Wireless Telegraphy (Licence Charges) (Amendment) Regulations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29.06.07) to approve the inclusion of Jersey within the Wireless Telegraphy (Licence Charges) (Amendment) Regulations.

Subject:	Economic Development - Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007
Decision Reference:	MD-E-2007-0129		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	Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007
Written report – Author (name and job title)	Dr Jason Lane – Director of Regulatory Services
Decision(s): The Minister approves the proposal to include Jersey within the forthcoming Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007 and authorises the United Kingdom authorities to finalise and make the relevant Regulations.
Reason(s) for decision: Under the Communications (Jersey) Order 2003, Ofcom has the responsibility for making regulations under the Wireless Telegraphy Act concerning licence charges. The Department considers that these proposals will not significantly impact upon local licence holders being most technical and administrative in nature and Ofcom also considers that the changes proposed are likely to have a limited impact on licensees. To give legal effect to these decisions, Ofcom must make regulations using its powers (exercisable by statutory instrument) under the Wireless Telegraphy Act 1998 “The 1998 Act” as amended by the Communications Act 2003, (“The 2003 Act”). To achieve this, Ofcom has requested an indication from the Insular Authorities that Jersey would wish to be included in the forthcoming regulations.
Action Required: i) Contact Melanie Cavey, Chief Minister’s Department, for follow-up to the Department for Constitutional Affairs, London. ii) Inform Richard Whitehead, Principal Legal Adviser, Law Officers Department, of the Minister’s approval.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision:

Wireless Telegraphy (Licence Charges) (Amendment) Regulations

Economic Development Report

Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007

The Minister must approve changes to licence charges prior to Ofcom bringing forward new Regulations and the Insular Authorities have been requested by Ofcom to indicate whether they wish the Island to be included in the forthcoming proposed changes. This process is part of an on-going consultation by Ofcom.

The Department considers that these proposals will not significantly impact upon local licence holders being most technical and administrative in nature. The JCRA has also been consulted and has made no comment on the proposals. On this basis it is recommended that the Minister give his consent for the registration in due course of the final amended Regulation.

Ofcom gave notice of its intentions in its consultation document entitled “Modifications to Spectrum Pricing” published on 6th July 2006. The consultation covered changes to a number of licence classes detailed below. The remaining licence classes addressed by the consultation (Business Radio (except National Public Safety), Satellite and Coastal Station Radio (Training School)) are planned to be dealt with in a separate set of Regulations later in 2007.

Ofcom considers that the changes proposed in this statutory notice are likely to have a limited impact on licensees. The increases for Programme Making and Special Events were first made subject to consultation in the September 2004 Spectrum pricing consultation. The 3G licence charges for the Channel Islands and Isle of Man are calculated on the same basis as the 2G licence charges. The draft regulations which Ofcom proposes to make in order to implement the first part of the proposals are set out in draft in Annex 6 of the statutory notice. Subject to consultation, the regulations will make the following changes to licence classes:

 Community Radio licences - simplification of licence charges to implement a single licence of £250;

 Community Television Relay - introduction of new licence class for self help TV at flat five year licence fee of £75, this was originally covered in a policy separate consultation which closed on 1 March 2007;

 Broadcasting Services - introduction of existing licence class and fee for National and Regional Analogue Television Transmission into licence charges regulations;

 National Public Safety licence classes at 380-385 MHz and 390 MHz to 395 MHz - publication of existing fees and licence classes in licence charges regulations;

 Self Co-ordinated links - additional frequencies to be made available at 71 - 76GHz and 81 - 86GHz at existing rates of £50 per link;

 Point to Point Fixed Links – modification of fee calculation in order to enable Ofcom to offer credits for the early surrender of fixed links;

 Fixed Wireless Access - additional frequency (10 GHz) added at existing rate of £5,000 per licence per 60 month period;

 Maritime – temporary licence classes included for Coastal Station Radio at existing rates, minor typographical errors corrected;

 Programme Making and Special Events (20% overall increase weighted towards exclusive users of spectrum);

 Public Wireless Networks – introduction of new licence class for the Channel Islands and Isle of Man with fee based on comparative population pro-rata as the national rates set for United Kingdom mainland for second generation cellular services;

 Satellite (Transportable Earth Station) - extension of existing frequency bands available to the class;

 Science and Technology - introduction of two new miscellaneous licence classes; a short term licence at a rate of £20 per licence for up to 1 year or a long term licence at a rate of £50 per licence for up to five years; and

 Ground Probing Radar - introduction of a new fee and licence class.

Dr Jason Lane

Director of Regulatory Services

Economic Development

28th June 2007