With its large land mass, Canada is dependent on satellites for the delivery of communications services.  Canadian satellite policy objectives include ensuring there is sufficient capacity to meet the needs of Canadian telecommunications and broadcasting services, including those for Northern Canada.  The development of a Canadian satellite infrastructure to allow satellite operators and service providers to advance their offerings in Canada and beyond is also an important objective.   The development of fixed-satellite service (FSS) spectrum and the regulatory framework supporting FSS licensing activities are critical to achieving these objectives.  This paper provides a summary of regulatory approaches implemented in Canada for licensing FSS.  More detailed information can be found at http://citel.oas.org/seminar-p2/P2!R-1768p1_i.   

Canadian Satellites.  Where we see competition for access to the spectrum and orbital positions, Canada's approach for assigning spectrum at orbital positions is to use comparative licensing to select satellite operators to develop the spectrum.  Our evaluation and selection criteria include eligibility, technical and financial viability, applicant competencies and benefits to Canadians factors.  First-come, first-served licensing is used as well, where competition for access is not foreseen.

At this time, there are 20 satellites (of which 7 are FSS) operating under Canadian satellite licences.  Another 15 satellites have been approved last year, most of them following a comparative licensing initiative launched in 2006; 4 of which will use FSS spectrum.  Some of these approved satellites will replace others in service now, but most represent investments by satellite operators in new satellites.

Earth Stations.  Most fixed earth stations in Canada, as broadcast and other receive-only stations, are exempt from any requirement for licensing.  For transmitting earth stations, a radio licence is issued for each station.  Streamlined licensing processes are available where many stations with the same technical characteristics are involved, such as for VSAT systems and broadband terminals using Ku and Ka band spectrum.

Foreign Satellites.  Authorization to use foreign satellites is granted through the issuance of earth station licences.  To facilitate the use of foreign satellites in Canada, Industry Canada has instituted a pre-approval process for foreign satellites.  About 75 foreign satellites have been approved through this process.  Criteria that are considered in this process include whether the use of spectrum is in accordance with Canadian spectrum policies, whether the satellite is licensed by a member of the WTO, and whether the satellite has been coordinated internationally.

Mobile Use of FSS Ku Band.  There is an increased interest in using FSS Ku band for mobile services.  Most recently, we have received applications to support broadband services to Canadian and foreign aircraft and ships while in Canada, and onboard Canadian ships while outside Canada.  Industry Canada is looking at these applications favourably, but has not concluded on all of them.   

Acquisition of Foreign Commercial Satellites.  Over the past several years, Canadian satellite operators have acquired foreign satellites for their own use, and have leased Canadian satellites to foreign operators.  For acquiring foreign satellites, the Canadian regulatory approach requires that the satellite must meet domestic criteria for licensing, including direction or control of the satellite by Canadians.  For Canadian satellites being operated outside Canadian jurisdiction, it is important that, at all times, the satellite remain under the authority of an administration acting in accordance with the ITU framework, that the satellite be operated consistent with best practices to minimize risks associated with liability and the protection of the geostationary orbit from debris. In all cases, an exchange of letters between administrations has facilitated the acquisition.

Conclusion.  Canada has implemented a comprehensive regulatory framework for licensing FSS satellites over the years but we must be prepared to re-examine and amend if necessary this framework to respond to new realities and challenges.  

Chantal Beaumier
Director of Space and International
Regulatory Activities
Industry Canada