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