Industry Canada has proposed changes to spectrum allocations governing bandwidth used by both fixed terrestrial services and fixed satellite services. While most Canadian interested parties believe the proposed changes are the best move for the country, Telesat Canada and American Air TV Ltd. don’t think so. The following is an excerpt of comments filed on behalf of Air TV by Ottawa law firm Johnston & Buchan LLP.   In its discussion of BSS feeder links in the band 17.8 to 18.4 GHz at pages 50 to 53 of the Notice, Industry Canada is proposing to delete the phrase “…in the space-to-Earth direction” in the first sentence of Canadian footnote C16D. While this proposal may be viewed as a logical extension of the current policy of soft segmentation of this band, as between the FSS and FS, the practical effect of such a change is to render the FSS secondary for uplink purposes in a band of key importance to the Air TV network. The frequency allocations in Article 5 of the ITU Rules and Regulations allocates the band 18.1 to 18.4 GHz to BSS feeder stations on a worldwide basis. Consistent with those allocations, Industry Canada on behalf of Air TV has filed three BSS satellite applications to the ITU-R, in which the 18.1 to 18.4 GHz band is used for uplink, feeder station operations.  Two of the feeder stations together with the requisite TT&C stations will be locations in Canada. The precise locations of these transmitting earth stations have not been determined at this time, but one will be on the west coast and the other somewhere in eastern Canada. These two stations are required to feed satellites located over the Atlantic and Pacific Oceans as well as a third one providing service to North America. Air TV will therefore have only a few very large aperture antennas in Canada and it should not be difficult for FS systems to coordinate successfully with them.  It is risky and impractical to build a major broadcast facility/feeder station with the prospect that it may have to be moved due to potential interference. This would constitute an unacceptable financial and operational hardship to the BSS operator. And that is a definite possibility if FS has priority over the FSS for uplink as well as downlink purposes. As the Department is well aware, the development of satellite systems, especially ones with global reach, take years to bring to fruition.  Terrestrial links can be deployed much quicker and, before anyone realizes it, what were planned and acceptable locations for very large diameter feeder links can be rendered unfit because of interference from terrestrial stations.  Furthermore it can be demonstrated that the impact of a small number of large aperture feeder stations operating within Canada would not represent a significant threat to FS operations that may share the band.  Accordingly we submit that leaving Canadian footnote C16D unchanged, whereby the FSS retains priority over FS in the uplink direction only, would not have a significant effect on the roll out of FS services in this band. For the reasons outlined above, the proposed change could place severe financial and operations constraints on BSS operators using this band for feeder link stations.  Canadian footnote C16D was adopted only recently after extensive discussion in the context of SP 3-30 GHz. It makes little sense in our view to amend it so soon after its adoption and without, to our knowledge, there being representations from interested persons in that regard. We urge the Department to reconsider its proposal and to leave this footnote unchanged.