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Exchange of Notes (June 9, July 11 and 18, August 22, September 27, November 16, and December 20, 1938) regarding an Agreement between Canada and the United States of America relating to Radio Communications between British Columbia and Alaska [1938] CATSer 4 (1 August 1938)

E101995 - CTS 1938 No. 22

EXCHANGE OF NOTES REGARDING AN AGREEMENT BETWEEN CANADA AND THE UNITED STATES OF AMERICA RELATING TO RADIO COMMUNICATIONS BETWEEN BRITISH COLUMBIA AND ALASKA

I

The Secretary of State of the United States to the Canadian Minister at Washington

DEPARTMENT OF STATE

WASHINGTON, June 9, 1938

Sir,

I have the honor to inform you of the desire of the Polaris-Taku Mining Company, Limited, to establish radio communication between its privately owned radio station in the Province of British Columbia, Canada, and the station of the Alaska Communication System at Juneau, Alaska, for the exchange of traffic pertaining to weather and flying conditions and emergency medical assistance. In view of the nature of the messages sought to be exchanged the War Department of the United States approves the establishment of the proposed circuit.

I accordingly inquire whether the Government of Canada is prepared to authorize the suggested radio connection, omitting ordinary commercial traffic, between stations of the Alaska Communication System and radio stations located in Canada. If such approval is given by your Government it is suggested that provision be made for the modification of the details of arrangements with respect to the class of traffic handled, subject to the approval of the Secretary of War of the United States and a designated official of the Government of Canada.

It is also proposed that the arrangement provide for the operation and administration of the affected radio channels subject to the following conditions which are understood to be in accordance with the procedure and practice applicable to similar channels now in operation:

(a) Radio traffic will be exchanged in accordance with the regular operating procedure of the Alaska Communication System and of the radio stations in the Dominion of Canada, provided that in cases where the operating procedure applicable to one station is in conflict with the operating procedure of the station with which radio traffic is exchanged, the differences will be administratively adjusted by co-operation between the chief operators of the stations involved.

(b) The establishment of operating schedules between any two stations authorized to exchange radio traffic will be such as may be agreed upon between the Officer in Charge, Alaska Communication System, Seattle, Washington, and the administrative official in charge of the operation of the radio station with which such radio schedules are established.

(c) The charges made by the Alaska Communication System on local traffic between the local radio station of the Alaska Communication System and any radio station in the Dominion of Canada with which arrangements are made for the exchange of traffic will be in accordance with duly established tariffs applicable to such service.

(d) The division of tolls between the participating radio stations will be made on the basis of the tolls accruing to each in accordance with applicable tariffs, and settlement of accounts will be made by the Auditor for the Alaska Communication System, Seattle, Washington, at such intervals as may be agreed upon and in the same manner as settlement is made under similar conditions for commercial radio traffic between stations of the Alaska Communication System and other radio stations.

(e) Arrangements for the exchange of radio traffic between stations of the Alaska Communication System and radio stations located in the Dominion of Canada shall not be extended to provide for the forwarding of drafts or money orders.

It should be observed that it is not intended that this proposed arrangement shall in any way contravene the provisions of the United States-Canadian regional arrangement governing the use of radio for aeronautical services, which was negotiated at a conference in Washington in January 1938 and which is now before your Government for study.

It is suggested that the contemplated service be authorized to commence at any time after the conclusion of this understanding by exchange of notes and that either party may withdraw from the arrangement by giving six months’ notice in writing to the other party, at which time the arrangement shall be deemed to have terminated. In this connection, however, it should be borne in mind that the terms of this arrangement shall be within the scope of the existing international telecommunication convention and the annexed regulations to which both parties hereto may have adhered.

Accept, Sir, etc.,

Cordell Hull

II

The Canadian Minister at Washington to the Secretary of State of the United States

CANADIAN LEGATION

WASHINGTON, July 11, 1938

No. 160

Sir,

I have the honour to refer to your Note of June 9th, 1938, concerning the desire of the Polaris-Taku Mining Company Limited to establish radio communication between its privately-owned radio station in the Province of British Columbia and the station of the Alaska Communications System at Juneau, Alaska, for the exchange of traffic pertaining to weather and flying conditions and emergency medical assistance.

It appears that the Polaris-Taku Mining Company Limited is at present licensed to operate a radio station at its mine seven miles northwest of Tulsequah, British Columbia, call sign CY31, for radio-telephone communication on the frequencies 2060 and 5720 kilocycles with the Department of Public Works, Telegraph Service, radio stations at Telegraph Creek, British Columbia, and Hazelton, British Columbia, only.

On the condition that the proposed radio communication between Tulsequah, British Columbia, and Juneau, Alaska, will be strictly limited to the exchange of traffic pertaining to weather and flying conditions and emergency medical assistance only, and in view of the fact that the proposed circuit has been approved by the War Department of the United States, the Canadian Government through the Department of Transport will be prepared to authorize the Polaris-Taku Mining Co. Ltd. radio station to communicate with the Juneau, Alaska, station subject to the conditions (a), (b), (c), (d) and (e) outlined in your note of June 9th and subject also to the further conditions set forth in the last two paragraphs of the same communication.

I have, etc.,

Herbert M. Marler

III

The Secretary of State of the United States to the Canadian Minister at Washington

DEPARTMENT OF STATE

WASHINGTON, July 18, 1938

Sir,

I have the honor to acknowledge the receipt of your Note No. 160 of July 11, 1938, concerning the desire of the Polaris-Taku Mining Company, Limited, to establish radio communication between its privately owned radio station in the Province of British Columbia, Canada, and the station of the Alaska Communication System at Juneau, Alaska, for the exchange of traffic pertaining to weather and flying conditions and emergency medical assistance. I am happy to note that your Government will be prepared to authorize the Polaris-Taku Mining Company, Limited, radio station to communicate with the Juneau, Alaska, station subject to conditions a, b, c, d, and e outlined in my note of June 9 and subject also to the further conditions set forth in the last two paragraphs of the same communication.

In transmitting a copy of your note under acknowledgment to the War Department, the Department stated that it was suggesting to your Government that the agreement in question come into force on August 1, 1938. I shall appreciate it, therefore, if you will be good enough to inform me whether the date of August 1, 1938, is agreeable to your Government.

Accept, Sir, etc.,

For the Secretary of State

R. Walton Moore

IV

The Canadian Minister at Washington to the Secretary of State of the United States

CANADIAN LEGATION

WASHINGTON, August 22, 1938

No. 195

Sir,

I have the honour to refer to your note of July 18, 1938, and previous correspondence concerning the proposed agreement under which the Polaris-Taku Mining Company, Limited, would establish radio communication between its privately-owned station in the Province of British Columbia and the station of the Alaska Communications System at Juneau, Alaska, for the exchange of traffic pertaining to weather and flying conditions and emergency medical assistance. You enquired whether the date of August 1, 1938, would be agreeable to the Canadian Government as the date on which the agreement in question should come into force.

I am instructed to inform you that the agreement is satisfactory to the competent authorities of Canada and it is understood that it is in force as of August 1, 1938, according to the terms set out in previous correspondence.

I have, etc.,

Herbert M. Marler

V

The Canadian Minister at Washington to the Secretary of State of the United States

CANADIAN LEGATION

WASHINGTON, September 27, 1938

No. 232

Sir,

I have the honour to refer to my dispatch No. 195 of August 22nd and to previous correspondence concerning the agreement under which the Polaris-Taku Mining Company Limited established radio communications between its privately owned station in the Province of British Columbia and the station of the Alaska Communications System at Juneau, Alaska, for the exchange of traffic pertaining to weather and flying conditions and emergency and medical assistance.

I am now instructed to call to your attention that the Department of Transport states that while the Polaris-Taku Mining Company have clearly specified the classes of message they desire to exchange between their station at Tulsequah, British Columbia, and the Juneau station of the Alaska Communications System, representations received by the Department from the legal agents of the Company state that messages following the normal routing of commercial traffic between these stations are subject to serious delay and they now request authority to handle any class of local message between Tulsequah and Juneau direct.

In view of this request the Department of Transport approached the Government Telegraph Service of the Department of Public Works with a view to eliminating the difficulties experienced in the service between Tulsequah and Juneau, and the following proposals have now been submitted in this connection by the Government Telegraph Service. These proposals, it is understood, have been approved by the legal agents of the Polaris-Taku Mining Company at Vancouver.

(1) All commercial traffic between Juneau and Tulsequah should be routed in future via Atlin instead of via Telegraph Creek, Wrangell, Seattle and Juneau, which is the present route for such traffic. The Canadian Government station at Atlin is much more powerful than the Telegraph Creek station and it is considered to be better located to work with Juneau and Tulsequah than is Telegraph Creek. It is proposed that this Tulsequah-Atlin-Juneau schedule should be worked every two hours during the day.

It is understood that it would be necessary to obtain permission from the Chief Signal Officer, United States Army, to establish this proposed communication between the station of the Alaska Communications System at Juneau and the station of the Government Telegraph Service at Atlin in order to handle Tulsequah business with Juneau.

(2) The Government Telegraph Service state that they are prepared in connection with the Sunday and holiday service to accede to the wishes of the Polaris-Taku Mining Company that the Tulsequah station should communicate direct with Juneau as is the present practice in the handling of weather reports and emergency medical assistance.

The Department of Transport state that they have no objection to the extension of this service between Tulsequah and Juneau on the basis of the proposals of the Government Telegraph Service as outlined above.

I should be glad to be informed whether this proposed arrangement would meet with the approval of the interested authorities of the United States Government.

I have, etc.,

For the Minister

W. A. Riddell

VI

The Secretary of State of the United States to the Canadian Minister at Washington

DEPARTMENT OF STATE

WASHINGTON, November 16, 1938

Sir,

I have the honor to refer to your Legation’s Note No. 232 of September 27, 1938, and my reply of October 4, 1938, outlining an amplification of the arrangement for the transmission of meteorological and other emergency radio messages between the station of the Polaris-Taku Mining Company, Limited, and the station of the Alaska Communication System at Juneau.

Upon the recommendation of the appropriate authorities of this Government I have the honor to inform you of its acceptance of the suggestions contained in your note of September 27, 1938.

It has been further suggested that the arrangement provide for the direct handling of commercial traffic between Tulsequah and Juneau at all times when the radio station at Atlin is closed or otherwise inoperative so as to permit the handling of urgent commercial traffic when the Atlin station is closed at the end of the business day as well as on Sundays and holidays.

It has also been recommended that this circuit be made available for the handling of other radio traffic between the Alaska Communication System and radio stations under the control of the Government Telegraph Service of the Canadian Department of Public Works in accordance with practices applicable to the exchange of traffic between stations of the Alaska Communication System at Fairbanks, Wrangell, and Ketchikan and stations of the Canadian Government at Dawson, Telegraph Creek, and Digby Island, respectively.

I shall be glad to be informed of the views of your Government with respect to these additional recommendations in order that, if it concurs in them, they may be made effective by this exchange of notes.

Accept, Sir, etc.,

For the Secretary of State

G. Messersmith

VII

The Canadian Minister at Washington to the Acting Secretary of State of the United States

CANADIAN LEGATION

WASHINGTON, December 20, 1938

No. 302

Sir,

I have the honour to refer to your Note of November 16th outlining certain additional recommendations with regard to the proposed amplification of the arrangement for the transmission for meteorological and other emergency radio messages between the station of the Polaris-Taku Mining Company Limited and the station of the Alaska Communications System at Juneau.

I have now the honour to inform you that the Canadian Government, after consultation with the appropriate authorities have decided upon the acceptance of the recommendations outlined in your note of November 16.

The Polaris-Taku Mining Company Limited have now therefore been informed that the Department of Transport have no objection to the suggested arrangement to provide for the direct handling of commercial traffic between Tulsequah and Juneau at all times when the radio station at Atlin is closed or otherwise inoperative so as to permit the handling of urgent commercial traffic when the Atlin station is closed at the end of the business day as well as on Sundays and holidays.

With regard to the further suggestion of your government that the Atlin Juneau channel should be used as a transfer medium for traffic between the Alaska Communications System and the stations in Northern British Columbia and the Yukon Territory operated by the Department of Transport, it is agreed that the proposed direct transfer at Juneau would be more satisfactory than the present arrangement over the White Pass and Yukon land lines, and the Government Telegraph Service, Department of Public Works, have been requested to proceed to make suitable arrangements with officials of the Alaska Communications System for putting this recommendation into practice.

I have, etc.,

W. A. Riddell

for the Minister