Potential battle shaping up between Canada and U.S. over satellite spectrum

Canada and the United States could be headed for a battle over valuable, soon-to-be-released satellite spectrum, as both countries vie for the spectrum in the same satellite orbital slot. Spectrum regulatory bodies from both countries have applied for access to the broadcasting-satellite services (BSS) band (17.3-17.8 GHz) in the 91 degrees west orbital position – a position currently occupied by broadcasting satellite Nimiq, which is owned and operated by Telesat Canada. The Federal Communications Commission, itself, has filed for access to nine positions. Some of the Expected Licence Conditions Licensees must operate the satellite for a Canadian broadcasting undertaking or as a Canadian telecommunications common carrier to serve Canadian broadcasting needs and must comply with the Canadian ownership rules 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 possible, including northern CanadaLicensees must participate, at their own expense, in the coordination of satellite networks with domestic and international satellite and terrestrial networks Licensees must offer 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 per cent of adjusted gross revenues resulting from the lifetime operation of the satellite at serving public institutions in under-served areasThe FCC has applied for access to BSS spectrum in the following orbital positions: 91°W, 96.5°W, 101°W, 105.5°W, 107°W, 110°W, 114.5°W, 117°W and 119°W. Several of these positions are also in close proximity to Canadian-owned positions. Earlier this month, Industry Canada announced its intention to initiate a call for expressions of interest to develop the spectrum in 14 different orbital slots (RoW, June 11/02), nine of which are already under Canadian control (DGRB-003-02). On June 15, the official call was made and respondents have until Aug. 1, 2002 to file submissions. The entire BSS band won’t become officially available until April 1, 2007. While it’s still too early to tell how the battle will shape up or even if there will be a fight at all, the Canadian government likely has the upper hand since it already controls this particular orbital slot. Industry Canada will use the expression of interest process to gauge which slots will need to go through the international coordination process. "It will further assist the department to determine whether these positions may be released on 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," the department writes in its June 15 call. Department places stringent conditions on applicants Industry Canada is also making prospective applicants provide it with as much information as possible and understand the licence conditions (see box). Respondents are required to provide an overview of their satellite plans and the relationship these plans have to any satellites currently in use by the respondent. They must also describe the relationship with potential users of the satellite capacity and identify, if possible, potential users. The department is also requiring some technical information such as satellite network design, capacity, non-Canadian coverage, transponder plan and antenna beam pattern, and the anticipated ground segment characteristics.

Potential battle shaping up between Canada and U.S. over satellite spectrum

News | 06/24/2002 4:00 am EDT

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