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Exchange of Notes constituting an Agreement to amend the Agreement between the Government of Canada and the Government of the United States of America on the Use of the 88 to 108 Megahertz Band for Frequency Modulation Broadcasting (FM), done at Washington on February 25, 1991 [1997] CATSer 26 (9 July 1997)

E102017 - CTS 1997 No. 22

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT TO AMEND THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON THE USE OF THE 88 TO 108 MEGAHERTZ BAND FOR FREQUENCY MODULATION BROADCASTING (FM), DONE AT WASHINGTON ON FEBRUARY 25, 1991

I

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

DEPARTMENT OF STATE

WASHINGTON, July 9, 1997

His Excellency Raymond Chrétien,
Ambassador of Canada

Excellency,

I have the honor to refer to the Exchange of Notes (November 26, 1990 and February 25, 1991) constituting an Agreement between the Government of the United States of America and the Government of Canada concerning the use of the 88 to 108 megahertz frequency band for frequency modulation broadcasting (FM) (hereinafter referred to as the "1991 Agreement") and to discussions between representatives of both Governments concerning revisions to the Working Arrangement "Working Arrangement for the allotment and assignment of FM broadcasting channels under the Agreement between the Government of Canada and the Government of the United States of America relating to the FM broadcasting service", which forms and integral part of that Agreement. In the interests of improved use of the FM Broadcasting Band, I propose that certain provisions of the Working Arrangement for the allotment and assignment of FM broadcasting channels be amended in accordance with the attachment to this Note.

Accordingly, I propose that this Note, with its attachment, and your affirmative reply, shall constitute an Agreement to amend the 1991 Agreement which shall enter into force on the date of your reply.

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

For the Secretary of State:

Vonya B. McCann

Attachment: Amendment to the Working Arrangement

Proposed Changes to the 1991 FM Working Arrangement

1. In the Preamble, the date in parentheses at the end of the first sentence which reads "1989" shall read "1991".

2. In section 2.2.1, add a Class A1 with effective radiated power of 0/25 kilowatts and an antenna height above average terrain of 100 meters. Change the effective radiated power for Class A from 3 to 6 kilowatts. In the parenthetical expression, delete the last sentence beginning "Canadian Class A1 shall...".

3. In section 2.4, replace the table of "Minimum Distance Separation Requirements" with the attached table, and delete the last sentence of the test within parentheses, which begins "Canadian Class A1 shall...".

4. In section 3.5.2, the text within parentheses which reads "see 5.2.1" shall read "see 5.2.2.".

5. In section 4.2, end the sentence after "300" and delete the rest of the current text.

6. In section 4.3, change the effective radiated power from 50 to 250 watts and the interference contour from 32 to 60 km.

7. In section 4.4, replace the existing text with, "For coordination purposes, all proposals for such stations whose interference contour (34 dBu) would extend beyond the common border need to be referred for concurrence.".

8. In sections 5.1.1 and 5.4, replace "the Department of Communications" with "Industry Canada".

9. In section 5.2.2.1, add Class A1 with a field strength of 0.5 mV/m (54 dBu) and a maximum distance of 18 km. Change the maximum distance of Class A from 33 to 38 km. Delete the last sentence of the text within parentheses, which begins "Canadian Class A1 shall...".

10. In section 5.2.2.3, add Class A1 to the classes listed.

2.4 Minimum distance separation

MINIMUM DISTANCE SEPARATION REQUIREMENTS
(in kilometres)

(U.S. Class C2 shall be considered as Class B for the purposes of the above table.)

II

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

CANADIAN EMBASSY

WASHINGTON, July 9, 1997

No. UNEC 0195

The Honourable Madeleine K. Albright
Secretary of State
Washington, D.C. 20520

Madam,

I have the honour to refer to your Note dated July 9, 1997, with its attachment, which reads as follows:

"I have the honor to refer to the Exchange of Notes (November 26, 1990 and February 25, 1991) constituting an Agreement between the Government of the United States of America and the Government of Canada concerning the use of the 88 to 108 megahertz frequency band for frequency modulation broadcasting (FM) (hereinafter referred to as the "1991 Agreement") and to discussions between representatives of both Governments concerning revisions to the Working Arrangement "Working Arrangement for the allotment and assignment of FM broadcasting channels under the Agreement between the Government of Canada and the Government of the United States of America relating to the FM broadcasting service", which forms and integral part of that Agreement. In the interests of improved use of the FM Broadcasting Band, I propose that certain provisions of the Working Arrangement for the allotment and assignment of FM broadcasting channels be amended in accordance with the attachment to this Note.

Accordingly, I propose that this Note, with its attachment, and your affirmative reply, shall constitute an Agreement to amend the 1991 Agreement which shall enter into force on the date of your reply.

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

I have the further honour to inform you that the Government of Canada accepts the proposals contained in your Note and attachment. Accordingly, your Note and this reply, which is equally authentic in English and French, shall constitute an Agreement to amend the 1991 Agreement which shall enter into force on the date of this Note.

Accept the renewed assurances of my highest consideration.

Raymond Chrétien

Ambassador

Attachment: Amendment to the Working Arrangement