Agreement with the British Broadcasting Corporation for the provision of broadcasting services in the Bailiwick of Jersey.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (17/11/2006) regarding Agreement with the British Broadcasting Corporation for the provision of broadcasting services in the Bailiwick of Jersey.

Subject:	Agreement with the British Broadcasting Corporation for the provision of broadcasting services in the Bailiwick of Jersey.
Decision Reference:	MD-E-2006-0201		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	BBC Agreement, 2006
Written report – Author (name and job title)	Jason Lane, Director of Regulatory Services
Decision(s): The Minister agreed to sign a new Agreement with the British Broadcasting Corporation for the provision of broadcasting services (BBC Radio Jersey) in the Bailiwick.
Reason(s) for decision: The new Agreement replaces the existing Agreement with the BBC for the provision of broadcasting services and takes account of the changes in the accountability structure of the BBC anticipated within the new BBC Royal Charter.
Action required: Jason Lane to inform the Editor of BBC Radio Jersey to arrange a suitable date whereby the Minister will sign the new Agreement together with a representative of the BBC Board of Governors. Jason Lane to inform the Greffier of the States that the new Agreement has been signed and to provide a copy of the said Agreement for the Greffe.
Signature: Senator P.F.C Ozouf (Minister)		Date of Decision: 17 November 2006

Agreement with the British Broadcasting Corporation for the provision of broadcasting services in the Bailiwick of Jersey.

Economic Development Report

New Agreement with the BBC

The existing Agreement for the provision of broadcasting services by the British Broadcasting Corporation within the Bailiwick of Jersey is due to terminate with the expiry of the BBC’s current Royal Charter on 31st December 2006.

Having negotiated with the BBC for the continued provision of BBC Radio Jersey and agreed a local accountability structure which takes account of Jersey’s unique constitutional status separate from that of the United Kingdom, it is recommended that the Minister, on behalf of the States, sign the new Agreement with the BBC (attached) before the expiry of the current Agreement. Such date to be determined in consultation with the local representatives of the BBC.

Dr Jason Lane ,

Director of Regulatory Services

15th November 2006

AGREEMENT

between

THE STATES OF JERSEY

and

THE BRITISH BROADCASTING CORPORATION

This AGREEMENT is made this *** day of October, two thousand and six between the STATES OF JERSEY (hereinafter called “the States”) acting by and through the Minister for Economic Development of the States (hereinafter called “the department”) of the one part and the BRITISH BROADCASTING CORPORATION (hereinafter called “the BBC”) of the other part.

WHEREAS

1. The existing Agreement will expire on the thirty-first day of December 2006.

2. The BBC has entered into a Framework Agreement dated thirtieth June 2006 in anticipation of the grant to the BBC of a new Charter both of which are intended to come fully into force on the first day of January 2007.

3. The States and the BBC wish to continue to have an agreement for the provision of broadcasting services in the Bailiwick of Jersey.

4. At the Regional Administrative Broadcasting Conference held in Geneva in 1975 the radio frequency of 1026 KHz (Jersey) was assigned to meet the broadcasting needs of Jersey and Her Majesty’s Secretary of State for the Home Department gave his approval under the Wireless Telegraphy Act 1949, to enable a community radio station to be operated on the said frequency by the BBC. In addition, the Bailiwick of Jersey has been assigned the use of the 88.8MHz frequency for VHF services (hereinafter called “the allotted frequencies”).

5. The parties have agreed that the terms are such that arrangements should be reduced to writing in the manner hereinafter appearing.

NOW IT IS HEREBY AGREED AS FOLLOWS –

1. The BBC agrees to provide a range of broadcasting services for reception in the Bailiwick of Jersey in accordance with its obligations under its Charter. In particular, the BBC shall continue to operate a community radio station in the Bailiwick of Jersey which will broadcast on the allotted frequencies under the style of “BBC Radio Jersey”, or such other style as may be agreed by the department and the BBC.

2. The States are not required to make any financial contribution to the provision of broadcasting services or to the cost of the Listeners’ Panel.

3. The BBC will continue to provide and broadcast on BBC Radio Jersey a full and comprehensive range of programmes of Bailiwick content reflecting the specific interests and views of the local community.

4. Commercial advertising may be included in programmes broadcast by BBC Jersey provided that the express agreement of the States has been obtained.

5. In the event of emergencies the BBC will ensure that those responsible for the transmission of broadcasting services transmit free of charge suitable announcements or messages initiated by those acting for the Emergency Powers Authority provided that the BBC or any one acting on its behalf, may, when transmitting such an announcement, at its discretion, announce or refrain from announcing that it is sent at the request of the named authority.

6. The BBC will continue to provide and broadcast on BBC Jersey comprehensive coverage of public meetings of the States of Jersey.

7. The BBC will, within six months of the date of this agreement, establish a Listeners' Panel (the "Panel”) for the Bailiwick whose role will be to advise the BBC on all matters affecting the content of community programmes provided by the BBC for reception in the Bailiwick, and all matters relating to other services of the BBC which affect the interests in the Bailiwick.

8. The Panel will include the Chair and members from the former Local Advisory Council (for a minimum period of eighteen months from January 2007). All subsequent appointments to the Panel shall be made in accordance with the following provisions of this Agreement.

9. Members of the Panel will be non-political and shall not be members of the States but will reflect as wide a cross section of people as possible in terms of background and location. Unless otherwise appointed for a shorter term ordinary members of the Panel will hold office for a period of up to four years. The selection and appointment of Panel members will be validated by an independent external assessor to be chosen locally by agreement between the States and the BBC.

10. The quorum of the Panel, when meeting as the Panel, will be the Chair and three ordinary members. The Panel will meet, as the Panel, at least twice each year; and as the core element in wider consultation and advisory initiatives at least a further four times a year.

11. The term of office of the Chair will be for up to four years and such person will be eligible for re-appointment. The Chair will have a seat on the BBC South West Regional Audience Council for a period of up to four years with the possibility of an extension.

12. As a member of the South West Regional Audience Council, any new Chair will be appointed by a panel consisting of the local editor, the Chair of the Regional Audience Council, the BBC’s Regional Accountability Manager and the external assessor.

13. The Chair of the Panel will meet at least four times a year with the BBC South West Regional Audience Council and will present the Panel’s annual report to the Bailiwick “Department” and to the South West Regional Audience Council, giving details of the extent to which the BBC has complied with the terms of this Agreement and its obligations under the Charter in respect of audiences within the Bailiwick.

14. If at any time the Panel is of the opinion that the BBC has grossly neglected its duties to provide broadcasting services to the Bailiwick in accordance with the provisions of this Agreement or has wilfully misused the allotted frequencies it will make a report to the BBC Regional Audience Council setting out the reasons for that opinion and advising the BBC that it proposes to refer the matter to the Bailiwick “Department” with a view to the Minister reporting thereon to the States. The BBC will have three months from the date of receipt of such report to respond to the comments of the Council. Upon receipt of the response or upon the failure of the BBC to respond, the Council will report to the Minister if it is still of the opinion that the BBC has grossly neglected its duty in the provision of broadcasting services or wilfully misused the allotted frequencies and the Minister may report thereon to the States. If the States are of the opinion that the BBC has grossly neglected its duty or has wilfully misused the allotted frequencies, they will have the right to terminate this Agreement and request the Secretary of State to withdraw his approval to the continued use of the allotted frequencies by the BBC.

15. No compensation is payable to the BBC for any loss resulting from a termination of this Agreement.

16. Nothing in this Agreement shall be construed as requiring the BBC to act in breach of any provision of its Charter and Agreement and in the event of any conflict between the provisions of this Agreement and the provisions of the Charter and Agreement the provisions of the latter shall prevail.

17. This agreement is conditional upon and subject to the grant to the BBC of a Royal Charter to replace the existing Charter which expires on thirty first day of December 2006, but subject to such grant taking place, will commence on the first day of January 2007 and will expire on the thirty-first day of December 2016 (or upon the earlier revocation, repeal, annulment or surrender of the BBC’s Royal Charter) unless earlier terminated.

18. Two years prior to the expiry of this Agreement the parties will commence negotiations with a view to the renewal of the Agreement. The parties declare their intention that they will not refuse to renew this Agreement unless they have good cause to do so.

19. This agreement is subject to the law of the Island of Jersey.

………………………………………… ……………………………………………………....

BBC Governor Economic Development Minister, States of Jersey

Date Date