Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013: Proposed Extension to Jersey

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A decision made 14 April 2014:

Decision Reference: MD-E-2014-0029
Decision Summary Title :	Proposed extension of the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013 to Jersey		Date of Decision Summary:	14 April 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 (Automotive Short Range Radar) (Exemption) Regulations 2013		Date of Written Report:	14 April 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 the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013 to Jersey
Decision(s): The Minister approved the extension of the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013.
Reason(s) for Decision: The Minister noted that as Ofcom manages spectrum on behalf of the Channel Islands and as these regulations are deregulatory in principle it is appropriate to agree extension to Jersey.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: Inform Law Officers Department 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 (Automotive Short Range Radar) (Exemption) Regulations 2013: Proposed Extension to Jersey

Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013

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 consulted Jersey regarding extending the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013 (the regulations) which have been made in accordance with Section 8 (3) of the Wireless Telegraphy (Jersey) Order 2006.

Background

Automotive short-range radar (SRR) systems use the radio spectrum around a vehicle to detect obstacles such as other vehicles or walls. If the vehicle is moving, the radars can alert the driver to possible impacts - or even automatically trigger safety devices such as seat belts or air bags. Ultimately such systems could include automated braking to avoid or mitigate collisions.

In 2013 Ofcom published a notice of its intention to make the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013.

This followed a European Commission decision to extend the period in which short range radar equipment operating in part of the 24GHz band (24.25 to 26.65 GHz) can be used in motor vehicles.

Ofcom wishes to extend these regulations to the Crown Dependencies.

The Regulations will:

Revoke the use of part of the 24Ghz band between 21.65 and 24.25 GHz for automotive SRR equipment from 30 June 2013 except for automotive SRR equipment that was installed, or that is replacing equipment so installed, in a vehicle that was registered, placed on the market or put into service between 1 July 2005 and 30 June 2013 which will be permitted to continue to use this part of the band on a licence-exempt basis (subject to complying with various terms, provisions and limitations); and
Permit SRR equipment that was installed, or that is replacing equipment so installed, in a vehicle that was registered, placed on the market or put into service after June 2013 to operate in part of the 24GHz band between 24.35 and 26.65 on a licence-exempt basis (subject to complying with various terms, provisions and limitations).

In the UK the regulations revoke and replace the original 2005 Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations. These regulations were not extended to Jersey. The new Regulations revoke and replace (rather than amend) the earlier Regulations so there is no legal obstacle to extending them to Jersey.

Rationale for Extension

In considering the Rationale for extension EDD has liaised with CICRA and the Law Officers Department. No objections have been raised.
As Jersey uses Ofcom as its spectrum manager it is appropriate that Jersey extends these regulations as requested by Ofcom.
In this case conformity with the UK and with Europe is seen to be appropriate
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.