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Agreement between the Government of Canada and the Government of the United States of America relating to the AM Broadcasting Service in the Medium Frequency Band [1984] CATSer 6 (17 January 1984)

E101992 - CTS 1984 No. 8

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA RELATING TO THE AM BROADCASTING SERVICE IN THE MEDIUM FREQUENCY BAND

The Government of Canada and the Government of the United States of America,

DESIRING to continue their mutual understanding and cooperation in the matter of AM broadcasting, to protect the broadcasting stations in the two countries and to improve the utilization of the frequency band 535 to 1605 kHz allocated to this service,

HAVE AGREED AS FOLLOWS:

ARTICLE I

Definitions

For the purpose of this Agreement, the following terms shall have the meanings defined below:

ARTICLE II

Adoption of the Plan

The Plan set out in Annex 1 to the Agreement consists of assignments with technical characteristics agreed upon by the two Administrations. Broadcasting stations shall be brought into service only when in conformity with Annex 1 or any modification of it resulting from the application of Article III.

ARTICLE III

Modification Procedure

3.1 When an Administration proposes to modify the Plan i.e.:

- to change the characteristics of a frequency assignment to a station shown in the Plan, whether or not the station has been brought into use, or

- to introduce a new assignment into the Plan, or

- to bring into use a new station, or

- to cancel a frequency assignment to a station,

- the following procedure shall be applied simultaneously with or prior to the notification to the IFRB for modification to the Rio de Janeiro Plan.

3.2 Proposals for changes in the characteristics of an assignment, for the introduction of a new assignment or for the bringing into use of a new station.

3.2.1 An Administration proposing to change the characteristics of an assignment in the Plan, introduce a new assignment or bring into use a new station shall seek the agreement of the other Administration.

3.2.2 Any assignment in conformity with the Agreement shall be considered as adversely affected when appropriate calculations based on Annex 2 indicate that objectionable interference would occur as a result of a proposed modification to the Plan. In the event that a proposed modification to the Plan by one Administration is adversely affected by a proposed modification from the other Administration, the proposal bearing the earlier notified transmittal date shall prevail, unless it is found to cause objectionable interference to other assignments in the Plan.

3.2.3 If an affected Administration considers that a proposed modification is acceptable, it shall signify its agreement as soon as possible to the other Administration and shall inform the IFRB accordingly. If an affected Administration considers that a proposed modification to the Plan is unacceptable, it shall communicate its reasons to the notifying Administration within 60 days from the date of notification. If no comment has been received within that 60 day period, the notifying Administration may proceed with its assignment and advise the IFRB that the agreement of the other Administration has been obtained.

3.2.4 The agreement referred to in section 3.2.1 is not required for a proposed change in the characteristics of an assignment in conformity with the Agreement if it entails no increase in the radiated field strength in any direction and, if a change in the site of the station is involved, this change is limited to the greater of 3 km or 5% of the distance to the nearest point on the border of the other country up to a maximum of 10 km. The distance is calculated from the site first registered in the Plan or subsequently registered in the Plan as a result of the application of the provisions of section 3.2. In any event, such site change shall not result in a groundwave contour overlap prohibited under section 4.10.4.2 of Annex 2 to the Agreement.

However, no protection will be required beyond the level of protection which was already accepted before the proposed move.

3.3 Cancellation of an assignment

When an Administration decides to cancel an assignment in conformity with the Agreement, it shall immediately notify the other Administration. Simultaneously with such cancellation, the Administration may notify a new assignment to substitute for the cancelled assignment, provided that the new assignment would not cause objectionable interference at a level in excess of that caused by the cancelled assignment and which had been previously accepted.

ARTICLE IV

Format of Notification

The information required for the notifications referred to in Article III shall be provided in conformity with Annex 1 to the Agreement. In the case of a modification of technical characteristics, there shall be an indication of which parameter is modified. In order to facilitate the verification of the data, directional antenna parameters shall be supplemented by sample values of calculated radiation in 5 azimuths and vertical angles pertinent to the specific protection requirements involved.

ARTICLE V

Technical Criteria

The Administrations shall apply, in carrying out the Agreement, the technical criteria contained in Annex 2, as may be amended from time to time pursuant to Article XI.

ARTICLE VI

Groundwave Field Strength Measurements

6.1 The technical criteria contained in the Agreement provide for protection from groundwave interference through the use of theoretical calculations based on the values of ground conductivity as included in Appendix 1 to Annex 2. Nevertheless, it is recognized that in some situations such calculations may not properly reflect actual conditions where the conductivity along a specific path differs from the value shown on the conductivity map.

6.2 Therefore, field strength measurements made within a station's own country in accordance with Appendix 6 to Annex 2 may be employed in these situations to justify an assignment based on measured conductivity values.

6.3 If a station whose parameters were accepted on the basis of measurements submitted in accordance with this Article is found to cause interference within the range of azimuths covered by the data submitted, then the station shall reduce its radiation in the pertinent directions to the levels permitted by calculations using the conductivity map, or to such levels as may be mutually agreed upon by both Administrations.

6.4 Resolution of interference complaints

6.4.1 When it is believed that a station is experiencing objectionable interference above the level previously accepted from a station in the other country, its Administration shall be informed and, after verification, shall refer the interference complaint to its counterpart. The station believed to be the cause of the interference shall be required immediately to verify its authorized operation (including measuring field strength at permanent monitoring points if appropriate) and make any adjustments necessary to resume its authorized operation. The station shall, within 10 days of receipt of the complaint, advise its Administration of the action taken. The responsible Administration shall immediately advise its counterpart of the station's status including corrective measures taken. If, after completion of the above steps, the complaining station is still experiencing objectionable interference above the level previously accepted anywhere within its protected contour, field strength measurements shall be taken in accordance with Appendix 6 to Annex 2.

6.4.2 The Administration responsible for the complaining station shall review the field strength measurement data and, if satisfied that it is well founded, shall forward the complaint to the other Administration. If that Administration is not satisfied that the complaint is valid, it shall advise the other Administration of the reasons therefor, in order to facilitate discussions. If the Administration which receives the complaint is satisfied that it is valued on the basis of the referred data, it shall:

(a) evaluate the measurement data as promptly as possible, but in no event later than 20 days after receipt;

(b) forward the measurement data to the station causing the interference;

(c) notify the station to take any necessary action to eliminate the interference or to prove that it is operating as authorized. The station shall comply as soon as possible within a time period not to exceed 30 days;

(d) if necessary corrective action has not been taken within 30 days, order the interfering station to reduce its power at once by any amount necessary, including cessation of operation, to eliminate the interference;

(e) refuse authority to resume normal operation until the necessary action specified in c) and d) above has been taken.

6.4.3 Since actual ground conductivities over specific paths may vary from the values indicated in the ground conductivity maps included in Appendix 1 to Annex 2, interference may be experienced even if the station causing the interference is operating in accordance with notified parameters. In such circumstances, except as noted in section 6.3, no action will be required as long as the station can demonstrate that it is operating as authorized. However, each Administration shall endeavor, in cooperation with the other, to mitigate such interference.

ARTICLE VII

Extended Hours of Operation

7.1 Scope

"Extended hours of operation" refers to the operation of AM radio broadcasting stations during nighttime hours which occur between 6:00 am and two hours past sunset local time, with protection requirements determined in accordance with Appendix 7 to Annex 2. Operation during this period shall be with daytime or nighttime facilities adjusted as necessary to meet the requirements of this Article.

7.2 Protection

7.2.1 During extended hours of operation, a station shall provide protection to each co-channel station in the other country in accordance with the method described in Appendix 7 to Annex 2.

7.2.2 A station authorized for extended hours of operation shall not receive protection for that operation.

7.2.3 In applying section 7.2.1, the hours of sunrise and sunset for each month shall be determined as of the 15th day of each month and adjusted to the nearest quarter-hour.

7.2.4 Power radiated during extended hours of operation shall not exceed the highest power that provides the required protection.

7.2.5 Notified nighttime operation has priority over extended hours of operation. Thus, the power used during extended hours of operation shall be adjusted downward as necessary to provide requisite protection to duly notified and accepted nighttime assignments, whenever they may be notified.

7.3 Notification

Proposed extended hours of operation by stations meeting the requirements of this Article are deemed to be acceptable. Each such proposal shall be notified in accordance with Articles III and IV. The notification shall include the exact operating characteristics of each station proposing extended hours of operation.

ARTICLE VIII

Critical Hours of Operation

8.1 Scope

"Critical hours of operation" refers to the operation of Class B and C AM radio broadcasting stations of either country, assigned to channels on which the other country has a Class A station listed in Part VI of Annex 1, during those daytime hours specified in Appendix 8 to Annex 2.

8.2 Protection

8.2.1 The Class A stations referred to in section 8.1 shall be protected during their critical hours of operation in accordance with the criteria specified in Appendix 8 to Annex 2.

8.2.2 No assignment previously accepted by both Administrations, or subsequent modifications thereto, shall be required to reduce radiation to comply with section 8.2.1.

8.3 Notification

Proposed critical hours of operation by stations meeting the requirements of this Article are deemed to be acceptable. Each such proposal shall be notified in accordance with Articles III and IV. The notification shall include the exact operating characteristics of each station proposing critical hours of operation.

ARTICLE IX

Termination of Previous Agreements

9.1 This Agreement supersedes all previous agreements, arrangements and understandings between Canada and the United States relating to the AM broadcasting service, including the provisions of the North American Regional Broadcasting Agreement, 1950 (NARBA) insofar as that agreement relates to mutual undertakings of Canada and the United States. The Agreement also prevails over provisions of the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2, (Rio de Janeiro, 1981), wherever the two agreements are inconsistent, insofar as mutual relations between Canada and the United States are concerned.

9.2 Proposed assignments previously notified pursuant to NARBA, and still pending on the date of entry into force of the Agreement, shall be deemed to be notified under this Agreement, taking into account understandings already reached concerning them.

ARTICLE X

Periodic Review

Recognizing that the Agreement is intended to remain in effect for an indefinite period, the Parties agree that, no later than five years after the date of the entry into force of the Agreement pursuant to Article XII, and no later than the expiration of each successive five-year period thereafter, each Party shall designate and notify to the other those of its assignments in the Plan not yet brought into use that it wishes to retain in the Plan. Assignments which have remained unused for at least five years, and which are not so designated and notified shall lapse and be automatically deleted from the Plan at the end of each such five-year period.

ARTICLE XI

Amendment of the Annexes

Except for modifications to the Plan, which are governed by Article III, the Annexes hereto may be amended by exchange of letters directly between the Administrations. The adoption of such amendments shall be notified to the Department of External Affairs of Canada and the Department of State of the United States of America by the Administration of each country.

ARTICLE XII

Entry into Force and Termination

12.1 The Agreement shall enter into force on the date of its signature and shall remain in force thereafter until terminated upon twelve months' notice given in writing by one of the Parties to the other.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa, this 17th day of January 1984, in the English and French languages, each version being equally authentic.

Francis Fox

FOR THE GOVERNMENT OF CANADA

Paul E. Robinson

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA