ISED hears further efforts needed in consultation on Indigenous Priority Window for spectrum

Multiple Indigenous groups and advocates have told the department of Innovation, Science and Economic Development Canada (ISED) that further efforts need to be made by the government in response to a consultation on a priority application window for spectrum. The concept of spectrum sovereignty – the idea that Indigenous communities should have exclusive rights to the electromagnetic spectrum over their lands – has rapidly come into more attention in recent years. Several countries have already carved a path toward that end goal, while concerns have been raised that Canada lags behind on Indigenous connectivity and reconciliation. Radio frequency spectrum makes all wireless communication possible, such as connecting to the internet, mobile phone services, radio broadcasting, and more – all of which operate on a different range, or band, of frequencies. The federal government has collected billions of dollars over past years through auctions for licences to access spectrum. ISED began a public consultation into a draft Indigenous Priority Window for spectrum applications in January 2024. It kicked off at the same time a new spectrum licensing framework was introduced, which will see unused spectrum either deployed by licensees or handed back to be rolled out by new users. As part of the new framework, the government is developing rules giving Indigenous applications priority access to the unused spectrum, by way of a time-limited application window in which they would have access before other applicants to the 800 MHz cellular band and the 1900 Mhz personal communications services bands of spectrum, which can be used for wireless service such as cell phone or home internet services, or to connect mines, farms, or other areas. As far as the length of the application window, ISED has proposed it be 12 consecutive months before applications would be open to other eligible parties. Indigenous applicants would still be able to apply after the window closes, but they would not have priority access after that point. When it launched the priority window consultation, ISED noted that a 2023 report from the Office of the Auditor General of Canada found that only 42.9 per cent of First Nations reserves had access to 50/10 Mbps internet service by the end of 2021, compared with 99.3 per cent of urban areas and 59.5 per cent of rural and remote areas. Indigenous groups such as the Assembly of First Nations have further called for more inclusive and collaborative ways of assigning spectrum over their lands,” noted ISED, which also announced it created an Indigenous spectrum policy team with a mandate to engage with Indigenous groups on spectrum policy development. ISED has proposed three eligibility criteria for Indigenous groups applying during the priority window (and notes that this criteria would not replace or supercede eligibility requirements to hold a spectrum licence under Canada’s Radiocommunication Regulations): -- Application-based approach: Indigenous applicants could apply for available spectrum licences regardless of their location -- Community-support-based approach: Could give individual communities more control over who acquires spectrum over their lands -- Project-based approach: Indigenous applications could be considered eligible if they can demonstrate their initiative is Indigenous-benefiting and Indigenous-informed The First Mile Connectivity Consortium (FMCC), a not-for-profit whose members include First Nations Internet service providers (ISPs), stressed that Indigenous ownership of spectrum is important. The group made several recommendations to ISED, among which is its pitch that ISED allow Indigenous-mandated organizations to set out Indigenous spectrum license conditions. The consortium wrote in its submission that coverage should not be based on population size or density alone. It also wants to see flexible deployment timeframes as part of Indigenous spectrum license conditions. The group states that decisions on spectrum should be made in a way that upholds First Nations’ rights, title, and treaty rights – including by making sure First Nations are engaged as rights-holders, “not simply stakeholders.” The Métis National Council used this example in its response to ISED’s call for comments on the priority window: “For example, spectrum traverses the Métis homeland in Canada and is a key asset that generates revenue for the federal government. To illustrate, imagine a river flowing through the Métis homeland, where the Government of Canada has built a dam generating revenue from hydroelectricity. Under the current framework, the government's approach is to assist the Métis Nation in accessing some of the electricity generated by the dam, yet the Métis would still be paying for this utility. Viewing this analogy through the lens of economic reconciliation, the Government of Canada should not only be facilitating access to this utility but also sharing the revenue generated from the asset with the Métis Nation, as these revenues are directly tied to the cashflow generated from resources within the Métis homeland.” “Canada needs to move beyond granting greater access to spectrum and draw upon lessons learned from other jurisdictions where Indigenous peoples are granted ownership of spectrum to support their economic self-determination,” it wrote. Eligibility criteria Broadband Communications North (BCN), a not-for-profit which states it runs one of the largest Indigenous community networks in Canada spanning 1,000 kilometres in Manitoba, is in favour of applicant-based criteria for the priority application window – as are Ice Wireless, a telecommunications provider that is majority-controlled by Indigenous shareholders, TCOR Solutions, a company that designs and deploys telecom solutions for rural and underserved communities, and Karrier One, a blockchain-based mobile network that holds spectrum licences in rural Ontario. Eeyou Communications Network, meanwhile, is in favour of the community-based eligibility criteria. “The application-based option is too restrictive and could hinder collaborations between Indigenous and non-Indigenous entities.” Matawa First Nations Management alongside Rapid Lynx Telecommunications supported community support-based and project-based eligibility as a hybrid. Sichuun, a service provider in Quebec, supports a community-based eligibility approach and wrote that deployment requirements should be flexible. “Should an Indigenous license holder not deploy a connectivity solution, then the licence holder should be required to work with other interested and qualified parties who are ready to deploy a viable connectivity solution,” it wrote. Time-limited window and licensing terms ISED suggested a 12-month window for Indigenous people to have priority access to the licence application process, but some groups called for a longer timeframe. BCN suggests it should be 24 months, “in recognition of the delays and difficulties in managing applications and planning activities in the North.” Matawa First Nations Management and Rapid Lynx Telecommunications agree the window should be a minimum of 12 months, but ideally as long as five years. Ice Wireless and Karrier one support the 12-month window for submitting licence applications. Ice Wireless wrote that after that window closes, it does not support opening up the program to non-Indigenous applications, which it believes should remain in the “regular track” of ISED’s spectrum licencing framework. ISED also proposed conditions outlining a licence term of three years, Ice believes it should be five years. TCOR Solutions agrees. The Indigenous Connectivity Institute wrote that while a time-limited window of 12 months for applications might work for some in Canada, “the reality is that many do not yet recognize the value of spectrum.” “Therefore, ISED should work with Indigenous organizations to conduct a comprehensive awareness raising campaign about the value of spectrum, why it's important, and why organizations and communities should apply for a licence ahead of the opening of the ,” it wrote. Consultation deadlines and processes could also be made more accessible, the connectivity institute wrote, by taking into account the “unique realities of many Indigenous communities,” such as harvesting season and other traditional and cultural practices,” referencing its 2023 Calls to Action. It noted that ISED’s deadline for comments on this particular consultation came the day after the National Day for Truth and Reconciliation. As well, the lack of capacity in Indigenous communities to build, operate, and manage networks is a barrier that ISED should be considering when looking at timeframes for licensees to actually use spectrum they have been allocated, the Indigenous Connectivity Institute said. “We ask that funding opportunities include ongoing support for financially compensated digital navigators in Indigenous communities, similar to the support that Environment and Climate Change Canada provides for the Indigenous Guardians program,” the connectivity institute wrote. “Digital navigators can help facilitate outreach, digital literacy, and awareness required as internet access is introduced and expanded within communities, as well as contribute local data for monitoring and evaluation of funded infrastructure and services and policy engagement.” Collaboration between ISED, CRTC Eeyou Communications Network advocates for ISED and the CRTC to work together to make sure there is funding and technical support for Indigenous communities to take advantage of the priority window. “Canada’s large telecom companies all claim to support the bettering of communications in First Nation, Métis and Inuit and have published materials indicating their engagement and commitment to reconciliation. However, none of them identify infrastructure ownership as a critical issue to addressing digital disparities,” Eeyou wrote. The FMCC wants ISED to work with other government departments and agencies to construct a “separate forum” to review the broad issue of spectrum sovereignty. It also wants to see the development of a Centre of Expertise for Indigenous spectrum matters, plus work done alongside the CRTC to set and enforce affordable access standards for all Canadians. The consortium pitches that that centre would make space for “inclusive, open, and transparent discussion on the technical and process matters and policy options regarding Indigenous spectrum, and digital infrastructures more broadly.” Subordinating spectrum The FMCC wants ISED to develop a “more formal” sub-licensing regime involving engagement protocol, which it suggests could be informed by Indigenous consultation and engagement guidelines being developed as part of the CRTC’s ongoing review of the Broadband Fund. “Large telecom companies should provide an annual report to ISED that provides information about deployment activities by subordinate license holders,” it additionally pitched. Ice Wireless told ISED that the spectrum auction process to date has not been designed to be won by small players. “The largest companies, with the deepest pockets, tend to win spectrum auctions, which has kept spectrum licences for rural and remote parts of the Far North largely out of reach. As a result, Ice Wireless has largely bypassed the auction process and has instead subordinated spectrum in its service areas,” Ice wrote. But, as a group that has subordinated spectrum, Ice notes it is concerned that its own subordinated licences appear to be included in the preliminary list of available 800Mhz licenses. It said the licences that have been listed are currently being used to service Indigenous customers and communities. “Ice Wireless believes that a condition should be added to the policy to take into account Indigenous businesses that are already operating in and providing service to a given licence area, otherwise ISED may end up ‘bumping out’ existing Indigenous businesses which is contrary to the intentions of the policy. Spectrum held by existing Indigenous businesses should be exempt from the policy.” Rogers Communications Inc. raised similar concerns, stating attention must be paid to making sure the Indigenous Priority Window does not undermine “actual service” for Indigenous people by ensuring any spectrum made available is not currently deployed by primary licences or will soon be deployed by satellite, to the benefit of communities. Rogers noted it is working to launch Canada-wide satellite-to-phone coverage in 2024, covering remote regions, national parks, and rural highways not covered by any wireless networks, “including deep rural and remote Indigenous communities.” “This service will benefit all Canadians no matter where they live, work, or play, while particularly benefiting those living in rural and remote areas outside of traditional terrestrial coverage. must ensure that the goal of improving Indigenous access to spectrum avoids harming Indigenous connectivity by creating holes in our national satellite-to-phone network coverage,” Slawner states. That project is set to use the cellular 850 Mhz and personal communications service 1900 Mhz spectrum bands, “thus making our spectrum in these bands fully deployed across Canada.” It is to start with SMS texting before expanding to include voice and data. “This service will involve LEO satellites from two separate providers, SpaceX’s Starlink constellation and satellites from Lynk Global, combined with Rogers’ national wireless spectrum. Ensuring that spectrum is available to Rogers will be crucial to providing service access to all Canadians in areas that are unconnected today.” Rogers highlighted it has signed multiple agreements subordinating its spectrum to small regional carriers serving rural and remote areas, including some owned and operated by Indigenous service providers. “We remain open to entering into similar commercial arrangements with our spectrum licences to extend coverage further.” it wrote. “Rogers has been unable to approve some Indigenous requests for additional spectrum due to concerns for harmful interference into areas for which the spectrum was already subordinated to other operators,” the submission states. “However, we have also continued subordinating spectrum as recently as 2023 to Indigenous service providers to provide both public coverage to Indigenous communities and private network coverage for businesses owned by First Nations.” “Rogers is open to accommodating additional subordination requests where they will not impact our own current network, nor expansions and upgrades, nor where it could impact existing subordinations.” Rogers wrote that it continues to find that commercial subordination is the best option for ensuring Indigenous access to Indigenous service providers, “while ensuring that our own network coverage is protected.” “Rogers and other primary licence holders can work with Indigenous service providers to provide access to our exclusively licensed spectrum while not jeopardizing our own network expansion plans to deploy and enhance new public and private network offerings,” the company’s submission states. “Through collaboration, we can ensure that the pioneer spectrum bands that the innovative satellite-to-phone service will use to provide 100 per cent geographic coverage of Canada will not have coverage holes that disproportionately impact Indigenous Peoples living in remote communities.” As far as the discussion goes about Indigenous communities being stakeholders versus rights holders of spectrum over their traditional lands, Rogers said “these conversations are best left between ISED, the federal government, and Indigenous First Nations.” Additional steps need to be taken, respondents say Eeyou Communications Network reiterated comments it made earlier in 2024 stating while the Indigenous Priority Window is a step in the right direction, “there are other measures that need to be addressed, such as the need for a range of spectrum bands, better mechanisms for subordinate licensing, and supports for development of networks in First Nation, Métis, and Inuit communities. “Access to the 800 MHz and 1900 MHz bands of spectrum alone will not solve the issue of digital disparity. The growing digital needs of Indigenous communities across Canada will require access to more bands…,” Eeyou stated, agreeing with previous submissions to ISED made by other groups. Ice Wireless believes that ISED should create an Indigenous body to regulate, fund and support the growth of Indigenous ISPs. This body would be under ISED and completely separate from the CRTC. Sichuun said the priority application window should be expanded to include all usable spectrum frequencies, not limited to the 800 Mhz and 1900 Mhz bands. The FMCC seeks to remind ISED that access to spectrum alone is not enough to properly address digital disparities faced by First Nations communities, though access is critical. It said there is a lack of funding or help for feasibility studies or the initial stages of development of spectrum resources. “Many First Nation communities lack in-house technical expertise and must hire consultants. These costs can act as a barrier to community network development. ISED and CRTC should collaborate to develop funding and technical support for First Nation, Métis, and Inuit communities to build and operate their own networks,” the consortium wrote. The Indigenous Connectivity Institute called on the governments of Canada and the United States “to allocate a portion of funds raised through spectrum auctions and spectrum licence renewals to fund an Indigenous office of telecommunications policy.” “That would co-manage with relevant government departments and agencies on issues that affect Indigenous Peoples, communities, and lands.” “This proposed office presents an opportunity for ISED to coordinate further with other digital equity stakeholders such as the CRTC and . With the efforts toward truth and reconciliation, all Canadian government departments and agencies focused on digital equity must prioritize Indigenous communities to meet stated goals and can do so more effectively through increased cross-department cooperation and coordination with one another. The values and efforts of the framework are with merit,” the connectivity institute said. The Indigenous Connectivity Institute also pitched the development of an Indigenous workforce in IT that would work with “relevant and qualified” organizations and government departments to boost Indigenous people’s capacity to build, manage, and maintain networks, it wrote. “While building a technical workforce is crucial to the success of the , capacity building efforts should also include the necessary skills that are needed to operate a network, such as project management, governance, finance, human resources, business management, and so on.” The Métis National Council raised concerns that there has been no reference in consultations or documents from ISED so far about the Métis Nation “benefitting from spectrum on a cashflow basis.” It proposes that ISED could allocate 1.75 per cent of all cashflow generated from spectrum infrastructure, “proportional to the Métis population relative to the total Canadian population,” to the Métis Nation. “Alternatively, 1.75 per cent of the available spectrum could be set aside for the Métis Nation to either be utilized by a Métis-owned telecom or leased to other Canadian telecom companies, creating a direct revenue stream for the Métis Nation.” hdaley@thewirereport.ca with files from The Wire Report’s archives.

ISED hears further efforts needed in consultation on Indigenous Priority Window for spectrum

Regulatory |
By Hannah Daley
| November 4, 2024

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