GSM Telecommunications: Master Licence Agreements.

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A decision made (15/01/2007) regarding: GSM Telecommunications: Master Licence Agreements.

Subject:	GSM Telecommunications :Master Licence Agreements
Decision Reference:	MD-PH-2007-0001	Exempt clause(s):		None
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		20 GEN
Written Report – Title	GSM Telecommunications : Master Licence Agreements	Written report - author		Neil Sproston
Decision(s): 1. In accordance with Article 28 of the States of Jersey Law 2005 the Minister for Treasury and Resources delegates authority to the Director of Property Holdings to enter into Master Licence Agreements with appropriately licensed telecommunications providers for the occupation of Public owned sites.
Reason(s) for decision: This decision now permits the Director of Property Holdings to enter into Master Licence Agreements with licensed telecommunications service providers to establish terms for the occupation of Public owned sites.
Action required: The Director of Property Holdings to request the Greffier of the States to notify the States of the above decision.
Signature: (Minister) Senator T A Le Sueur			Date of Decision: 15 January 2007

GSM Telecommunications: Master Licence Agreements.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Delegation of power for Ministerial Decision - Minister for Treasury and Resources

GSM Telecommunications : Master Licence Agreements

NS 20/GEN

Purpose

To seek approval from the Minister for Treasury and Resources in connection with the delegation of powers under Article 28 of the States of Jersey Law (2005) to the Director of Property Holdings concerning generic agreements entered into with GSM telecommunications service providers.

Background

Following the introduction of the Telecommunications (Jersey ) Law 2002, the telecommunications market in Jersey was rendered open for possible competition, subject to bona fide service providers gaining operating licences from the Jersey Competition Regulatory Authority.

To enable the operators’ networks to function, the service providers concerned, including Cable and Wireless (Jersey) Limited, Jersey Airtel Limited and Jersey Telecom need to establish GSM base stations upon a number of Public owned sites.

Current Situation

It is proposed that in order to suitably document the occupation of Public land for these purposes, Master Licence Agreements be entered into with Jersey Airtel Limited, Jersey Telecom, Cable and Wireless and perhaps others. These agreements are intended to protect the position of the Public and set out the majority of the legal provisions that dictate the manner in which the sites are occupied including; use, installation, assignment, insurance, rent review, termination and arbitration.

Once such agreements are completed individual Site Licence Agreements will be completed in respect of each site, subject to agreement of financial terms.

Recommendation

It is recommended that the Minister for Treasury and Resources delegates powers to the Director of Property Holdings under Article 28 of the States of Jersey Law (2005) in respect of entering into Master Licence Agreements with licensed telecom service providers.

Written By: Neil Sproston

Signature …………………………

Authorised By: Director of Property Holdings

Signature ………………………… 10 January 2007