Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017: Extension to Jersey

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A decision made 24 July 2017:

Ministerial decision reference MD-C-2017-0100
Decision summary title Extension of the Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017 to Jersey
Decision summary author	Digital Policy and Liaison Officer	Is the decision summary public or exempt?	Public
Report title Notice of proposal to make the Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017
Report author or name of person giving report	UK’s Office of Communications (Ofcom)	Is the report public or exempt?	Public
Decision and reason for the decision Further to the extension, with modifications, of the Wireless Telegraphy Act 2006 to Jersey, via the approval by the States Assembly of P.117/2006 on 22nd November 2006, the Assistant Minister agreed that, subject to registration in the Royal Court, the Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017 would take effect in Jersey. The UK’s Office of Communications (Ofcom) is bringing forward the Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017 (the “Proposed Regulations”), which would revoke and replace the Wireless Telegraphy (Mobile Communication Services on board Ships) (Exemption) Regulations 2011 (the “MCV Exemption Regulations”) in order to implement the requirements of the European Commission Implementation Decision of 1 February 2017 (2017/191/EU) (the “Amending Decision”). The Proposed Regulations will apply in the United Kingdom, the Channel Islands and the Isle of Man, subject to formal agreement of the Crown Dependencies. The Proposed Regulations will allow passengers and crew on board MCV (Mobile Communication on shipping Vessels) equipped ships to continue to benefit from use of their mobile apparatus using GSM 2G technology and further benefit from more access to voice and data services through UMTS 3G in 2100 MHz and LTE 4G technologies in 1800 MHz and 2.6 GHz bands on a licence-exempt basis, where that service is provided by a telecoms operator. The regulations will be enforced by Ofcom, as the body responsible for regulating spectrum allocation in the UK, the Channel Islands and the Isle of Man. The Assistant Minister considers that there is a rationale to extend the Proposed Regulations to Jersey as they are deregulatory in effect, contribute to the harmonisation of international standards and offer commercial benefits to Jersey: The Proposed Regulations concern the use of MCV systems on a licence-exempt basis, which reduces the regulatory and administrative burden on telecoms operators and helps to secure the optimal use of spectrum. Licence-exemption represents the lowest cost regulatory approach to authorisations on the use of spectrum. The extension of MCV services to more technologies and frequency bands will bring legal certainty and new economic opportunities for service providers who want to offer maritime mobile connectivity. It will also help to ensure seamless mobile connectivity for consumers and would enhance the potential of innovative maritime communication services. It will provide operators of MCV services with more flexibility to deploy mobile networks using a wider range of technologies. This, in turn, will provide extended coverage and higher data speeds on more journeys - changing the overall experience for travellers on an MCV enabled ship. The Proposed Regulations allow for the mutual recognition of EU Member States’ authorisations and British Crown Dependencies for MCV on the basis of common technical and authorisation requirements. This will make communication more accessible to citizens and consumers on board MCV equipped ships across the EU and the Crown Dependencies. Not implementing the regulations would mean that MCV operators will be limited to only using GSM technology operating in the 900 MHz and 1800 MHz bands when using MCV services in Jersey’s territorial waters. Access to and use of other technologies (UMTS and LTE) and more frequency bands will not be permitted. This will deny travellers and operators on routes to and from Jersey, commercial opportunities open to those in nearby jurisdictions. It would also mean that Jersey’s businesses and consumers might be disadvantaged in not having access to seamless connectivity or innovative maritime communications services.
Resource implications There are no resource implications arising from this ministerial decision.
Action required The proposed regulations will be registered in the Royal Court, following transmission from the UK through the official channel.
Signature		Position Senator Paul Routier M.B.E. Assistant Chief Minister
Date signed		Effective date of the decision