Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014: Extension to Jersey

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A decision made on 2 April 2014:

Decision Reference: MD-E-2014-0024
Decision Summary Title :	Proposed extension of the Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014		Date of Decision Summary:	25 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 (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014		Date of Written Report:	25 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 to Jersey the Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014.
Decision(s): The Minister approved the sending to Ofcom of the Jersey government’s approval to extend the Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014 to Jersey by the usual means.
Reason(s) for Decision: The Minister noted that the proposed regulations are part of a European wide standardisation and that it is in the island’s interests to conform to the proposed changes which are de-regulatory in nature.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: Inform 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):

Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014: Extension to Jersey

Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 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 contacted Jersey regarding extending the Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014 [the Proposed Regulations] to Jersey.

Background

The use of mobile devices on aircraft has been permitted in the EU since 2008. However, it is limited to GSM 1800 (2G) technologies only.

In light of advancements in technology and increasing demand for mobile data services the EU amended its 2008 MCA Decision and extended the harmonisation of MCA services to cover 3G services in 1920-1980MHz and 2110-2170MHz (the “2100 MHz” frequency band) and 4G in 1710-1785MHz and 1805-1880 MHz (the “1800 MHz” frequency band).

Ofcom is therefore extending the current licence exemption arrangements in the UK to cover the use of 3G and 4G mobile terminals when connecting to mobile communication services (MCA) on aircraft by making the Proposed Regulations. Ofcom has consulted Jersey regarding extending these regulations to Jersey.

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 Regulations

The proposed Regulations 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, when adopted, would:

revoke and replace the existing MCA Exemption Regulations in the UK;
continue to permit on a licence exempt basis the use of 2G GSM technologies connecting to MCA services in the 1710-1785 and 1806-1880 MHz (the “1800” MHz) band. (Subject to complying with various terms, provisions and limitations;
extend the licence exemption regime to cover the use of 3G and 4G technologies (in the 2100 MHz and 1800MHz bands) to connect to MCA services. (Subject to complying with various terms, provisions and limitations); and
outline the technical parameters that the MCA systems in the 1800 MHz and 2100MHz bands must meet in order to be exempt from the need to hold a wireless telegraphy licence.

Equipment will be exempt if its installation or use is not likely to:

involve undue interference with wireless telegraphy;
have an adverse effect on technical quality of service;
lead to inefficient use of the part of the electromagnetic spectrum available to wireless telegraphy;
endanger safety of life;
prejudice the promotion of social, regional or territorial cohesion; or
prejudice the promotion of cultural and linguistic diversity and media pluralism.

The use of apparatus on board aircraft registered in the UK, Isle of Man or any of the Channel Islands or aircraft flying over the relevant territorial waters will be exempt from licence if it meets the terms, provisions and limitations set out in regulation 5. These are summarised below:

It must comply with the relevant GSM standard.
The apparatus must only operate in the 1800MHz or the 2100MHz band.
The apparatus must only be used, for mobile communication services on aircraft, when the aircraft is three thousand metres or more above the ground and when the following operational requirements are met:
1. the aircraft BTS [1], while in operation limits the transmission power of all GSM apparatus to a nominal value of 0 dBm/200kHz at all stages of communication, including initial access;
2. the aircraft BTS, while in operation, limits the transmission power of all LTE apparatus in the 1800MHz band to a nominal value of 5 dBm/5MHz at all stages of communications;
3. the aircraft BTS, while in operation limits the transmission power of all UMTS apparatus in the 2100MHz band to a nominal value of -6 dBm/3.84MHz at all stages of communication and the maximum number of users does not exceed 20;
Where the e.i.r.p [2] outside the aircraft emanating from the apparatus transmitting in the frequency bands specified in the headings of Columns 2 to 4 of Table 1 of the Schedule, does not, at each of the heights above ground specified in Column 1 of that Table exceed the value specified in each of Columns 2, 3 or 4 of that Table.
The apparatus must not cause or contribute to undue interference to any wireless telegraphy.
The apparatus must connect directly to a relevant network in which –
1. the network control unit prevents the apparatus, when operating on one of the frequency bands listed in Colum 1 of Table 2 of the Schedule, from registering on that band with the types of system on the ground which are listed adjacent to that band in Column 2 of that table;
2. the network control unit and the aircraft BTS operate such that their total e.i.r.p outside the aircraft does not, at each height above the ground specified in Column 1 of Table 4 of the Schedule and at each of the frequency bands specified in the heading of Columns 2 – 6 of that Table, exceed the value specified in Columns 2 to 6 of that Table;
3. the aircraft BTS complies with the GSM standards EN 301 502 and EN 302 480, the UMTS standard EN 301 908-1, EN 301 908-3 and EN 301 908-11, or the LTE standard EN 301 908-14 and EN 301 908-15, published by ETSI (or equivalent specifications); and
4. the network control unit complies with the standard EN 302 480 published by ETSI (or equivalent specification).

Ofcom will also extend the existing aeronautical licensing regime that authorises a licenced aircraft owner or operator to use MCA radio equipment to use these technologies. This will be done via a Notice of Variation to the existing aircraft radio WT Act licence.

As with all radio equipment on an aircraft the licensee is responsible for the installation, operation of the on-board MCA radio equipment and the avoidance of interference to terrestrial systems. Although the Proposed Regulations will enable the use of these technologies; the deployment of such systems is not mandatory. Ultimately any decision on the roll out and deployment of the MCA systems is the responsibility of the aircraft owner or the airline operator.

Rationale for extending the Regulations

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 Proposed Regulations are part of a European wide standardisation and are deregulatory in character as the policy will exempt from licensing the use of specified equipment where it is not likely that such use will cause undue interference to other legitimate users of the radio spectrum.

As Jersey uses Ofcom as its spectrum manager it is appropriate that Jersey incorporates these changes as requested by Ofcom.

Conformity with the UK and Europe is also seen to be appropriate.

The Proposed Regulations will apply only to aircraft traveling at least 3000 metres above the island.
Extension to Jersey means that any aircraft registered in Jersey will also be exempt from requiring a licence for the specified equipment.

Jersey previously considered extension the 2008 MCA Exemption Regulations. However, at the time Ofcom had some concerns about the complexity of extending certain statutory instruments. That is no longer an issue.

Extending the Regulations to Jersey will not require any additional resource.

Recommendation

The Minister is recommended to confirm that the Regulations may be extended to Jersey in the usual way.

[1] aircraft base transceiver station

[2] equivalent isotropic radiated power