Ofcom: Wireless Telegraphy (Limitations of Number of Licences) Order: Approval to extend Order to Jersey

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A decision made 11 March 2014:

Decision Reference: MD-E-2014-0016
Decision Summary Title :	Proposed extension of the Wireless Telegraphy (Limitations of Number of Licences) Order [2014] to Jersey		Date of Decision Summary:	6th March 2014
Decision Summary Author:	Digital Economy and Media Strategy Manager		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 :	Wireless Telegraphy (Limitations of Number of Licences) Order [2014]		Date of Written Report:	6th March 2014
Written Report Author:	Digital Economy and Media Strategy Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Ofcom’s proposal to extend the Wireless Telegraphy (Limitations of Number of Licences) Order to Jersey.
Decision(s): The Minister approved the sending to Ofcom of the Jersey government’s approval to extend the Wireless Telegraphy (Limitations of Number of Licences) Order to Jersey by the usual means.
Reason(s) for Decision: The Minister noted that the proposed order sets out the criteria Ofcom will apply in determining the limit on the number of licences and the persons to whom the licences are granted. This will offer those applying for a licence increased transparency and legal certainty.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: Inform Steven Pallot, Senior Legal Adviser, Law Officers Department, of the Minister’s approval. Proceed with extension via the official channel and registration in the Royal Court.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Ofcom: Wireless Telegraphy (Limitations of Number of Licences) Order: Approval to extend Order to Jersey

Wireless Telegraphy (Limitations of Number of Licences) Order [2014]

Introduction

Ofcom manages spectrum and international coordination on behalf of the Channel Islands. The licensing of spectrum in the Channel Islands is carried out by Ofcom by virtue of the powers given to it by the Wireless Telegraphy Act 2006 [WTA] and the Communications Act 2003 as extended to the Channel Islands by Orders in Council.

Ofcom has consulted Jersey regarding extending the Wireless Telegraphy (Limitations of Number of Licences) Order [the Order] to Jersey in accordance with section 29(1) of the Wireless Telegraphy Act 2006.

Background

As set out in section 29(1) of the Wireless Telegraphy Act 2006 Ofcom may limit the number of licenses it issues for the use of particular frequencies where it considers it appropriate for the purpose of securing the efficient use of the electro-magnetic spectrum.

The proposed Order sets out the criteria which Ofcom will apply in determining the limit on the number of licences and the persons to whom licences are granted. It relates to licences in the following areas: Broadcasting, Programme Making and Special Events, Fixed Links, Satellite Service, Maritime, Aeronautical, Amateur Radio, Science and Technology and Business Radio.

In the UK the Order will replace and revoke the 2003 Limitations Order and the 2006 amendment. These Orders were not extended to the Crown dependencies at the time as the 2003 Limitations Order came into force before the Communications Act 2003 was extended to Jersey, Guernsey and the Isle of Man and therefore Ofcom had no powers to make such regulations in the Islands. The 2006 Limitations Order was not intended to apply to the Crown dependencies because the original Order it amended did not apply to the Crown dependencies.

The Order is designed to reflect changes that have been made to technical and regulatory arrangements as well as to respond to market changes and to advancements in radio technology.

Rationale for extending the Order

In considering the rationale for extending the Order, EDD has consulted with the JCRA, Ports of Jersey, the Law Officers Department and the Director of Civil Aviation. No objections have been raised.
The Order will offer those applying for a licence increased transparency and legal certainty.
The Order explicitly notes that Administered Incentive Pricing (AIP) licence products do not apply to Jersey, Guernsey and the Isle of Man. This places in law the fact that the licence products the Crown dependencies wish to maintain exist and can be applied in the islands.
Extending the Order to Jersey will not require any additional resource.
Guernsey and the Isle of Man have both agreed to extend the order.

Recommendation

The Minister is recommended to confirm that the Order may be extended to Jersey