Chief of Police
Armand P. La Barge
York Regional Police
17250 Yonge Street, Newmarket, Ontario, Canada L3Y 4W5
1866-8POLICE TTY 1-800-668-0398 Fax 905-853-5810 www.yrp.ca


THE REGIONAL MUNICIPALITY OF YORK
POLICE SERVICES BOARD

REPORT OF THE CHIEF OF POLICE

23 JANUARY 2008

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Re: Gazette Notice DGRB-010-07
Proposal by Industry Canada
to Mandate Communications Tower Sharing

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RECOMMENDATION
  1. That the Board receive this report.
SYNOPSIS

York Regional Police operate and maintain public safety grade voice and data radiocommunication systems. The voice radio system is also used by all the Region's Municipal Fire Services as their primary communication system and by the Region's Emergency Management and Emergency Medical Services for inter-operability with the police and fire services. Industry Canada, which licences York Regional Police to operate radiocommunication systems, has proposed to make changes to the conditions of the licence which may adversely affect the Board's ability to manage its infrastructure.

FINANCIAL IMPLICATIONS

There are no immediate financial implications.

BACKGROUND

York Regional Police currently operates a Motorola Smartnet II Trunking Radio System and a Dataradio private data radio system. The trunking radio system is also the primary voice radiocommunication system used by all the municipal fire services within York Region. In addition, the system provides voice radio inter-operability between the Region's Emergency Medical Services Department, Emergency Management Department, the fire services and York Regional Police. It consists of eight remote tower sites located throughout the Region which are linked back to the master site at York Regional Police Headquarters through a network of redundant microwave links and landlines. The systems are controlled from the Primary Public Safety Answering Point (PPSAP) operated by York Regional Police which handles all 911 calls within the Region.

The assignment and use of radio spectrum, including that used for communication by York Regional Police, is authorized and licenced by the Radiocommunication and Broadcasting Regulatory Branch of Industry Canada. Industry Canada may amend the terms and conditions of any licence, certificate or authorization and invites public comment upon changes that it is proposing by causing a notice to be posted in the Canada Gazette. On November 28, 2007, it published Notice No. DGRB-010-07 - "Consultation on Proposed Conditions of Licence to Mandate Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements." Although the proposed changes are primarily aimed at facilitating competition within the cellular wireless industry, the Board should be aware that control of its own radiocommunication infrastructure may be adversely affected and that the proposed changes do not differentiate between non-profit public safety organizations and commercial telecommunication providers.

Gazette Notice No. DGRB-010-07 reads in part:
"Conditions of Licence for Mandatory Antenna Tower and Site Sharing and Prohibition of Exclusive Site Arrangements Industry Canada proposes to add the following conditions of licence for mandating antenna tower and site sharing and prohibiting exclusive site arrangements to all spectrum licences, radio licences and broadcasting certificates (Licensees).
  1. Licensees must facilitate sharing of antenna sites, including rooftops, and supporting structures ("Site(s)") and not cause or contribute to the exclusion of other radiocommunication antenna operators ("Operator(s)") from gaining access to Sites. Without limiting the generality of the foregoing, where a Licensee is party to an agreement that includes a provision excluding other Operators from the use of a Site, then, in order to facilitate the sharing of Sites, the Licensee must consent to waiving that portion of the agreement to facilitate a request to share. Further, Licensees must not enter into or renew agreements that exclude other Operators from using a Site.
  2. Licensees must share where technically feasible except where national security concerns exist or the Site is used solely for personal enjoyment.
  3. In order to fulfill the condition of sharing in accordance with this licence, the Licensee must respond to a request to share by any other Operator within 30 days as follows:
  1. In the event that the request to share is technically feasible, the Licensee must provide the requesting Operator with a response and an offer to enter into a sharing agreement. The department expects that Site-sharing arrangements would be offered at commercial rates that are reasonably comparable to rates currently charged to others for similar access.
  2. In the event that the request to share is not technically feasible, the Licensee must provide the requesting Operator with a response detailing the reasons why it is not feasible (accompanied by any applicable technical information) in accordance with CPC-2-0-03.
  1. Site-sharing arrangements will be negotiated expeditiously and in good faith. If after 90 days from the initial request, the Licensee and the Operator requesting a Site-sharing arrangement cannot agree to the terms of the arrangement, the Licensee must agree to submit the matter to an arbitrator as agreed upon by the parties in accordance with the provisions of the applicable provincial arbitration legislation. The Licensee agrees that the arbitrator shall have all necessary powers to determine all of the questions in dispute (including those relating to determining the appropriate terms of the Site-sharing arrangement and those relating to procedural matters under the arbitration) and that any arbitration under this section shall be legally binding. The Licensee must participate fully in such an arbitration and follow all directions of the arbitrator in accordance with any arbitration agreement or with the applicable legislation. At any time, the Licensee and the Operator requesting antenna tower and site sharing may agree to specific terms with regard to submitting their dispute to an arbitrator and may withdraw their arbitration, on agreed terms, so long as they agree to a Site-sharing arrangement."
Given that the Board provides radiocommunication infrastructure to ensure public safety and not for commercial purposes, the effect of the proposed changes may be to:
  1. Prevent or limit the Board's ability to control access and use of its own radiocommunication infrastructure.
  2. Limit the Board's discretion to set fees as it sees to be appropriate.
  3. Expose the Board to unanticipated legal and engineering costs.
  4. Reduce the Board's ability to add equipment to its own structure or increase the cost of doing so.
  5. Reduce the security and survivability of the critical radiocommunication infrastructure that the Board has provided for the public's safety in emergent circumstances.
York Regional Police, along with the following that represent public service agencies in some manner, has provided comment to Industry Canada in response to Gazette Notice No. DGRB-010-07:
  • Canadian Association of Fire Chiefs
  • The Corporation of the Town of Innisfil
  • Edmonton Police Service
  • Ontario Ministry of Government and Consumer Services (OPP)
  • Peel Regional Police
  • Royal Canadian Police
Although there is a divergence of opinion on some matters, there are common concerns being voiced regarding security, expenses for administration and the possible effects of the arbitration process. Further discussions with Industry Canada have been requested by this and other services, however at this time, no reply has been received. The Board may wish to consider communicating with other police service boards regarding this matter.

Respectfully submitted,

Armand P. La Barge,
Chief of Police.