In relation to the Sure 5G trial

Summary

The request sought clarification on the licensing, frequency usage, and planning permissions for Sure's 5G trial on the Isle of Man. The Communications Commission disclosed that Ofcom issued a technology-neutral Test & Trial Licence under UK legislation extended to the Island, though the response was cut off before addressing all specific questions regarding frequencies and planning breaches.

Key Facts

• Ofcom, the UK regulator, is responsible for licensing radio spectrum in the Isle of Man in consultation with the Communications Commission.
• Sure was issued a 'Test & Trail Licence' on a service and technology neutral basis.
• The licensing framework operates under the UK Wireless Telegraphy Act 2006, extended to the Isle of Man by Statutory Instrument.
• The Communications Commission acts as an economic regulator and does not mandate specific technology or equipment standards.
• The Commission operates within the framework of the Telecommunications Act 1984.

Data Disclosed

• 2020-07-16
• 2020-08-07
• 20th November
• 15th November
• 19th November
• January 2020
• 6.37am
• 1371737
• Telecommunications Act 1984
• UK Wireless Telegraphy Act 2006

Original Request

Despite the assurances that the introduction of 5G on the Isle of Man is some time away, we note that Sure made an announcement, broadcast on Manx Radio at 6.37am on 20th November, the morning immediately after the Town and Country Planning (Telecommunications) Development Order 2019 was approved in Tynwald (and scheduled to become effective from January 2020), that they, Sure, had commenced 5G trials on the Island the previous Friday (November 15th). We understand that Sure had been installing equipment for some weeks prior to that. · Could you please advise whether Government or its agencies have issued a licence to Sure to perform this '5G' trial, and if so, which entity issued this licence? · We understand that '5G' frequencies have not yet been not auctioned, allocated or licensed in the Isle of Man. Is this correct and could you therefore please advise what frequency/frequencies are being used in the Sure '5G' trial? · Government has previously indicated that '5G' frequencies proposed for the Isle of Man would be in line with frequencies in current use (and therefore not 'true 5G'). Could you therefore please clarify on what basis Sure is describing this trial as a '5G' trial? · Could you please advise whether planning permission was sought for the installations utilised in this trial and if so, under which legislation was planning permission sought and granted? · Could you please advise whether Sure has been in breach of any planning regulations during this trial, noting that the Sure trial began on Friday 15th November, the Telecommunications Development Order went through Tynwald on November 19th, but does not come into force until January 2020, given the apparent coincidence of the public announcement on the morning of November 20th?

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: 1371737 7 August 2020

Dear ###

We write further to your request which was received on 16 July 2020 and which states:

"Despite the assurances that the introduction of 5G on the Isle of Man is some time away, we note that Sure made an announcement, broadcast on Manx Radio at 6.37am on 20th November, the morning immediately after the Town and Country Planning (Telecommunications) Development Order 2019 was approved in Tynwald (and scheduled to become effective from January 2020), that they, Sure, had commenced 5G trials on the Island the previous Friday (November 15th). We understand that Sure had been installing equipment for some weeks prior to that. · Could you please advise whether Government or its agencies have issued a licence to Sure to perform this '5G' trial, and if so, which entity issued this licence? · We understand that '5G' frequencies have not yet been not auctioned, allocated or licensed in the Isle of Man. Is this correct and could you therefore please advise what frequency/frequencies are being used in the Sure '5G' trial? · Government has previously indicated that '5G' frequencies proposed for the Isle of Man would be in line with frequencies in current use (and therefore not 'true 5G'). Could you therefore please clarify on what basis Sure is describing this trial as a '5G' trial? · Could you please advise whether planning permission was sought for the installations utilised in this trial and if so, under which legislation was planning permission sought and granted? · Could you please advise whether Sure has been in breach of any planning regulations during this trial, noting that the Sure trial began on Friday 15th November, the Telecommunications Development Order went through Tynwald on November 19th, but does not come into force until January 2020, given the apparent coincidence of the public announcement on the morning of November 20th?"

The Communications Commission (the Commission) is the National Regulatory Authority for the telecommunications and broadcasting sectors on the Island. In relation to telecommunications sector the Commission is an economic regulator

charged with promoting sustainable competition in the Isle of Man. The Commission is not a technical standards regulator and does not mandate technology or equipment. The Commission works within the framework of the applicable legislation, the Telecommunications Act 1984. I have responded to each of your questions in turn below: Could you please advise whether Government or its agencies have issued a licence to Sure to perform this '5G' trial, and if so, which entity issued this licence? The UK Wireless Telegraphy Act (of Parliament) 2006 is extended to the Isle of Man by Statutory Instrument. Under this legislation Ofcom the UK Regulator (www.ofcom.org.uk) is responsible for the licensing of radio spectrum in the Isle of Man in consultation with the Commission. Sure were issued a Test & Trail Licence, on a service and technology neutral basis, by Ofcom. We understand that '5G' frequencies have not yet been not auctioned, allocated or licensed in the Isle of Man. Is this correct and could you therefore please advise what frequency/frequencies are being used in the Sure '5G' trial? Spectrum licences are issued by the UK regulator Ofcom on the Isle of Man's behalf, under the UK wireless Telegraphy Act 2006 as extended to the Isle of Man, in conjunction with the Commission. Licences are issued on a service and technology neutral basis. Use of the frequencies is a commercial decision for the licensee. The Test and Trial licence covers operation in the 3720 – 3800 MHz range. Government has previously indicated that '5G' frequencies proposed for the Isle of Man would be in line with frequencies in current use (and therefore not 'true 5G'). Could you therefore please clarify on what basis Sure is describing this trial as a '5G' trial? The Commission does not hold, or cannot, after taking reasonable steps to do so, find the information. Could you please advise whether planning permission was sought for the installations utilised in this trial and if so, under which legislation was planning permission sought and granted? The Commission does not hold, or cannot, after taking reasonable steps to do so, find the information. The Communications Commission does not deal with planning permission for the Government. However, you may wish to contact the Planning Department, who may be able to help you.

Could you please advise whether Sure has been in breach of any planning regulations during this trial, noting that the Sure trial began on Friday 15th November, the Telecommunication Development Order went through Tynwald on November 19th, but does not come into force until January 2020, given the apparent coincidence of the public announcement on the morning of November 20th? The Commission does not hold, or cannot, after taking reasonable steps to do so, find the information. The Communications Commission does not deal with planning permission for the Government. However, you may wish to contact the Planning Department, who may be able to help you.

Please quote the reference number 1371737 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 faithfully