Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009.

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.

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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
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A decision made (06/07/2009) regarding: Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009.

Decision Reference: MD-E-2009-0111
Decision Summary Title :	The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009		Date of Decision Summary:	30 June 2009
Decision Summary Author:	Director of Regulatory Services		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 :	The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009		Date of Written Report:	30 June 2009
Written Report Author:	Director of Regulatory Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009: extension to Jersey.
Decision(s): The Minister approved the extension of the above Regulations to the Island.
Reason(s) for Decision: The decision to request extension is based on the move to deregulate and standardise the use of short-range technologies across Europe. Ofcom has requested the view of the Insular Authorities. The Minister believes that keeping Jersey in step with the United Kingdom, together with deregulating and simplifying the use of these technologies is in the best interests of the Island.
Resource Implications: None
Action required: Director of Regulatory Services to inform International Relations Officer, CMD, that the Minister has approved the decision to request extension.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009.

Economic Development Report

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009

The Minister must approve extensions of Wireless Telegraphy Regulations to the Island.

The Proposed Regulations will implement the requirements of European Commission

Decision 2009/381/EC of 13 May 2009 on harmonisation of the radio spectrum for use by short-range devices (the “SRD Amendment Decision”). Under section 8(1) of the Wireless Telegraphy Act 2006, it is an offence to establish, install or use equipment to transmit without holding a licence, unless the use of such equipment is exempted. Ofcom has notified the Island of its intention to make the following devices licence exempt:

Tank Level Probing Radar (TLPR) at 4.5-7, 8.5-10.6, 24.05-27, 57-64 and 75-85 GHz;
Radio determination applications at 2400-2483.5 MHz and 17.1-17.3 GHz (including Ground Based Synthetic Aperture Radar – GB-SAR); and
Wideband data transmission systems (WBDTS) at 57-66 GHz (including wireless distribution of High Definition – HD – video).

Ofcom also proposes to licence-exempt airborne use of the following equipment:

WBDTS at 2400-2483.5 MHz and 57-66 GHz;
Radio determination applications at 2400-2483.5 MHz;
TLPR at 4.5-7, 8.5-10.6, 24.05-27, 57-64 and 75-85 GHz;
Model Control at 26990-27000, 27040-27050, 27090-271000, 27140-27150 and 27190-27200 kHz; and
Radio Frequency Identification at 2446-2454 MHz.

Subject to consideration of responses to their consultation, Ofcom intends to bring the new Regulations into force by August 2009.

Under section 8(1) of the Wireless Telegraphy Act 2006, it is an offence to establish, install or use equipment to transmit without holding a licence granted by us unless the use of such equipment is exempted. Under section 8(4) of the WT Act, we must make regulations to exempt equipment if its installation or use is unlikely to cause undue interference.

In November 2006 the Commission adopted the SRD Decision harmonising the technical conditions for a wide range of SRDs. These devices are usually mass-market, low power, portable products that can easily be taken across countries’ borders. Differences in the technical conditions in individual countries would prevent the free movement of goods, increase the costs for producers and potentially cause harmful interference.

Due to the low power and short range of SRDs they can share frequencies with a

number of other devices. However, this means in practice individual devices operating at a particular location cannot be guaranteed the same protection from interference enjoyed by licensed users and manufacturers must ensure the devices operate in a way that avoids harmful interference to other SRDs. Previous amendments to the SRD Decision have already led to exemptions under the Wireless Telegraphy (Licence Exemption) Regulations 2003 and subsequent

amendments.

Some of the technologies covered by the SRD Amendment Decision are already

wholly or partly exempted in the UK under the Wireless Telegraphy (Licence

Exemption) Regulations 2003. These include active medical implants in the

frequency band 402-405 MHz and the terrestrial use of certain technologies. Of particular interest to Jersey is the proposed exemption of Wideband data transmission systems (WBDTS) at 57-66 GHz (including wireless distribution of HD video).

WBDTS are typically used in Wi-Fi applications but are not explicitly limited to this

use. They also include technologies such as wireless distribution of HD video (e.g.

Wireless HD) and automation systems. This technology allows users to send video signals from any video source to a television screen or other monitor without having to connect any video signal cables. The physical range of equipment at 57-66 GHz is limited by propagation characteristics. While this is problem for users wishing to communicate over large distances, it does mean that the same radio spectrum can be used over again in close proximity. In the domestic situation, this will allow systems to be used in houses with little likelihood of interference to a next door neighbour. Fixed outdoor use of WBDTS is not permitted.

Extension of the Regulations is considered to be in the Island's interest as it will serve to reduce regulatory hurdles to the development and use of new technologies on the Island and provides no disbenefit.

Director of Regulatory Services

Economic Development

30th June 2009