Re FOI 1050263 refer to Communications Commission re 5G spectrum

Summary

A request for information regarding 5G spectrum testing, public notification, and opt-out provisions on the Isle of Man was directed to the Communications Commission. The Commission responded that it does not hold the requested information because spectrum licenses are issued by the UK regulator Ofcom and are technology neutral.

Key Facts

• The Communications Commission does not hold information on 5G test areas or public notification procedures.
• Spectrum licenses for the Isle of Man are issued by the UK regulator Ofcom with Commission approval.
• Licenses are technology neutral, meaning the Commission is not notified when operators begin using spectrum for 5G.
• Mobile operators are private companies and are not subject to Freedom of Information requests.
• The Department for Enterprise is not directly involved in issuing spectrum for 5G.

Data Disclosed

• 1104361
• 1050263
• 2019-12-17
• 2019-12-23
• 14 November 2019
• 2018
• IM1 2SF
• +44(0)1624 677022
• +44(0)1624 626499

Exemptions Cited

• Information not held
• Cannot find information after taking reasonable steps
• Outside scope of authority (spectrum issued by Ofcom)

Original Request

Further to the Freedom Of Information request ref 1050263 dated 14 November 2019 to DfE concerning their "Tynwald approved 2018 National Telecoms Strategy" which "recommends early tests and trials of new 5G mobile technology on the Island". I had requested information on the following : 1. Will the Manx public be informed they are in a test area? 2. Will they be able to opt out if they do not consent to being a live human experiment? 3. Will provisions be made for vulnerable people in these test areas? eg children, pregnant, EMHS disabilities. 4. Have any 5G mobile technology tests commenced on the IOM yet? 5. If yes where? 6. If No when and where are they planned and how will the public be informed they are involved in the 5G trials?". DfE have responded "The Department for Enterprise is not directly involved in the issuing of spectrum for 5G and therefore it may be beneficial for you to re-direct your queries to the Isle of Man Communication Commission". Are you able to assist? Thank You

Data Tables (1)

Full Response Text

Chief Executive: Ivan Kiely Ground Floor, Murray House, Mount Havelock, Douglas Isle Of Man, IM1 2SF Tel: +44(0)1624 677022 Fax: +44(0)1624 626499 Our ref: 1104361 23 December 2019

Dear ###

We write further to your request which was received on 17 December 2019 and which states:

"Further to the Freedom Of Information request ref 1050263 dated 14 November 2019 to DfE concerning their "Tynwald approved 2018 National Telecoms Strategy" which "recommends early tests and trials of new 5G mobile technology on the Island". I had requested information on the following : 1. Will the Manx public be informed they are in a test area? 2. Will they be able to opt out if they do not consent to being a live human experiment? 3. Will provisions be made for vulnerable people in these test areas? eg children, pregnant, EMHS disabilities. 4. Have any 5G mobile technology tests commenced on the IOM yet? 5. If yes where? 6. If No when and where are they planned and how will the public be informed they are involved in the 5G trials?". DfE have responded "The Department for Enterprise is not directly involved in the issuing of spectrum for 5G and therefore it may be beneficial for you to re-direct your queries to the Isle of Man Communication Commission". Are you able to assist? Thank You"

The Communications Commission (the Commission) has considered each of your questions, however for the majority of these the Commission does not hold, or cannot, after taking reasonable steps to do so, find the information that has been requested. The reason for not holding the majority of this information is that spectrum licences are issued by the UK regulator Ofcom with the approval of the Commission. Any technical issues relating to equipment would therefore not be within the Commission’s scope to consider. The relevant operators would be the most appropriate bodies to direct some of these queries to, however please note that as a private companies they are not subject to Freedom of Information. I have detailed below answers to your specific queries. 1. Will the Manx public be informed they are in a test area?

The Commission does not hold, or cannot, after taking reasonable steps to do so, find this information. 2. Will they be able to opt out if they do not consent to being a live human experiment? The Commission does not hold, or cannot, after taking reasonable steps to do so, find this information. 3. Will provisions be made for vulnerable people in these test areas? e.g. children, pregnant, EMHS disabilities. The Commission does not hold, or cannot, after taking reasonable steps to do so, find this information. 4. Have any 5G mobile technology tests commenced on the IOM yet? Spectrum licences are issued by the UK regulator Ofcom on the Isle of Man’s behalf, but in conjunction with the Commission. The licences are technology neutral, and so not necessarily for 5G and so the Commission does not need to be notified by an operator when it begins using the spectrum. As such the Commission does not hold, or cannot, after taking reasonable steps to do so, find this information. 5. If yes where? Any licences issued by Ofcom, are on an Island-wide basis; the Commission does not hold, or cannot, after taking reasonable steps to do so, find this information. 6. If No when and where are they planned and how will the public be informed they are involved in the 5G trials?" DfE have responded "The Department for Enterprise is not directly involved in the issuing of spectrum for 5G and therefore it may be beneficial for you to re-direct your queries to the Isle of Man Communication Commission". The Commission does not hold, or cannot, after taking reasonable steps to do so, find this information.

Please quote the reference number 1104361 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will

be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely