Providing spectrum information - Implementing the Environmental Information Regulations 2004

Statement Published 29 July 2010

Executive summary

1.1 This statement sets out our policy on the progressive disclosure of Wireless Telegraphy Act 2006 (the WT Act) licence information we hold, under the Environmental Information Regulations 2004 (EIR) ^(-1-). It follows the consultation that we published on 10 August 2009 ^(-2-) and which closed on 2 November 2009 (the Consultation). We received fourteen non-confidential and eleven confidential responses. The consultation was broadly split into two areas:

• Information that is classified as environmental and falls under EIR; and
  Non-EIR spectrum related information.

Information that falls under EIR

1.2 As a public authority, we are subject to the requirements of the Freedom of Information Act 2000 (FOIA) and EIR among others. In summary, these require us to make available requested information we hold to the general public except where the information is covered by an exemption or exception to disclosure, and in some cases, it is in the public interest not to disclose. Under EIR we are also required to progressively make environmental information available to the public by electronic means. After reviewing the information contained in WT Act licences issued by us, it became apparent that certain information that we hold is classified as environmental information and thus covered by the EIR.

1.3 In the Consultation we outlined this and advised that there were certain exceptions under the EIR, such as disclosure would adversely affect national security and public safety, that may prevent certain of this information from being disclosed. We asked for those stakeholders who consider that their information falls under one of these exceptions to contact us with supporting evidence. We received seven non-confidential and twelve confidential responses from stakeholders advising us of their need for particular licence information to be excepted.

1.4 We recognise the role that radiocommunications services play in safeguarding critical national infrastructure (CNI) and some of these responses related to such issues. We are working with the Centre for the Protection of National Infrastructure (CPNI) and other Government departments to evaluate these responses and a formal process has been agreed with Government to allow stakeholders the opportunity to submit specific evidence on this and on public safety issues. This process is outlined in Section 5 of this document with the associated pro formas contained in Annex 2. The submission period for requests for exception under EIR will be open until 5pm 12 November 2010.

1.5 If we do not receive any submissions in relation to the Information, we will publish that Information after this date. For those who do make submissions, we plan to begin publishing licensing information not covered by an exception or it is in the public interest to as from 1 February 2011.

1.6 We will not publish certain details concerning the assignments for those sites which, following the evaluation process, have the necessary evidence and support that the release of spectrum information would adversely affect defence/national security and/ or public safety, and where non-disclosure satisfies the public interest test. As the impact of our policy in disclosing information will vary on stakeholders, the evaluation and assessment of this decision is considered as part of this process.

1.7 This statement relates only to the progressive publication of environmental information under Regulation 4 EIR.  It does not apply where Ofcom has been asked for specific environmental information it holds (under Regulation 5 EIR). Ofcom will deal with such requests by following its general information request procedure outlined at its website.

Non-EIR related information

1.8 In the Consultation we also consulted on our current and future provision of non-EIR related spectrum information. This included the price paid for spectrum in a trade and spectrum usage information. We also sought comments on the general level and ease of access to the information we currently provide and where this could be improved. We received a number of useful comments and suggestions from stakeholders where we could improve our provision of spectrum related information and these are discussed later in this statement.

1.9 With regard to specific questions we raised concerning the requirement to provide price paid for spectrum in a trade and the release of usage information gathered by us, given the limited desire that was expressed by respondents we have decided not to take these measures forward at this time.

Footnotes:

  1.-Statutory Instrument 2004 No. 3391 / The Environmental Information Regulations 2004

  2.-Providing spectrum information - Implementing the Environmental Information Regulations, 2004

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