Direction to the Jersey Competition Regulatory Authority under Part 3 Article 8(1) of the Telecommunications Law in relation to mobile telephone telecommunication masts.

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A decision made (26/10/2007) regarding: Direction to the Jersey Competition Regulatory Authority under Part 3 Article 8(1) of the Telecommunications Law in relation to mobile telephone telecommunication masts.

Decision Reference: MD-E-2007-0208
Decision Summary Title :	DS-Direction to JCRA under Part 3 Article 8(1) Telecom law.doc		Date of Decision Summary:	22.10.2007
Decision Summary Author:	Dr Jason Lane		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Report DS-Direction to JCRA under Part 3 Article 8(1) Telecom law.doc		Date of Written Report:	22.10.2007
Written Report Author:	Dr Jason Lane		Written Report : Public or Exempt?	Public
Subject: Direction to the Jersey Competition Regulatory Authority under Part 3 Article 8(1) of the Telecommunications Law in relation to mobile telephone telecommunications masts.
Decision(s): The Minister agreed to issue direction to the Jersey Competition Regulatory Authority (JCRA)
Reason(s) for Decision: Following evidence given by the Minister for Economic Development to the Health, Social Services and Housing Scrutiny Sub-Panel on 23rd May 2007 regarding the installation, use and testing of mobile telephone masts; an undertaking was given to the Sub-Panel to discuss with the JCRA the issues of emissions testing and the development of a website giving up-to-date information on the position, strength and independent testing of emissions from mobile masts. A further undertaking was made to engage with the JCRA and its licensees on the question of mast and infrastructure sharing. With the anticipated continued development and roll out of next generation mobile phones there is a desire to limit the number of masts wherever possible, encouraging operators to plan for future shared resourcing.
Resource Implications: The JCRA is a self funding body and any costs associated with this Direction may be recouped from licence fees.
Action required: Forward to the Publications Editor of the States Greffe and request that they be presented as a Report so that the States can be notified of the directions.
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Direction to the Jersey Competition Regulatory Authority under Part 3 Article 8(1) of the Telecommunications Law in relation to mobile telephone telecommunication masts.

Report

ECONOMIC DEVELOPMENT

Part 3, Article 8, Telecommunications (Jersey) Law 2002: Mobile Telecommunications Masts

The Minister for Economic issues the following Direction to the Jersey Competition Regulatory Authority (JCRA) under the terms of its operator’s licences to ensure that:

Independent random testing and monitoring of radiation emissions from mobile masts / base stations is undertaken and that this testing is paid for by the Authority's licensees, but managed by the Authority;
Testing take place annually for the first two years and thereafter every second year;
Reports from testing should be made available to the Minister for Economic Development and a copy provided to the Health Protection Unit at the Health and Social Services Department;
Members of the public should be able to make a complaint regarding levels of emissions of masts near their homes, but the actual testing regime shall be determined by the JCRA;
Licensees should be required to pay for the development and operation of a publicly accessible website that will as a minimum deliver:

Information on the location of mobile masts
Independently verified information on individual masts in accordance with the testing regime adopted by the Authority
Information regarding the current international standards in respect of safe levels of emissions
the website should be regularly updated in accordance with available information in order to best deliver these objectives.

This Direction has been discussed with the JCRA in accordance with Article 8(4) of the Telecommunications (Jersey) Law 2002 and acknowledged by the Chairman of the Authority in his letter of 15th October 2007.

Dr Jason Lane

Director of Regulatory Services

24 October 2007