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Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement to provide for the Establishment of an Experimental Loran-C Power Chain in the Vicinity of the St. Marys River in Ontario and Michigan [1977] CATSer 8 (29 March 1977)

E101717 - CTS 1977 No.14

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT TO PROVIDE FOR THE ESTABLISHMENT OF AN EXPERI­MENTAL LORAN-C POWER CHAIN IN THE VICINITY OF THE ST. MARY'S RIVER IN ONTARIO AND MICHIGAN

I

The Acting Secretary of State of the United States of America to the Ambassador of Canada

WASHINGTON, March 29, 1977

His Excellency Jack H. Warren,
Ambassador of Canada,
Washington

Excellency,

I have the honor to refer to discussions between officials of our two Governments concerning the desirability of cooperatively establishing an experimental Loran-C power chain in the vicinity of the St. Marys River, Ontario and Michigan, to demonstrate the feasibility of such a chain for the enhancement of navigation safety in the St. Marys River. These discussions have led to agreement that the demonstration would be in the mutual interest of both countries, and, in consequence, activities commenced in 1975 in accordance with arrangements between the designated cooperating agencies of the two Governments.

I now have the further honor of proposing that this cooperative effort be governed, effective August 1, 1975, by the terms and conditions set forth in the Annex to this Note, and that this Note and its Annex, together with the reply indicating the concurrence of your Government, shall constitute an agreement between our two Governments which will enter into force on the date of your reply.

This Agreement shall remain in force until October 1, 1978, but may be renewed for a further period of up to one year if the designated cooperating agencies determine that such an additional experimental period is warranted.

Our Governments will consult prior to the termination of the demonstration in order to evaluate the experiment and consider construction of a permanent Loran-C installation.

It is understood that the undertakings of the designated cooperating agencies of the two Governments herein provided for are subject to the availability of appropriated funds for such purposes.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Acting Secretary of State:

Richard D. Vine

Enclosure: Annex

ANNEX

TERMS AND CONDITIONS GOVERNING THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF TWO MINI LORAN-C STATIONS IN ONTARIO

1. Cooperating Agencies

The project shall be conducted by Cooperating Agencies designated by each Government. On the part of the Government of the United States of America the Cooperating Agency will be the United States Coast Guard, (hereinafter referred to as U.S.C.G.) and on the part of the Government of Canada the Cooperating Agency will be the Canadian Coast Guard, (hereinafter referred to as C.C.G.). Either Government may change the designation of its Cooperating Agency by means of a notice in writing to the other Government.

2. Site Selection

The C.C.G. will select two sites for the Loran-C transmitting chain in the vicinity of St. Marys River, Ontario. The U.S.C.G. will provide assistance in site selection at the request of the C.C.G. Location of the antennas, ground systems and buildings on the selected sites will be the responsibility of the selected contractor, based on guidelines provided by the U.S.C.G. The chain will include two similar sites in the vicinity of the St. Marys River, Michigan.

3. Land Acquisition

Land required as sites and access roads for the stations located in Canada will be acquired by the C.C.G. at C.C.G. expense. Ownership shall be vested in the Crown in right of Canada.

These sites, located in the general area of Dennis Township and Gordon Lake will be made available to the United States for the use of the chain at no cost to the U.S.C.G.

4. Loran-C Electronic Equipment

The U.S.C.G. will furnish all electronic equipment, including spare parts, necessary to produce, receive, synchronize and monitor the Loran-C signals, and retain title thereto. This equipment will include communications equipment necessary for operational control among the stations in the Loran-C chain.

Installation will be accomplished by contractors at U.S.C.G. expense. Technical assistance for installation will be provided without charge by the U.S.C.G. Field changes developed by the U.S.C.G. will be provided by the U.S.C.G.

5. Primary Power and Land-line Service

Primary electrical power and land-line service (including telephone and data circuits) suitable for operation of the two Loran-C stations in Canada will be provided by the appropriate Canadian public utility services at U.S.C.G. expense. The U.S.C.G. will identify the power requirements of electronic equipment which it will furnish and will make the necessary arrangements with the power company. The U.S.C.G. will identify the land-line requirements and C.C.G. will make the necessary arrangements with the telephone company.

6. Antenna and Ground Systems

The U.S.C.G. will provide and the contractor will erect the Loran-C transmitting antennas and ground systems. The transmitting antennas are to be constructed and erected in conformity with design specifications and erection criteria to be provided without charge by the U.S.C.G. and will be consistent with Canadian regulations.

7. Operation and Maintenance

The U.S.C.G. shall be responsible for operation, maintenance and monitoring of the stations, it being understood that the two stations in Canada constitute elements of an experimental mini Loran-C system, and, consequently, will be operated in accordance with the requirements of that system. U.S.C.G. personnel may visit the stations during the construction state and thereafter for operational, maintenance, training and liaison purposes. Canadian personnel may similarly visit U.S. operated stations and training facilities in Canada and the United States for familiarization, training or liaison as required.

8. Financing

All capital and operation costs of the project, excluding those associated with site and access road acquisition, shall be borne by the U.S.C.G. It is understood that the U.S.C.G. will utilize Canadian contractors, labor and materials to the maximum extent feasible in establishment and operation of the stations in Canada. This intention may be further specified in agreements between the two Cooperating Agencies.

9. Frequency Assignment and Technical Characteristics

International registration of the St. Marys River Loran-C frequency (100 kHz) for stations located in the United States will be the responsibility of the U.S.C.G. Registration for the two stations located in Canada will be the responsibility of C.C.G. Frequency notifications sent to the International Telecommunications Union will be annotated with the statement COORD US or COORD CAN as appropriate. The Technical Characteristics are as follows:

(a) Assigned frequency 100 kHz

(b) Transmitting power 100 watts peak

(c) Emission 20 P 9

(d) Power spectrum - In accordance with Article 5, No. 166 of the ITU Radio Regulations (Geneva 1959) at least 99% of the total power of the emissions shall be confined within the band 90-110 kHz, and such emissions shall not cause harmful interference outside that band to stations operating in accordance with the aforementioned Radio Regulations.

10. Time Schedule - Critical Dates

The St. Marys River Loran-C transmitting chain shall commence transmission for testing, evaluation and demonstration as soon as practical after installation and shall continue experimental operation until October 1, 1978.

11. Ownership and Disposal of Removable Property

The Government of the United States shall retain ownership of any removable property (including readily demountable structures) it provides or pays for in connection with the stations. The Government of the United States shall have the right to remove or dispose of all such property on termination of this Agreement, or, to the extent it is no longer required for the operation of the stations, at any earlier time. Removal or disposal of such United States Government property shall not be delayed beyond a reasonable time after the date upon which the operation of the stations has been discontinued. The disposal of United States Government excess property in Canada shall be carried out in accordance with the provisions of the agreement between the United States and Canada concerning the disposal of excess property, effected by Exchange of Notes at Ottawa on August 28, and September 1, 1961.

12. Taxes

Each Government shall, to the extent permitted by its federal legislation, grant relief from all taxes or customs duties on materials and equipment used in the construction, operation or maintenance of the two mini Loran-C Transmitters in Canada. In particular, Canada shall grant remission of customs duties and excise taxes on goods imported and federal sales and excise taxes on goods purchased in Canada, specifically for the purpose of these facilities, which are to be used in the construction, maintenance or operation of these facilities. Canada shall also grant refunds by means of drawback of the customs duty paid on goods imported by Canadian manufacturers specifically for the purpose of these facilities and used in the manufacture or production of goods purchased by or on behalf of the United States and to become the property of the United States in connection with the establishment, maintenance and operation of the facility.

13. Electro Magnetic Compatibility

The mini Loran-C stations shall be operated in accordance with the Table of Frequency Allocations, Article 5 of the Radio Regulations (Geneva, 1959) and Footnote No. 166 thereto. Should interference problems arise the U.S.C.G. and the C.C.G. will cooperate in resolving such problems through the application of all reasonable and practicable technical measures.

If the mini Loran-C emissions cause harmful interference to other radio services outside the band 90-110 kHz, the U.S.C.G. shall shut down the interfering station(s) upon request of the C.C.G. until the interference is mitigated. During shutdown, brief transmissions will be permitted for testing purposes. At its expense the U.S.C.G. shall take reasonable technical measures necessary to resolve such problems including the installation of station modifications for the elimination of interference.

The United States Government agrees to cooperate with Canada in finding suitable replacement frequencies for any existing or planned Canadian frequency assignments displaced by Loran-C transmissions of these stations.

14. Immigration and Customs Regulations

Each Government will take the necessary steps, in accordance with its immigration and customs legislation and regulations, and subject to such controls as are mutually agreed by the Cooperating Agencies, to facilitate the admission into its territory of such personnel, with their personal possessions, as may be assigned by the other Government to participate in the cooperative program.

15. Security

The Government of Canada shall take reasonable measures to protect the two Loran-C transmitting installations at St. Marys River, Ontario, from vandalism and the entry into the installation sites of unauthorized personnel.

16. Agreement between Cooperating Agencies

Subsidiary arrangements for the purpose of implementing this Agreement may be entered into by the Cooperating Agencies. Such subsidiary arrangements may be modified by the Cooperating Agencies as necessary from time to time, within the authorization and purposes of the present Agreement.

17. Protection of Wildlife and Objects of Historical Interest

No game, fish or wildlife shall be taken or molested by members of the construction force or personnel on the station staff, except as permitted by Canadian law.

No objects of archaeological interest or historical significance will be disturbed or removed from Canada.

18. Information

The scientific, technical performance and evaluation information derived by the appro­priate authorities of each Government pursuant to this Agreement will be made available to the appropriate authorities of the other Government.

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The Ambassador of Canada to the Acting Secretary of State of the United States of America

WASHINGTON, March 29, 1977

No. 145

The Honourable Warren Christopher,
Acting Secretary of State,
Washington, D.C.

Sir,

I have the honour to acknowledge receipt of your Note dated March 29, 1977 concerning the establishment, maintenance and operation of two mini-Loran-C stations in the vicinity of St. Marys River, Ontario.

The Government of Canada accepts your proposal that our two Governments conclude an Agreement on this subject in accordance with the terms set out in your Note and the Annex thereto.

The Government of Canada further agrees that your Note and the Annex thereto, together with this reply, which is authentic in English and French, shall constitute an Agreement between our two Governments on this subject which shall enter into force on the date of this Note with effect from August 1, 1975.

Accept, Sir, the renewed assurances of my highest consideration.

Jack H. Warren

Ambassador of Canada