Innovation, Science and Economic Development Canada ("ISED") has taken a significant step toward establishing a framework for authorizing satellite operators to partner with terrestrial wireless providers to offer supplemental mobile coverage by satellite ("SMCS") in Canada. On June 17, 2024, the Spectrum Management and Telecommunications branch of ISED initiated a public consultation (the "Consultation") on a policy, licensing and technical framework intended to support the expansion of wireless network coverage and mobile services through SMCS.
Background
ISED's consultation follows steps by other international regulators to address regulatory issues to support the use of satellites to extend coverage beyond existing terrestrial mobile networks. Notably, in March 2024, the U.S. Federal Communications Commission adopted a Report and Order and Further Notice of Proposed Rulemaking (FCC 24-28, GN Docket No. 23-65) to establish a framework for integrating satellite and terrestrial networks in frequency bands currently allocated for terrestrial flexible use services.
The remainder of this bulletin provides a high-level summary of the structure of the Consultation and the key themes and questions ISED is considering as it establishes its SMCS framework.
Spectrum Policy Framework
In selecting frequency bands for which the proposed SMCS framework will apply, ISED is considering the following issues:
- regional and/or international harmonization;
- stakeholder interest;
- benefit to Canadians;
- minimizing potential interference concerns; and
- technology trends and potential limitations.
ISED is seeking comments on application of the proposed SMCS framework to the following bands: 600 MHz; portions of the 700 MHz band; 800 MHz cellular; Advanced wireless services AWS-1; Advanced wireless services AWS-3; and Personal communication systems (PCS). The Consultation also provides respondents with the opportunity to comment on whether there are additional bands that are appropriate for the SMCS framework, as well as on the role of SMCS in enhancing network reliability and resilience and supporting emergency roaming (including the provision of 9-1-1 access).
SMCS Licensing Framework
Noting that SMCS falls within the definition of mobile satellite services ("MSS") which is governed by an established licensing and fee framework for satellites communicating with mobile devices in bands that are already allocated to MSS (e.g. L-band), ISED proposes to follow the existing MSS licensing approach for SMCS through separate authorizations for satellites and earth stations (e.g. handsets). Consistent with this, ISED proposes and seeks comments on eligibility requirements and conditions for Canadian SMCS space station authorizations, foreign satellite SMCS market access authorizations and generic SMCS earth station authorizations. Proposed eligibility requirements include an agreement between the Canadian mobile service provider (and SMCS earth station licence holder) and the SMCS satellite operator, as well as mandatory agreement terms, including non-exclusivity. ISED also seeks comment on whether mandatory terrestrial roaming conditions should be extended to SMCS and if so, the time frame for introducing this requirement. Finally, ISED proposes that existing satellite and earth station licensing fees "are appropriate for SMCS licences at this time."
Technical Considerations
The Consultation seeks comments on the sufficiency of existing technical requirements for user equipment (such as mainstream consumer mobile handsets) for SMCS. It also seeks comments on technical requirements with respect to SMCS space stations, and the approach to coordination and interference resolution, protection of radio astronomy services, and cross-border co-existence.
Implementation and Next Steps
ISED intends the new SMCS framework to take effect on April 1, 2025. Recognizing the value of trials and early deployments of enhanced communications services, ISED states that it will consider issuing interim SMCS authorizations on a case-by-case basis until the framework takes effect.
Respondents to the Consultation must submit their comments no later than September 13, 2024. Reply comments will be accepted until October 25, 2024, unless ISED extends the reply deadline because it seeks additional information from respondents.
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