Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (11.07.07) to agree to the extension of the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007.

Subject:	The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2007
Decision Reference:	MD-E-2007-0135		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2007
Written report – Author (name and job title)	Jason Lane, Director of Regulatory Services
Decision(s): The Minister agrees to the extension of the above Regulations.
Reason(s) for decision: The decision to request extension is based on the move to deregulate and standardise the use of Ultra-Wideband technologies across Europe. Ofcom has requested the view of the Insular Authorities. The Minister believes that keeping Jersey in step with the United Kingdom, together with deregulating and simplifying the use of these technologies is in the best interests of the Island.
Action required: Jason Lane to inform Richard Whitehead, Principal Legal Adviser, and Melanie Cavey, Research/Project Officer, that the Minister has approved the decision to request extension.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision:

Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007

Economic Development Report

The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2007

The Minister must approve extensions of Wireless Telegraphy Regulations to the Island.

UWB is a generic term for technologies typically characterised by the emission of very low power radiation spread over a very large radio bandwidth.

Ofcom believe that globalisation of the marketplace and increased interest from businesses in the potential of UWB technology has led to a growing need for more international solutions which utilise spectrum in a harmonised manner for UWB technology. UWB solutions now have the advanced technical characteristics necessary, for example, to allow for the co-location of multiple devices in a small area which is a requirement of the Short Range Device, consumer electronics, retail and logistics industries. Implementation of the Decision on UWB will go some way towards addressing these requirements and enable the benefits of this new technology to be realised. In a local context this would mean that supermarkets, for example, could be able to use the technology to track their stock and build up better customer profiles without the need for a WT Act licence.

Ofcom consulted on policy considerations with respect to UWB technology in 2005 and after further stakeholder meetings Ofcom published a paper in September 2005 which set out the UK’s strategy for the implementation of UWB technology in Europe.

After lengthy negotiations and discussions between Member States, the decision to allow the use of the radio spectrum for equipment using UWB technology in a harmonised manner in the Community was published on 21 February 2007. The Decision requires that Member States make available the use of radio spectrum for UWB technology on a non-interference and non-protected basis. The Decision was addressed to all Member States to implement as early as possible, but no later than 21 August, six months following the entry into force of the Decision.

Ofcom aims to support the development of innovative radio technologies and applications. The Statutory Notice contains proposals to enable new technologies to be introduced into the UK and to operate on a licence-exempt basis. To implement the new Decision, Ofcom proposes to make spectrum available by a Statutory Instrument (Regulations) which permits the use of UWB equipment without the need to hold a licence under the Act.

Extension of the Regulations is considered to be in the Island's interest as it will serve to reduce regulatory hurdles to the development and use of new technologies on the Island and provides no disbenefit. The JCRA has been consulted and has no comment or objection.

Dr Jason Lane

Director of Regulatory Services

Economic Development

5th July 2007