ISED releases decisions on licensing and fee framework for Earth Stations and Space Stations

Innovation, Science and Economic Development Canada (ISED) has published its much anticipated decisions on licensing and fee framework for Earth Stations and Space Stations in Canada after consulting with stakeholders. ISED's decisions have received a mixed reaction. In releasing its decisions in a 54 page document and online, ISED aims to modernize and streamline the process of getting Earth Stations and Space Stations licensed. It is also part of ongoing updates to policy decisions coming from several government departments. SpaceQ contacted several organizations to gage the response to the decisions. Most would not go on the record, and the response was mixed. We did however get comments from Telesat and Kepler Communications. Telesat, a stalwart in the Canadian telecom community, was very much favourable of the ISED decisions. Stephen Hampton, Head of Public Policy, said "Telesat commends the Government of Canada for their extensive review of the satellite licensing framework which recognizes the vital role satellites play in supporting universal access. We applaud the government for its leadership and framework decisions that will ensure all Canadians have access to affordable, high-speed Internet connectivity." On the other hand, Kepler Communications, a growing startup with much promise was less enthusiastic. A public relations representative of the company provide us this statement, "the incremental improvements adopted by ISED are a step forward, but ultimately do little to modernize a regulatory framework ISED itself recognizes has remained stagnant for over 30 years. Certain rules adopted, particularly those relating to licensing fees, even serve to dissuade participation in the Canadian space market in relation to other markets. It is unfortunate that despite the potential offered by the Consultation, the adopted changes are ultimately unlikely to contribute to fostering a desirable framework for new operators seeking to provide services in Canada." The decisions are outlined below followed by the document available to read online or download. ISED Decisions Section 6.1 - Introduction of spectrum licensing for earth stations Decision 1 ISED will adopt a spectrum licence model to authorize fixed and transportable earth stations and ESIMs within the Canadian territory, with multiple earth stations authorized under a single licence. Earth station spectrum licences will include the frequency range, the type of service(s), and the satellite(s) with which the earth station(s) can communicate. ISED will issue the proposed spectrum licences for a Canada-wide service area, including Canadian air space and waters where the Radiocommunication Act applies. ISED will apply the general conditions of licence that are listed in annex A to earth station spectrum licences. Additional specific conditions of licence based on the earth station type are addressed in sections 6.2 and 6.3. Section 6.2 - Earth station spectrum licences requiring site approval Decision 2 ISED will require spectrum licences requiring site approval for the following earth stations, regardless of their band of operation: stations conducting TT&C functions for associated satellite networks and systemsgateway and feeder link stations for FSS, BSS and MSSlanding stations used to backhaul telecommunications services within a community hub model, where local distribution is done by terrestrial servicescustomer user terminals (consumer or business) operating in bands not eligible for generic licensingany other earth stations operating in bands not eligible for generic licensing ISED will require that the technical information set out in annex B be provided for site-approved earth stations operating under a spectrum licence before the stations become operational. ISED’s approval must be sought every time the technical information for a station needs to be modified before the new modifications take effect. The final technical requirements will be defined in the relevant CPC. ISED will not require that spectrum licences requiring site approvals align with spectrum blocks, as prescribed in terrestrial SRSPs. Section 6.3 - Spectrum licences for generic earth stations Decision 3 ISED will implement spectrum licences for generic earth stations for the following types of earth stations (see annex C): user terminals (consumer or business)ESIMsreceive-only earth stations operating as part of an enterprise network that supports content and broadcasting distribution, and operating in accordance with SLPB-002-21, Decision on the Technical and Policy Framework for the 3650-4200 MHz Band and Changes to the Frequency Allocation of the 3500-3650 MHz Bandtransportable earth stationscertain sensor networks in specific frequency bands, as defined in section 6.3.1 ISED will authorize, under a single licence, different models of earth stations operating in the same bands if the stations are considered “identical”. ISED will issue, to a given licensee, a single generic earth station licence for multiple sets of identical stations. ISED will require the submission of information to assess compliance with SRSP-101 as part of a licence application for ESIMs and fixed earth stations intended for self-installation by consumers. ISED will continue to license ESIMs on a no-interference, no-protection basis. ISED may require technical information before licensing of transportables, on a case-by-case basis. ISED will require all licensees holding spectrum licences for generic earth stations to provide technical and location information on their stations if requested at any time during the licence term. Section 6.3.1 - Frequency bands where generic spectrum licences will be available Decision 4 ISED will allow generic spectrum licensing systems of identical fixed earth stations and ESIMs in certain bands as discussed above and listed in annex D. Decision 5 ISED will permit the generic licensing of fixed earth stations in the meteorological satellite service in the 401-403 MHz band as discussed above and listed in annex D. ISED will require licensees in the 401-403 MHz band to provide certain station-specific information. Section 6.3.2 - Additional conditions for ESIMs and earth stations installed by consumers Decision 6 ISED will require ESIM licensees to provide a contact that will be available to respond to interference issues 24 hours a day, 7 days a week. The contact may be a general contact associated with an operations centre, as long as that contact is monitoring operations and can respond at all times. ISED will require applicants to submit technical information needed to confirm compliance with SRSP-101 when they apply for generic spectrum licences for ESIMs and for fixed earth stations intended for self-installation by consumers. Licensees will be required to continue to comply with the requirements set out in SRSP-101 throughout the licence term. ISED will not develop an RSS at this time. ISED will monitor developments in this area and will reassess the need as appropriate. Section 6.4 Introduction of spectrum licensing for space stations for all satellite services Decision 7 ISED will introduce spectrum licensing for space stations in all satellite services, with licences authorizing the radio service, the frequency band(s), the orbital location and a coverage area. ISED will set the licence term on a case-by-case basis for satellites that are not FSS, BSS or MSS. ISED will apply the existing conditions of licence for space stations to the new spectrum licences. (The existing conditions are published as “N2 – Space station licences” on the Spectrum Management and Telecommunications website.) Section 6.4.2 FSS feeder link spectrum used by space stations in the MSS Decision 8 ISED will issue space station spectrum licences to authorize FSS feeder link and/or TT&C spectrum used by satellites to support MSS, with licences issued immediately after a favourable licensing decision and fees becoming payable only once the satellites are launched and in operation. ISED will require spectrum licences for new MSS space stations to comply with the rules on minimum holdings as defined in RP-008 for FSS feeder link spectrum. ISED will not impose this requirement on existing MSS licensees already authorized and operational at the time of the publication of the Decision. Section 6.4.3 Changes to spectrum licences for MSS space stations Decision 9 ISED will issue spectrum licences instead of approvals in principle for MSS satellites, with licences issued immediately once an application has been accepted and with fees payable only once satellites are launched and operational. ISED will issue spectrum licences for MSS satellites with a 20-year term. ISED will issue separate spectrum licences for MSS satellites and earth stations, with each licence assigned a fee. Section 6.5 Types of licences required Decision 10 ISED will issue the three types of satellite-related spectrum licences separately and assign a separate fee to each. ISED will allow communication with multiple GSO satellites on a single site-approved earth station spectrum licence. ISED will allow communication with multiple NGSO satellites on a single generic earth station spectrum licence. ISED may allow communications with GSO and NGSO systems on a single generic earth station licence on a case-by-case basis. Section 7.2.1 Earth stations requiring site approvals Decision 11 ISED will assign a consumption-based fee to earth station spectrum licences, where site approval is required, as follows: below or equal to 1 GHz: $2000/MHzabove 1 GHz and below or equal to 3.4 GHz: $100/MHzabove 3.4 GHz and below or equal to 7.075 GHz: $20/MHzabove 7.075 GHz and below or equal to 17.3 GHz: $10/MHzabove 17.3 GHz and below or equal to 51.4 GHz: $5/MHzabove 51.4 GHz: $1/MHz Section 7.2.2 Generic earth stations for fixed earth stations and ESIMs Decision 12 ISED will assign a consumption-based fee at a rate of $5/MHz to generic earth station spectrum licences for fixed earth stations, transportables and ESIMs. Section 7.3 Spectrum licence fees for MSS earth stations Decision 13 ISED will modify the existing consumption-based fee for spectrum licences for MSS earth stations operating in the bands allocated to MSS, as follows: at or below 3 GHz: $1500/MHzabove 3 GHz: $5/MHz ISED will assign fees for spectrum licences for MSS earth stations based on spectrum that is secured through international coordination, allocated to service providers by the satellite operator, and available for use. Section 7.4 Spectrum licence fees for space stations Decision 14 ISED will assign a consumption-based fee of $124.84/MHz to all space station spectrum licences in all services and frequency bands. The spectrum licence fee would become payable only once satellites are launched and operational. Section 7.4.1 Two-step fee for space station spectrum licences for NGSO systems Decision 15 ISED will introduce a two-step fee for space station spectrum licences for constellations of NGSO satellites in any satellite service that is subject to phased deployment milestones: The first fee step of $62.42/MHz will apply from the launch of the first satellite up until the deadline for the milestone, which marks the full deployment of the constellation, typically year 9.The second fee step, currently at $124.84/MHz, will apply thereafter and will continue until the end of the licence term. Section 7.5 Minimum spectrum licence fees and developmental spectrum licences Decision 16 ISED will introduce a minimum annual spectrum licence fee of $160/year for earth stations and $300/year for space stations for each frequency band and will apply these fees whenever the application of the consumption-based fee model would result in a fee lower than these amounts. ISED will apply an annual flat fee of $160/year for earth station spectrum licences for radio astronomy sites, regardless of the amount of spectrum authorized. Decision 17 ISED will issue developmental licences on a no-interference, no-protection basis. Such licences must generate no revenue and be used for research and development, experimentation, or technology demonstration purposes. ISED will introduce developmental spectrum licence fees for earth stations and space stations at a flat rate of $160/year and $300/year respectively. Section 8.1 Prorated fees and short-duration licences Decisions 18 ISED will issue temporary spectrum licences for periods of less than one year. ISED will assign a prorated fee of 1/12th of the total annual fee per month to new, amended, and temporary licences, with the lowest fee possible being $160 for earth stations and $300 for space stations for each frequency band. Section 8.2 Service standards and remissions Decision 19 ISED will establish the following service standards: Spectrum licences for earth stations requiring site approval: 77 daysSite approvals of earth stations under a spectrum licence: 49 daysSpectrum licences for generic earth stations: 126 daysSpectrum licences for space stations: 126 daysApproval of additional sites under an existing spectrum licence for earth stations requiring site approval: 49 days