, Industry Canada submitted filings with the International Telecommunication Union (ITU) for the advance publication of information with a view to gaining access for Canada to the spectrum at a number of positions in the geostationary orbital arc. Industry Canada invites interested parties to identify their satellite orbit and spectrum requirements to the Department by submitting expressions of interest and satellite network information. These expressions of interest will then be used to develop a process for making orbital positions available to satellite operators in order to serve the Canadian broadcasting system. Additionally, as Canadian access to these orbital resources will be subject to the first-come, first-served (FCFS) nature of the ITU satellite filing process, Canadian access will depend on the prompt submission of follow-up filings of coordination information in accordance with the ITU Radio Regulations and procedures, successful international coordination of the satellite networks, and deployment of the satellites within strict regulatory time frames. In view of this, the Department will take into consideration the satellite network information, which will be provided by respondents (or interested parties), in determining the coordination information that will be used to initiate the ITU satellite coordination process. All costs associated with the development and submission of expressions of interest and satellite information, including any requirements to provide supplemental information or to attend meetings at the request of the Department, are and will remain the responsibility of the interested parties. The Minister accepts no liability for any costs and expenses incurred by respondents in responding to this Call or in connection with any meetings, discussions or interviews. Respondents to this Call shall prepare and submit the required material at their own expense and with the express understanding that it cannot make any claim for reimbursement from the Government of Canada. 2. The Spectrum This Call pertains to an unplanned broadcasting-satellite service band, GHz (downlink), and the associated feeder link band, GHz (uplink), for which priority access to orbital/spectrum resources is subject to the ITU first-come, first-served process to coordinate satellites. 1

4 2.1 Broadcasting-Satellite Service Band GHz The radio frequency band GHz was allocated for Region 2 countries by the ITU to the broadcasting-satellite service at the 1992 World Administrative Radio Conference (WARC-92), along with the associated feeder link band. In 1994, these international allocations were incorporated into the Canadian Table of Frequency Allocations. 1 Although the spectrum was allocated 10 years ago in accordance with ITU regulations (ITU footnote 5.517), the earliest possible use of this band by the broadcasting-satellite service is April 1, The sub-band GHz is shared with other services on a primary basis, and a number of international and domestic allocation footnotes set out the sharing arrangements for its use. The ITU allocation footnote indicates among other things that after April 1, 2007, fixed-satellite service (space-to-earth) use of this sub-band in Region 2 shall not cause harmful interference nor claim protection from operating BSS systems. The Canadian allocation footnote C45 indicates that stations in the fixed service after April 1, 2007 shall not cause harmful interference nor claim protection from operating BSS systems. C45 also indicates that a bilateral arrangement between Canada and the United States limits the aggregate power flux density of emissions from fixed service stations in one country at the border with the other country. Canadian allocation footnote C46 places a power flux density limit on Canadian BSS emissions into the territory of the United States for protection of American fixed service systems. Although this latter power flux density limit may not constrain the provision of domestic BSS services, the Department will consult with the United States to address this restriction, in order to allow for more flexibility and the possibility to provide more extensive region-wide coverage. Additionally, as a matter of public policy, the Department is prepared to consider implementing in an appropriate time frame a moratorium on licensing new fixed service microwave installations in the band GHz and the development of a transition policy for displacing existing microwave installations in order to open the band for BSS systems. The band GHz is also used for feeder links in conjunction with Canadian Direct Broadcasting Satellites (DBS) authorized for operations in the band GHz from the 82 EW and 91EW orbital positions. These satellites and the associated feeder link earth stations (including transportable earth stations) will be permitted to continue using this band for feeder links until their end-of-life. Until then, any Canadian use of the GHz band for BSS downlinks at these two orbital positions would be subject to reaching coordination arrangements with the authorized operator of the satellites (Telesat Canada). Also, any operator of Direct Broadcasting Satellite/Direct-to-Home (DBS/DTH) services using the band GHz should be aware of the potential service interference by Bell ExpressVu uplink earth stations in Toronto, Ontario to consumer terminals, and the need to reach coordination arrangements to accommodate the operation of transportable uplink earth stations in reference to the DBS satellites using the band GHz. 1 See Extracts from the Canadian Table of Frequency Allocations in Annex I. 2

5 Finally, the impact of the uplink operation for the DBS service ( GHz) at 91 EW and 82EW into the new BSS service at GHz has to be taken into consideration. Canadian allocation footnote C47 2 provides an option for the eventual migration of feeder links for DBS satellites to the band GHz. Conditions for such use of this band would be the subject of a future policy review. 2.2 Feeder Link Band GHz The Canadian allocation footnote C44 identifies the band GHz as the spectrum available for feeder links to broadcasting-satellite service space stations using the band GHz. Licences to use spectrum from the band GHz (more specifically, the sub-bands GHz and GHz) were auctioned for broadband wireless across all regions of Canada and licensees have been granted 10 year licences starting in early Hence, the installation of feeder link earth stations in the sub-band GHz band will be subject to coordination in accordance with the provisions of Canadian allocation footnote C Developing a Strategy to Serve the Canadian Broadcasting System Industry Canada is guided by the telecommunications policy objectives set out in section 7 of the Telecommunications Act. In particular, the geostationary satellite orbital positions described in this Call for expressions of interest are considered valuable resources for the Canadian broadcasting system. These resources should be used for the development of satellite facilities that are capable of delivering reliable broadcasting services to Canadians in all regions of Canada visible from the orbital positions, and that will address the requirements of Canadian broadcasting undertakings to the greatest possible extent. Further, the implementation of these facilities should foster the future introduction of new and innovative broadcasting applications. 3.1 Canadian Access to Orbital Positions The attainment of full rights, internationally, for use of orbital positions in this new BSS spectrum is achieved through successful international coordination under the procedures of the ITU Radio Regulations. To attain these rights, and based on foreseen interest in using this new BSS band by the Canadian broadcasting system, Industry Canada submitted filings for a number of positions in the geostationary orbital arc on April 1, 2002, the earliest possible date for filing advance publication information for satellite networks using the available spectrum. These filings were for the following orbital positions: 72.5EW, 78EW, 82EW, 85EW, 91EW, 95EW, 99EW, 103EW, 107.3EW, 111.1EW, 114.9EW, 118.7EW, 129EW, and 138EW. As Canadian access to these orbital resources will be subject to the first-come, first-served nature of the ITU satellite filing process, Canadian access will depend on the timely submission of follow-up filings of coordination information in accordance with the ITU Radio Regulations and procedures, and the successful international coordination of the satellite networks. It should be noted that as the United 2 Also see Radio Systems Policy, RP-002, Policy for use of the Geostationary-Satellite Orbit by Canadian Satellite Networks. 3

6 States also filed advanced publication information on April 1, 2002 for positions on or near those filed by Canada 3, coordination of Canadian satellite networks with those of the United States will be required. As a result, to achieve the best conditions for successful coordination, it will be important that the Department submit coordination information to the ITU in a timely basis. Finally, under ITU regulations, the earliest possible implementation date for a satellite using this BSS spectrum is April 1, As Canada s filings were submitted on April 1, 2002, this April 1, 2007 date is also the latest possible implementation date for Canadian satellites. Hence, April 1, 2007 has been established as the in-service date for the satellites in Canada s filings to the ITU Invitation to Submit Expressions of Interest To assist in developing a strategy for making orbital positions available to serve the Canadian broadcasting system, the Department invites potential Canadian satellite operators to submit expressions of interest in using the above noted orbital positions. The Department will use these expressions of interest to more accurately forecast overall Canadian requirements for these orbital positions as well as to determine the specific positions deemed most valuable for the Canadian broadcasting system. Once these requirements are more clearly understood, the Department will be able to determine which orbital positions will be pursued in the international coordination process. It will further assist the Department to determine whether these positions may be released to interested parties using a first-come, first-served process or by using some other process in the near future should it be evident from the expressions of interest received that there is more interest in specific positions than can be accommodated. In their expressions of interest, respondents must provide information describing their status as a licensed Canadian broadcasting undertaking or a Canadian satellite carrier, including information on any existing or potential alliances or partnerships, or provide an outline of their plan to become such an undertaking or carrier. Respondents must clearly indicate the number of orbital positions and the specific satellite positions for which they are interested. For each specific position indicated, respondents must also indicate (1) why it would best serve the broadcasting interest that the specific position be obtained and (2) in order of preference, any alternative positions to the specific position that may be acceptable. If no alternative is acceptable, respondents should indicate reasons why. Respondents must also provide an overview of their satellite plans and the relationship of these plans to any satellite facilities currently used by the respondent, reserved under contract from a Canadian satellite operator, or otherwise assigned by the Department. Respondents, as prospective satellite operators, must also indicate the nature of their intended relationship with potential users of the satellite capacity and identify, to the extent possible, anticipated major users of their capacity. Finally, to the extent possible, 3 The United States filed for the use of the GHz BSS band and associated GHz feeder link band for the following positions: 91EW, 96.5EW, 101EW, 105.5EW, 107EW, 110EW, 114.5EW, 117EW, and 119EW. Further information on these filings submitted by the United States or other filings submitted by other administrations can be obtained at the ITU s Space Network List web site at: 4 The satellites must be brought into use within a maximum five year period from the receipt of advance publication information permitted by ITU regulation. Under certain circumstances, as set out in the ITURadio Regulations, Articles to 11.44I, this five year period may be extended by as much as two years. 4

7 additional information should be provided for each identified satellite position including: the potential design of the satellite network; its capacity; the anticipated in-service date and life expectancy of the potential satellite; the Canadian coverage areas; any potential non-canadian coverage areas; the associated transponder plan and antenna beam pattern; and the anticipated ground segment characteristics. 3.3 Submission of Coordination Information As indicated above, it is important that the Department submit coordination information to the ITU in a timely manner. In order to successfully coordinate potential Canadian satellite systems, the information submitted to the ITU should reflect the technical design of the respective commercial satellites intended for operation. To this end, all respondents to this Call are also required to provide, for each satellite position identified in their expressions of interest, including for any alternate positions identified, the information set out in Appendix 4 of the ITU Radio Regulations respecting their proposed satellite network. The Department will then take into account the satellite network information provided by all respondents to determine the coordination information that will be submitted by the Department to the ITU. 3.4 Eligibility to Participate in this Call The Department will consider expressions of interest from all parties that are, or are able to become, a Canadian broadcasting undertaking licensed under the Broadcasting Act or a Canadian satellite carrier operating as a Canadian radiocommunication service provider licensed under the Radiocommunication Act. It should be noted that to be eligible to hold a radio authorization for a satellite described in this Call, the satellite operator would be required to demonstrate compliance, and to further comply on an ongoing basis, with the Canadian ownership and control requirements set out in section 10(2)(d) of the Radiocommunication Regulations. 3.5 Expected Conditions of Licence Consistent with other authorizations granted for the development and operation of Canadian space stations, Industry Canada would impose as a minimum the following expected conditions of licence: Licensees must comply with any satellite implementation milestones; Licensees must operate the satellite facility either as part of the infrastructure for a Canadian broadcasting undertaking or as a Canadian telecommunications common carrier to serve Canadian broadcasting needs. For broadcasting undertakings, licensees must hold or intend to hold a broadcasting licence from the CRTC, and for satellite telecommunications common carriers, licensees must comply on an ongoing basis with the Canadian ownership and control requirements set out in section 10(2)(d) of the Radiocommunication Regulations; 5 5 Canadian broadcasting undertakings must meet similar Canadian ownership and control requirements under the Broadcasting Act. 5

8 Licences may not be transferred or assigned without full review of the application by the Department and authorization of the Minister; Licensees must operate the satellite facilities to serve all regions of Canada, including northern Canada, visible from the assigned satellite orbital position; Licensees must participate, at their own expense, in the coordination of satellite networks with other Canadian satellite and terrestrial networks and with the satellite and terrestrial networks of other countries; Licensees must offer satellite capacity as a Canadian telecommunication common carrier, or as a Canadian broadcasting undertaking acting as a telecommunication common carrier respecting the disposition of satellite capacity beyond their own requirements, on a non-discriminatory basis to other licensed Canadian broadcasting undertakings; Licensees must make fair and reasonable efforts to develop, promote and purchase satellite network components from Canadian manufacturers; Licensees must direct a minimum of two percent of adjusted gross revenues resulting from the lifetime operation of the satellite at serving public institutions in underserved areas; Licensees must submit progress reports providing an update on the implementation of the satellite facilities/services and indicating continued compliance with all licence conditions. Other conditions of authorization may be required to reflect any operational, regulatory or technical requirements. 4. Instructions for Submissions 4.1 Non-Confidential Expressions of Interest All expressions of interest received, along with the satellite network information, will be posted on the Industry Canada s Spectrum Management and Telecommunications Web site. The Department recognizes that certain portions of submissions may be considered confidential by respondents. In these instances, respondents must clearly identify, and submit as a separate package, the information they consider confidential, for consideration by the Department. Any information, or part thereof, that the Department determines is not covered by the Privacy Act or Access to Information Act (including in particular subsection 20(1) of that Act) may also be posted on the Department s Web site. 4.2 Format All submissions must refer to Canada Gazette Notice DGRB , clearly identify the respondent, and provide the name of a person who can be contacted regarding the expression of interest, with a corresponding mailing address, electronic mail address, telephone and fax numbers. 6

9 Respondents are required to provide one paper copy and one electronic version of their expression of interest. The Department requires that electronic versions be in one of the following formats: WordPerfect; Microsoft Word; or Adobe PDF. Respondents may also submit the satellite network information described in section 3.3 in electronic format using the ITU data capture software available at the ITU website: Deadline Expressions of interest must be received by the Department at the address noted in section 4.5 no later than 5:00 p.m. EDT on August 1, Public Access to Documents Every effort will be made to post all expressions of interest on the Spectrum Management and Telecommunications Web site at Industry Canada for public viewing within a few days of their receipt, at the following Internet address: World Wide Web (WWW) Copies may also be obtained in hard copy, for a fee from DLS, St. Joseph Print Group, 45 Sacré-Coeur Boulevard, Hull, Quebec K1A 0S7, (Canada toll-free telephone), (Canada toll-free facsimile), (819) (Worldwide telephone), (819) (Worldwide facsimile). 4.5 Departmental Address/Contact Chantal Beaumier Director Space and International Regulatory Activities Radiocommunications and Broadcasting Regulatory Branch Industry Canada 15 th Floor - Jean Edmonds Tower North 300 Slater Street Ottawa, Ontario K1A 0C8 7

10 Issued under the authority of the Radiocommunication Act June 7, 2002 Jan Skora Director General Radiocommunications and Broadcasting Regulatory Branch 8

11 DBS Band GHz GHz Annex I Extracts from the Canadian Table of Frequency Allocations BROADCASTING BROADCASTING-SATELLITE C43 C47 FIXED FIXED-SATELLITE (space-to-earth) S5.487A S5.488 S5.490 S5.492 C16B New BSS Band GHz GHz BROADCASTING-SATELLITE FIXED-SATELLITE (Earth-to-space) S5.516 Radiolocation S5.515 S5.517 C43 C44 C GHz BROADCASTING-SATELLITE C46 FIXED C45 FIXED-SATELLITE (space-to-earth) (Earth-to-space) S5.516 S5.515 S5.517 C43 C44 C47 New DBS Feeder Link Band GHz GHz FIXED FIXED-SATELLITE (space-to-earth) (Earth-to-space) S5.484A S5.516 C16A C43 C GHz FIXED FIXED-SATELLITE (space-to-earth) (Earth-to-space) S5.484A S5.520 S5.519 C16A C43 C47 9

12 New BSS Feeder Link Band GHz GHz FIXED-SATELLITE (Earth-to-space) S5.542 C44 C GHz FIXED FIXED-SATELLITE (Earth-to-space) S5.542 C44 C47 International Footnotes: S5.488 The use of the bands GHz by the fixed-satellite service in Region 2 and GHz by the broadcasting-satellite service in Region 2 is limited to national and subregional systems. The use of the band GHz by the fixed-satellite service in Region 2 is subject to previous agreement between the administrations concerned and those having services, operating or planned to operate in accordance with the Table, which may be affected (see Articles S9 and S11). For the use of the band GHz by the broadcasting-satellite service in Region 2, see Appendix S30. S5.490 In Region 2, in the band GHz, existing and future terrestrial radiocommunication services shall not cause harmful interference to the space services operating in conformity with the broadcasting-satellite Plan for Region 2 contained in Appendix S30. S5.492 Assignments to stations of the broadcasting-satellite service in conformity with the appropriate regional Plan in Appendix S30 may also be used for transmissions in the fixed-satellite service (space-to-earth), provided that such transmissions do not cause more interference or require more protection from interference than the broadcasting-satellite service transmissions operating in conformity with this Plan. With respect to the space services, this band shall be used principally for the broadcasting-satellite service. (WRC-97) S5.515 In the band GHz, sharing between the fixed-satellite service (Earth-to-space) and the broadcasting-satellite service shall also be in accordance with the provisions of 1 of Annex 4 of Appendix S30A/30A. S5.516 The use of the band GHz by geostationary-satellite systems in the fixed-satellite service (Earth-to-space) is limited to feeder links for the broadcasting-satellite service. For the use of the band GHz in Region 2 by feeder links for the broadcasting-satellite service in the band GHz, see Article S11. The use of the bands GHz (Earth-to-space) in Regions 1 and 3 and GHz (Earth-to-space) in Region 2 by non-geostationary-satellite systems in the fixed-satellite service is subject to the provisions of Resolution 538 (WRC-97). S5.517 In Region 2, the allocation to the broadcasting-satellite service in the band GHz shall come into effect on 1 April After that date, use of the fixed-satellite (space-to-earth) service in the band GHz shall not claim protection from and shall not cause harmful interference to operating systems in the broadcasting-satellite service. S5.520 The use of the band GHz by the fixed-satellite service (Earth-to-space) is limited to feeder links for the broadcasting-satellite service. S5.542 Additional allocation: in Algeria, Saudi Arabia, Bahrain, Bangladesh, Brunei Darussalam, Cameroon, China, the Congo, the Republic of Korea, Egypt, the United Arab Emirates, Eritrea, Ethiopia, Guinea, India, the Islamic Republic of Iran, Iraq, Japan, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Mauritania, Nepal, Pakistan, the Philippines, Qatar, Syria, Democratic People's Republic of Korea, Somalia, Sudan, Sri Lanka and Chad, the band GHz is also allocated 10

13 to the fixed and mobile services on a secondary basis. The power limits specified in Nos. S21.3 and S21.5 shall apply. (WRC-97) Canadian Footnotes: C16A (CAN-00) The use of spectrum for fixed satellite services in the bands MHz, GHz and GHz in the space-to-earth direction and MHz, GHz, and GHz in the Earth-to-space direction, is presently limited to large antenna earth stations located in areas outside of urban centres. Domestic implementation of fixed-satellite services in these bands will be governed by spectrum utilization policies which will be formulated in the future. These policies will consider existing services, ITU Radio Regulations and operating criteria for sharing between services and systems. C16B (CAN-00) Geostationary orbit networks principally providing domestic fixed satellite services utilize the conventional bands GHz and GHz in the space-to-earth direction and paired, respectively, with the bands GHz and GHz in the Earth-to-space direction. Broadcasting satellite networks providing domestic services utilize the band GHz in the space-to-earth direction. Domestic implementation of nongeostationary fixed-satellite services in these bands will conform to future ITU Radio Regulations and operating criteria for sharing between services and systems. In addition, non-geostationary FSS use of the band GHz which is shared with the fixed service on a coordinated basis will be governed by spectrum utilization policies which will be formulated in future. C43 (CAN-94) In the bands GHz and GHz the fixed-satellite service (Earth-to-space) is limited to feeder links to broadcasting-satellite space stations operating in the GHz band (See C47). C44 (CAN-00) Feeder links to broadcasting-satellite space stations operating in the band GHz shall be implemented in the band GHz. In areas where fixed systems have been licensed using a competitive process, future earth stations (Earth-to-space) in the band GHz will be permitted provided that such installations will not cause interference to any fixed service to be deployed in the authorized service area. C45 (CAN-94) In the band GHz Canadian stations in the fixed service shall not claim protection from and shall not cause harmful interference to Canadian domestic stations operating in the broadcasting-satellite service after 1 April In addition, to protect broadcasting-satellite receiving stations in Canada and in the United States, the aggregate power flux density from fixed systems of one country shall not be greater than -109 db (W/m2) over any 1 MHz band in any area within the other country where the broadcasting-satellite service is used. C46 (CAN-94) In the band GHz Canadian broadcasting-satellite space stations shall not radiate into territory of the United States administration a power flux density greater than that specified by ITU Regulation No Similarly, to protect Canadian fixed systems, transmissions from broadcasting-satellite space stations of United States operators can be expected to be limited in the same way in Canadian territory. C47 (CAN-94) Feeder links to broadcasting-satellite systems operating in the GHz band are limited to the band GHz, unless it is necessary to use another band because of the operation or planned operation of a (downlink) broadcasting-satellite system in the GHz band. The choice of which feeder-link band to use shall take into account the planned lifetime of the associated space-station. If for the above reason the band GHz is not available, either the band GHz or the band GHz shall be used. The choice between these latter two bands should take into account the need to coordinate the band GHz with other primary services, and the need to use the band GHz for the provision of feeder links to broadcasting-satellite systems operating in the band GHz. 11