Proposed amendments to Wireless Telegraphy Regulations 2008.

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A decision made (20/08/2008) regarding: Proposed amendments to Wireless Telegraphy Regulations 2008.

Decision Reference: MD-E-2008-0165
Decision Summary Title :	Proposed amendments to Wireless Telegraphy Regulations 2008		Date of Decision Summary:	20th August 2008
Decision Summary Author:	Dr Jason Lane – Director of Regulatory Services		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Agreement to amend the Wireless Telegraphy (Exemption) Regulations 2003 and to the extension of the Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2008		Date of Written Report:	20th August 2008
Written Report Author:	Dr Jason Lane – Director of Regulatory Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Ofcom's proposals to amend the Wireless Telegraphy (Exemption) Regulations 2003 and to make the Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2008.
Decision(s): The Assistant Minister approved the sending to Ofcom of the Insular Authorities approval to amend the Wireless Telegraphy (Exemption) Regulations 2003 and to make the Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2008.
Reason(s) for Decision: The Assistant Minister notes that the amendment to the 2003 Regulation is part of a European wide standardisation of frequency licensing and believes that it is in the Island’s interests to conform to the proposed changes which are de-regulatory in nature. Similarly, the proposed new 2008 Regulation will apply only to aircraft travelling 3000 metres above the Island and conformity is also seen to be appropriate.
Resource Implications: None
Action required: Contact Mike Entwistle, Chief Minister’s Department, for follow-up to Ofcom via the Department for Constitutional Affairs, London. Inform Steven Pallot, Senior Legal Adviser, Law Officers Department, of the Assistant Minister’s approval.
Signature: Deputy A.J.h.Maclean		Position: Assistant Minister
Date Signed:		Date of Decision (If different from Date Signed):

Proposed amendments to Wireless Telegraphy Regulations 2008.

Economic Development Report

Agreement to amend the Wireless Telegraphy (Exemption) Regulations 2003 and to the extension of the Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2008

The Amendment Regulations which are proposed will make four amendments to the Exemption Regulations to include reference to updated interface requirements and the addition of High Density Fixed Satellite Applications (HDFSS):

The first proposed amendment changes Regulation 3 to extend the number of equipment schedules to include HDFSS.
The second amendment updates the reference in Part III (interface requirement) for Schedule 7 (Land Mobile Satellite Services) to incorporate reference to the latest IR2016 published by Ofcom on [October] 2008.
The third amendment updates the reference in Part III (interface requirement) for Schedule 6 (short range devices) to incorporate reference to the latest IR2030 published by Ofcom on [October] 2008.
The fourth amendment inserts a new Schedule (11) in order to make High Density Fixed Satellite Applications exempt from WT Act licensing. The new Schedule includes reference to IR2066 published by Ofcom on [October] 2008.

These proposed changes are part of a European wide standardisation and are largely de-regulatory in nature. As Jersey uses Ofcom as its spectrum manager it is appropriate that Jersey incorporates these changes as requested by Ofcom.

The proposed 2008 Regulation will exempt the use of mobile terminals on-board aircraft pursuant to section 8(4) of the Wireless Telegraphy Act. The Proposed Regulations set the terms, provisions and limitations to be complied with for the on-board MCA system. The Proposed Regulations provide that the exemption shall apply if:

“Wireless telegraphy apparatus” (mobile terminals used by passengers) comply with the ETSI standards set in the MCA Decision or equivalent specification.
The wireless telegraphy apparatus may only operate in the frequencies 1710 -1785 MHz and 1805 - 1880 MHz (“the 1800 MHz band”) and must only be used for MCA services.
The wireless telegraphy apparatus may only be used at a minimum height above ground of 3000 metres.
The wireless telegraphy apparatus shall be used on a non-interference and non-protected basis.
The wireless telegraphy apparatus may only be used where the transmission power of all wireless telegraphy apparatus is limited by the aircraft BTS to a nominal value of 0 dBm at all stages of communication, including initial access.
The wireless telegraphy apparatus may only be used where the e.i.r.p. outside the aircraft emanating from the wireless telegraphy apparatus transmitting at 0 dBm does not, at a height above ground specified in Column 1 of Table 2 of the Schedule, exceed the value of the maximum e.i.r.p. specified in Column 2 of that Table in relation to that height above ground.
The wireless telegraphy apparatus must connect to a relevant network which complies with the following conditions for the purpose of providing MCA services –

(a) the NCU must prevent the receiving wireless telegraphy apparatus within the frequency bands listed in Column 1 of Table 1 of the Schedule, from registering with the systems on the ground listed in Column 2 of that Table;

(b) the total e.i.r.p. outside the aircraft emanating from the NCU or aircraft BTS must not, at a height above ground specified in Column 1 of Table 3 of the Schedule, and at the frequency bands specified in Columns 2(a) to 2(d) of that Table, exceed the power level specified in those Columns of that Table in relation to that height above ground.

This Regulation will allow for aircraft within Jersey’s airspace to use hand held communication devices so long as they do not connect directly to systems on the ground and as such will not interfere with, nor effect the operation of terrestrial telecommunication services. In order to ensure that airborne users are not technically in breach of the Act while flying over the Island, the Assistant Minister believes that Jersey should request extension of the proposed Regulation.

Dr Jason Lane

Director of Regulatory Services

Economic Development

20 th August 2008