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Exchange of Notes (November 26, 1990 and February 25, 1991) between the Government of Canada and the Government of the United States of America constituting an Agreement concerning the Use of the 88 to 108 Megahertz Band for Frequency Modulation Broadcasting (FM) [1991] CATSer 7 (25 February 1991)

E102016 - CTS 1991 No. 10

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT CONCERNING THE USE OF THE 88 TO 108 MEGAHERTZ BAND FOR FREQUENCY MODULATION BROADCASTING (FM)

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

CANADIAN EMBASSY

WASHINGTON, November 26, 1990

Note No. 149

The Honourable James A. Baker, III
Secretary of State
Washington, D.C.

Sir,

I have the honour to refer to the Exchange of Notes (January 8 and October 15, 1947) between Canada and the United States of America constituting an Agreement on the allocation of channels for radio broadcasting effective October 15, 1947 (the 1947 Agreement) and to the recent discussions between representatives of both Governments concerning the use of the 88 to 108 megahertz frequency band for frequency modulation broadcasting (FM). Furthermore, I have the honour to propose that the above-mentioned Agreement be replaced by the following.

In order to prevent undue interference between stations in the respective countries, the allotment and assignment of channels in areas adjacent to the border of Canada and the United States shall be in accordance with the conditions set forth herein and in the attached Working Arrangement.

For the purpose of this Note, the expression "Administrations" refers to the Department of Communications for Canada and the Federal Communications Commission for the United States of America. The Administrations shall exchange information and cooperate with each other for the purpose of minimizing interference and obtaining maximum efficiency in the use of FM broadcasting radio channels. To this end, the Administrations have accepted the attached Working Arrangement, including its Annexes. Tables A and B of Annex IV of the Working Arrangement may be revised by direct correspondence between the Administrations. The Administrations shall, as necessary, review the Working Arrangement and its implementation in light of domestic and international developments. Amendments to the Working Arrangement, other than revisions to Tables A and B of Annex IV, shall be accomplished by exchange of notes between the two Governments.

Notification of proposed revisions to Tables A and B of Annex IV shall be made to the other Administration in accordance with the provisions of the Working Arrangement. Assignments made within 320 kilometres of the border shall be in accordance with these Tables, as revised from time to time and shall be notified in accordance with the provisions of the Working Arrangement.

Assignments made at points which are more than 320 kilometres from the nearest point on the border of Canada and the United States will normally have no international significance and need not be notified except in cases of unusual operating parameters where the possibility exists that interference could be caused to stations of the other Administration.

If the foregoing proposals are acceptable to the Government of the United States of America, I have the honour to propose that this Note, including the attached Working Arrangement, which are authentic in English and French, and your Note in reply shall constitute an Agreement between the Governments of Canada and the United States of America which shall enter into force on the date of your reply. Upon entry into force, this Agreement shall supersede the 1947 Agreement.

This Agreement may be amended through exchange of notes between the two Governments.

Either Government may terminate this Agreement at any time by giving written notice to this effect at least one year prior to the date contemplated for such termination.

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

Derek H. Burney

Ambassador

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

DEPARTMENT OF STATE

WASHINGTON, February 25, 1991

His Excellency Derek H. Burney,
Ambassador of Canada

Excellency:

I have the honor to refer to your note No. 149 dated November 26, 1990, with an attached Working Arrangement, proposing an agreement between the Governments of the United States of America and Canada concerning the use of the 88 to 108 megahertz frequency band for frequency modulation broadcasting (FM). The new agreement would replace the agreement between the two Governments effected by the exchange of notes of January 8 and October 15, 1947 (the 1947 Agreement).

I have the further honor to inform you that the Government of the United States of America accepts the proposals contained in your note including its attached Working Arrangement and that this exchange of notes constitutes an agreement between the two Governments, which shall enter into force on the date of this note and shall supersede the 1947 Agreement.

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

For the Secretary of State:

Bradley P. Holmes

Enclosure : Working Arrangement