As a radio communications specialist it’s vital to keep our customers informed of any fundamental changes to their radio communications systems or services that may require their attention… or our attention on their behalf. One of the most common areas of confusion results from frequency licensing and renewals. The following excerpt from the Industry Canada Spectrum Management and Telecommunications Client Procedures Circular provides excellent information on several key issues concerning licensing and license renewal.
Industry Canada Radio License Renewals
It is that time of year again to renew your radio frequency licenses from Industry Canada, and you should have received your Industry Canada renewal by now. If you haven’t, make sure you contact Industry Canada to keep your licenses up to date. Ensure all your equipment is on the list, and if you have downsized in the last year, make sure to let them know, so you can save money on your license renewal.
As a reminder, in 2015, Industry Canada introduced “Administrative Monetary Penalties” (AMPs) under the Radiocommunication Act.
What is an administrative monetary penalty (AMP)?
“In cases where Industry Canada’s spectrum requirements are not being met through voluntary compliance, an administrative monetary penalty (AMP) may be imposed. AMPs are financial penalties that encourage compliance with regulatory requirements, such as those established by Industry Canada relating to spectrum management and wireless services in Canada. AMPs allow for a measured, proportionate response to a wide range of violations under the Radiocommunication Act.
The imposition of AMPs is one of several different actions that may be taken by the Department to enforce its requirements, particularly in cases of more serious violations. Other possible actions include: issuing tickets under the Contraventions Act, which include small fines; issuing orders to take specific measures to come into compliance where radio interference is being caused; seizing devices that do not meet technical standards or are prohibited, such as jammers; and prosecution of regulatory offences.
Under the Radiocommunication Act, Industry Canada can impose AMPs for individuals up to a maximum of $25,000 for a first violation and $50,000 for subsequent violations and for corporations and other entities, up to a maximum of $10 million for a first violation and $15 million for subsequent violations.
Under what circumstances would an AMP be imposed?
An AMP may be imposed for a variety of violations of requirements established by Industry Canada. These requirements are defined in the Radiocommunication Act and elaborated upon in the Radiocommunication Regulations, departmental standards and certification procedures, as well as in the various licensing and policy frameworks published by the Department.
Subsections of the Radiocommunication Act for which AMPs can be applied:
4(1) install, operate or possess radio apparatus without or not in accordance with an authorization, other than as permitted elsewhere in the Act;
4(3) manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment that does not comply with technical standards;
4(4) install, use, possess, manufacture, import, distribute, lease, offer for sale, or sell a jammer; and
5(1.5) failure to comply with any procedure, standard, or condition applicable in respect of a system of competitive bidding established by the Minister under section 5(1.2).”
If you are unsure about the status or compliance of your radio equipment to this Industry Canada AMP regulation, contact your Westcan ACS representative for assistance.
Reference: Industry Canada Spectrum Management and Telecommunications Client Procedures Circular CPC-3-24-01, Issue 1, April 2015
If you have any further questions regarding Industry Canada, Frequency Licensing, or the Renewal Process, feel free to contact me directly through the form below!