S-24214470-71Elizabeth II2021-2022An Act to amend the Radiocommunication ActAn Act to amend the Radiocommuncation Act20223
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Senator PATTERSON4412134SUMMARYThis enactment amends the Radiocommunication Act to require spectrum licence holders to deploy the spectrum to at least 50% of the population within the geographic area covered by the spectrum licence.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:R.S., c. R-2Radiocommunication ActThe Radiocommunication Act is amended by adding the following after subsection 5(1.1):Condition of spectrum licences issuedIt is a condition of every licence issued under subparagraph (1)(a)(i.1) — other than a licence in respect of the utilization of radio frequencies within a Tier 5 service area as described in Canada Gazette notice DGSO-006-19, Decision on a New Set of Service Areas for Spectrum Licensing, published on July 23, 2019 — that the holder must deploy the spectrum to provide service to at least 50% of the population within the geographic area covered by the spectrum licence within three years of the licence’s issuance.Radiocommunication ActNew.The Act is amended by adding the following after subsection 5(2):Revocation of spectrum licenceDespite subsection (2) and subject to subsection (4), the Minister may, if the Minister is satisfied that the holder of a spectrum licence has not complied with the condition set out in subsection (1.11), revoke the licence by providing a notice of revocation to the holder that specifies the effective date of the revocation as determined under subsection (5).Condition for revocationThe Minister must not revoke a spectrum licence under subsection (3) unless the Minister has given written notice to the holder and has provided the holder with a reasonable opportunity to make representations to the Minister with respect to the notice. Effective dateThe effective date of a notice of revocation provided under subsection (3) is,if the holder is not using the spectrum licence to provide any service to the population within the geographic area covered by the spectrum licence, the day on which the notice of revocation is sent by the Minister; orin any other case, 180 days after the day on which the notice of revocation is sent by the Minister.Pending revocationDuring the period, if any, between a notice of revocation provided under subsection (3) and its effective date, the Minister may consent to an arrangement under which the holder of the spectrum licence arranges for the provision of the service to the population within the geographic area covered by the licence to be assumed by another person.Civil liabilityIf the holder of a spectrum licence that is to be revoked under subsection (3) is unable to arrange for service to be assumed by another person, that holder is liable for any loss or damage suffered by any person within the geographic area covered by the licence and may be sued for damages in a court of competent jurisdiction unless that holder has surrendered the licence to the Minister by written notice. Despite subsection (2), a licence surrendered upon written notice is deemed to be revoked on the day the notice of surrender was sent.Reissuance of spectrum licenceIf a spectrum licence has been revoked under subsection (4), the Minister must, within 60 days of the effective date of the notice of revocation, use a system of competitive bidding to select the person to whom the licence will be reissued.Transitional ProvisionRetrospective effectSubject to subsection (2), subsection 5(1.11) of the Radiocommunication Act applies in respect of any licence issued under subparagraph 5(1)(a)(i.1) of that Act that is in force immediately before this Act comes into force.Deemed issuanceA licence referred to in subsection (1) is, for the purpose of subsection 5(1.11) of the Radiocommunication Act, deemed to have been issued on the day on which this Act comes into force.