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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 for the Coordination and Use of Radio Frequencies above Thirty Megacycles per Second, done at Ottawa on 24 October 1962, as amended [2005] CATSer 10 (20 June 2005)

E105037

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT TO AMEND THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE COORDINATION AND USE OF RADIO FREQUENCIES ABOVE THIRTY MEGACYCLES PER SECOND, DONE AT OTTAWA ON 24 OCTOBER 1962, AS AMENDED

I

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

Washington, D.C., June 15, 2005

Note No. UNEC0083

Her Excellency Condoleezza Rice
Secretary of State of the United States of America

Excellency,

I have the honour to refer to discussions which have taken place between representatives of the Government of Canada and the Government of the United States of America, relating to a proposed Amendment to the Exchange of Notes between the Government of Canada and the Government of the United States of America concerning the coordination and use of radio frequencies above thirty megacycles per second, done in Ottawa, October 24, 1962, as amended previously by Exchanges of Notes dated June 16 and 24, 1965, February 26 and April 7, 1982, and November 2, 1993 and January 4, 1994, (hereinafter "the 1962 Agreement").

The proposed Amendment to the 1962 Agreement provides for a new Technical Annex (attached herewith and referred to as "the Arrangement") regarding sharing of the portion of the radiofrequency spectrum between 764-776 MHz and 794-806 MHz near the border ¹.

Accordingly, I have the honour to request the concurrence of the Government of the United States of America to the attached Arrangement and propose that it be annexed to the 1962 Agreement as "Arrangement G" and that the Index to the Technical Annex of the 1962 Agreement (hereinafter "the Index") be modified by adding, after Item 35, new items that would read as follows:

As a consequence of the addition of these two items to the Index, I have the honour to propose that the current Item "35 bis," in the Index, be modified to read Item "35 quar."

I have the further honour to propose that, if the foregoing is acceptable to the Government of the United States of America, this Note, including the attached Arrangement, which is equally authentic in English and French, and Your Excellency's Note in reply, shall constitute an Arrangement between our two Governments which shall enter into force on the date of Your Excellency's Note in reply.

Please accept, Excellency, the renewed assurances of my highest consideration.

Frank McKenna
Ambassador of Canada

¹ These portions of the radiofrequency spectrum are presently covered by an Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement concerning the Use of Frequency Bands for Television Broadcasting and the Associated Arrangement (with Annexes), done at Washington, November 3, 1993 and January 5, 1994.

II

The Coordinator for International Communications and Information Policy of the United States to the Ambassadotr of Canada

Washington, June 20, 2005

His Excellency Frank McKenna
Ambassador fo Canada

Excellency:

I have the honour to refer to your Note No. UNEC0083 dated June 15, 2005, with its attached Arrangement, proposing an amendment to the Exchange of Notes between the Government of the United States of America and the Government of Canada concerning the coordination and use of radio frequencies above thirty megacycles per second, done in Ottawa, October 24, 1962, as amended.

I have the further honor to inform you that the proposed amendment set forth in your Note and its attached Arrangement are acceptable to the Government of the United States of America and to concur with the proposal that your Note with its attached Arrangement and this reply shall constitute an Agreement between the Government of the United States of America and the Government of Canada, which shall enter into force on the date of this Note.

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

For the Secretary of State:

David A. Gross

United States Coordinator
for International Communications
and Information Policy