Gibraltar Regulatory Authority electronic communications radiocommunications data protection gambling satellite
Annual Report 2006 / 2007 Table of Contents
CEO’s Statement...... 1 Organisation & Staffing...... 1 Electronic Communications...... 2 Satellite Projects...... 3 Data Protection...... 4 Gambling...... 4
Electronic Communications...... 5 Communications Act 2006...... 7 Numbering...... 9 Market Analysis...... 11 Other Regulatory Matters...... 15 Work Programme...... 17
Statistics...... 18 Voice Traffic Breakdown...... 19 VoIP Services...... 21 GSM Statistics...... 23 Internet Services...... 25
Radiocommunications...... 26 Gibraltar Spectrum Management...... 28 Maritime...... 31 Radio Amateurs & CB Radio...... 33 Short Range Devices...... 34 Inteference & Inspection...... 35 Upcoming Technologies...... 36 Work Programme...... 38
Data Protection...... 39 The Data Protection Commissioner...... 41 The Register...... 43 Seminars...... 46 International Events...... 47 Case Studies...... 49 Work Programme...... 55
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Table of Contents
24 Gambling...... 28 56 23 29 Legislative Framework...... 57 19 22 Complaints from Players...... 14 64 21 Remote Gambling...... 66 Work Programme...... 67
Satellite...... 68 Satellite Co-ordination...... 69 Work Programme...... 73
Annex...... 74 Organigram...... 75
Gibraltar Regulatory Authority Annual Report 2006 / 2007 CEO’s Statement
CEO’s Statement Organisation & Staff...... 1 Electronic Communications...... 2 Developments in Communications...... 2 Conversion to Digital Broadcasting...... 3 Satellite Projects...... 3 Data Protection...... 4 Gambling...... 4
Gibraltar Regulatory Authority Annual Report 2006 / 2007 CEO’s Statement
This Annual Report of the Gibraltar Regulatory Authority is prepared in accordance with Section 12(1) of The Gibraltar Regulatory Authority Act and covers the period 1st April 2006 to 31st March 2007. CEO’s Statement CEO’s Organisation & Staffing The Authority has a total staff of thirteen. It is divided into six Divisions: electronic communications; satellites; radiocommunications & ICT; data protection; gambling; and administration.
The chart below shows the regulatory responsibilities of the GRA.
Electronic Communications Division
Data Protection Satellite Division Division
GRA
Gambling Radiocommunications Division & ICT Division
Administration Division
A full organigram of the GRA is annexed to this report.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 1 CEO’s Statement
Electronic Communications The Communications Act 2006 was commenced on 6th of June last year and introduced significant changes, the main being that all electronic communications services and networks are provided
under a regime of general authorisations. Statement CEO’s
There are currently seven companies operating under this regime providing a variety of fixed and mobile networks and services.
The GRA is in discussion with companies who have expressed an interest in providing mobile services in and from Gibraltar. These discussions were delayed last year because of the lack of telephone numbers, but have been revived with a new impetus and a second mobile operator for Gibraltar is expected to be licensed in 2007. Other companies are in talks with the GRA about providing alternative mobile and fixed services in competition with Gibtelecom.
The Act requires the GRA to carry out a series of market analyses. The GRA engaged consultants to assist with the market analyses which were completed in April and are now out for public consultation.
The issuing of a number of classes of radiocommunications licences, e.g. Ship's Station Licence, Dealer's Licence, Private Mobile Radio Licence and Teleport Facility Licence (collectively known as Part VI Licences), and collection of fees is delegated to the GRA by the Minister for Communications. In the last financial year, the GRA collected £715,000 in licence fees on behalf of the Government.
Developments in Communications As a result of the Cordoba Agreements, and Spain's recognition of our international dialling code "350", the Government will be introducing a new Numbering Plan for Gibraltar which will end the acute shortage of telephone numbers which has affected Gibraltar for many years. The availability of numbers will allow for competition in several services.
A public announcement on the new numbering plan will be made before the summer.
The Cordoba Agreements have also seen the introduction, for the first time of a roaming agreement between Gibtelecom and a Spanish mobile operator, Telefonica.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 2 CEO’s Statement
Conversion to Digital Broadcasting Gibraltar will meet the cut off date for all analogue television services in Europe. The analogue switch off will be completed by 2012. The GRA participated in the ITU Regional Radiocommunications
Conference 2006 and successfully co-ordinated with neighbouring Statement CEO’s countries the use of two channel blocks for digital radio, known as T-DAB, and two channels for digital television, known as DVB- T. Six new transmitter sites throughout Gibraltar were also co- ordinated. The agreement will increase to a maximum of eight, the number of programme channels available.
Initial discussions are underway between the Government, the GRA and GBC to implement the necessary measures and further public announcements will be made at a later date.
Satellite Projects The GRA continues to provide support to the satellite operator, SES Satellites (Gibraltar) Limited, in relation to the co-ordination of networks and the follow-up required with the International Telecommunication Union (ITU).
This work is, in the main, related to the co-ordination of satellite networks and the follow-up required with the International Telecommunication Union ITU.
SES Satellites (Gibraltar) Limited was granted two licences under the Outer Space Act 1986 (Gibraltar) Order 1996 which is the legal basis for the regulation of activities in outer space (including the launch of space objects, procuring the launch of space objects and operation of space objects) carried on by persons connected with Gibraltar. One licence allowed SES to drift and operate an existing satellite to a new orbital location and covered the operation of a new satellite.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 3 CEO’s Statement
Data Protection The Data Protection Act 2004 was commenced in three main stages starting in April 2006. It was fully commenced by September 2006.
The GRA is the Data Protection Commissioner and my office now Statement CEO’s acts as a centre for advice and investigations. Since the commencement of the Act there has been a steady flow of enquiries mostly consisting of individual's right of access to their personal data. In a number of cases, the individuals concerned have received assistance in obtaining the information sought from the data controllers.
The Commissioner's office also acts as an advisory body to data controllers who enquire as to their responsibilities under the Act. To date a number of visits, primarily to government departments have been undertaken and in all cases advice has been offered as to how personal data may best be protected.
Gambling The Gambling Act 2005 was commenced on 26th October 2006. The purpose of the Act is to modernise Gibraltar's legislation and to create a statutory licensing and regulatory framework to suit Gibraltar's status as a leading jurisdiction for online gambling. The GRA was appointed Gambling Commissioner and my office commenced its duties as from that date.
The objectives of the Commissioner are to ensure that licence holders conduct their business undertakings in accordance with the terms of their licence; that they conduct their business in accordance with the provisions of the Act and in a manner that maintains Gibraltar's good reputation as a first tier jurisdiction.
The Gambling Division is shortly to recruit a Gambling Supervisor who will report to the Commissioner on day-to-day regulation of the gaming industry.
Paul J Canessa Chief Executive Officer
Gibraltar Regulatory Authority Annual Report 2006 / 2007 4 Electronic Communications
Communications Act 2006 Communications Act...... 7 Convergence...... 8 Technological Neutrality...... 8 Single System of General Authorisations...... 8
Numbering Numbering Plan...... 9 Numbering...... 9 Roaming...... 9 Number Portability...... 10
Market Analysis Market Analysis...... 11 Direction Notices...... 12 Local Loop Unbundling...... 12 Carrier Pre Selection...... 13 Rebalancing...... 13 Public Pay Telephones...... 14
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Electronic Communications
Other Regulatory Matters Commonwealth Telecommunications Organisation (CTO)...... 15 European Conference of Postal and Telecommunications Administration (CEPT)...... 15 Telecommunications Operator in small states (TOSS)...... 16
Work Programme New Licence Applications...... 17 Market Analysis...... 17 Number Portability...... 17 New Numbering Plan...... 17
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Communications Act 2006
The Communications Act 2006 came into effect on the 5th June 2006 and has replaced the Telecommunications Act 2000.
The basis for this new regulatory framework is five major EU 2006 Communications Directives which are intended to converge and harmonise communications regulation throughout the Community. The five directives are: Electronic Communications
Directive 2002/19/EC on access to, and interconnection of, the Communicati electronic communications networks and associated facilities ons Act came into force on (the Access Directive); the 5th June 2006 Directive 2002/20/EC on the authorisation of electronic communications networks and services (the Authorisation Directive);
Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (the Framework Directive);
Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services (the Universal Service Directive) and;
Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (the Privacy Directive).
The Framework Directive is the umbrella instrument. It sets out the harmonised framework for the regulation of the electronic communications sector and sets out fundamental rules and objectives which read across all the new directives. The Authorisation, Access and Universal Service Directives give effect to the general principles which are set out in the Framework Directive. Finally the Privacy Directive establishes users' rights with regard to the privacy of their communications.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 7 Communications Act 2006
Convergence The Communications Act 2006 takes full account of the convergence of the telecommunications, media and technology sectors. It therefore sets a common regulatory framework for all three sectors, referred to jointly as the "electronic communications sector".
This means that the new legislation applies to telecommunications, Electronic Communications broadcasting, information technology, Internet based services, and spectrum management. It establishes common rules for all telecommunications networks (fixed or wireless) as well as for broadcasting networks (terrestrial, satellite and cable), Internet access and IP services. This only applies to transmission and not the content of services.
Technological Neutrality All networks and services will be governed by the same regulatory framework and rules. KEY Single system of General Authorisations The old dual system of "individual licences" and "general authorisations" under the Telecommunications Act 2000 were abolished. Henceforth, all electronic communications services and all electronic communications networks are provided under a regime of general authorisations. services and networks are This means that a person wishing to provide an electronic provided under a communications service or network is only required to notify the regime of general authorisations regulatory authority of his intention to do so. He does not need an explicit decision of entitlement to provide the service or network.
However, all such persons have to comply with general conditions that are applicable to the provision of his network or service. They will also have to apply for and be granted (a) a licence if they require the allocation of radio spectrum and (b) an individual right if they require an allocation of numbers. They will also be required to make an application if they need to be granted rights of way to install facilities.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 8 Communications Act 2006
Single system of General Authorisations
Publicly Company Network Service Area Available
Other Electronic YachtConnect N / A Communications Marinas, Yes Ltd Service Gibraltar Ports Electronic Communications
Broadband Other Fixed Europort, Yes Gibraltar Ltd Network Internet Access Eurotowers, Portland House Europort, Broadband Other Fixed Data Yes Gibraltar Ltd Network Eurotowers, Portland House
Broadband N / A Internet Access Gibraltar Yes Gibraltar Ltd Other Electronic CTS (Gibraltar) N / A Gibraltar Yes Ltd Communications Service
CTS (Gibraltar) N / A Internet Access Gibraltar Yes Ltd
Equant N / A Other Electronic Gibraltar No (Gibraltar) Ltd Communications Service
Telephone, Yes Gibtelecom Ltd Fixed Telephony Data, Gibraltar Internet Access
Gibtelecom Ltd Mobile Telephony Telephone, Gibraltar Yes Internet Access
Other Electronic Gibtelecom Ltd Satellite Communications Gibraltar Yes Service
Other Radio- Other Electronic Yes Gibtelecom Ltd Communications Communications Gibraltar Service Service
EasyCall Ltd N / A Other Electronic Gibraltar Yes Communications Service
Other Electronic Transworld N / A Communications Worldwide Yes Systems Ltd Service
Gibraltar Regulatory Authority Annual Report 2006 / 2007 9 Numbering
Numbering Plan The ownership of the Gibraltar Numbering Plan is vested in the Government and the GRA has the duty to administer it effectively to enable competition in the market.
This year, following the implementation of the Cordoba Agreement between the Governments of Gibraltar, United Kingdom and Spain, there have been important changes in relation to numbering. Electronic Communications
Until now telephone numbers were a scarce resource in Gibraltar. In the light of Spain’s recognition of Gibraltar’s 350 international dialling code as part of the Cordoba Agreement, the 30,000 telephone numbers reserved by Spain in its national numbering plan for access to the Gibraltar network were made available for reassignment in Spain.
A new Numbering Plan for Gibraltar will be introduced next year. Details will be published on the GRA’s website.
Numbering Since the 10th February 2007, telephone subscribers in Gibraltar can only call telephone numbers in Spain by dialling 0034 before the 9- +350 digit Spanish number. Thus, calls from Gibraltar to Spain are no longer made by dialling only the 9-digit Spanish subscriber's number. It is important to emphasise that the tariffs of telephone calls to Spain have not been increased as a result of the change. From the from 10th same date, callers from Spain dialling Gibraltar are also required to February 2007, callers use 00350, plus the customer number. from Spain dial +350 to access Roaming Gibraltar lines Gibtelecom was able to enter into an international commercial Roaming Agreement for the first time ever with a Spanish operator (Telefonica Movistar). This roaming facility coincided with the introduction of 00350 dialling in Spain. This meant that Gibtelecom customers were now able to use their Gibraltar mobiles in Spain without the need to manually replace their SIM cards with a Spanish one. Post-paid (contract) customers have the ability to make and receive voice calls, and send or receive text messages whilst on the Spanish mainland. Prepaid (Reload) customers currently can only receive voice calls and send or receive text messages. Gibtelecom mounted a publicity campaign informing customers that in order to prevent accidental roaming, due to Spanish operators' GSM signals extend over Gibraltar, they may need to manually set their mobile phones to 'Gibtel' to avoid accidental roaming charges. Gibtelecom is pursuing roaming agreements with the other Spanish operators and these should be concluded in the very near future.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 10 Numbering
Number Portability The GRA has been working on the introduction of Number Portability.
Article 30(1) of the Universal Service Directive (2002/22/EC) provides that "Member States shall ensure that all subscribers of publicly available telephone services, including mobile services, who so request can retain their number(s) independently of the undertaking providing Electronic Communications the service: (a) in the case of geographic numbers, at a specific location; and (b) in the case of non-geographic numbers, at any location. This paragraph does not apply to the porting of numbers between networks providing services at a fixed location and mobile networks." This provision has been implemented into Gibraltar's legislation through the imposition of Regulation 26 (entitled 'Number Portability'), which is contained in the Communications Act 2006 under The Communications (Universal Service and Users' Rights) Regulations 2006. That Regulation imposes number portability obligations on all providers of Publicly Available Telephone Services.
In order to allow network operators to express their views prior to a public consultation on Number portability, the GRA published a draft "Draft Functional Specification for Number Portability in Gibraltar". Both Gibtelecom and Sapphire Networks submitted comments to the GRA.
After learning the views of the different network operators, the GRA published the "Public Consultation Paper for the introduction of Number Portability in Gibraltar" and gave just over a month for comments. The public consultation was targeted to all network and service operators in Gibraltar.
Having reviewed all comments, the GRA is currently preparing the "Number Portability Statement" which takes into account the views of all operators who took part in the public consultation.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 11 Market Analysis
Market Analysis The communications regulatory framework requires that the GRA define relevant markets appropriate to national circumstances in accordance with the market definition procedure outlined in the Framework Directive 2002/21/EC. Once the Authority has defined relevant markets, it shall analyse the state of competition within these markets to determine whether they are effectively competitive or not. Electronic Communications
KEY The analyses took into consideration a range of factors in the assessment of market power including high market shares; pricing behaviour; conduct which would indicate market power; countervailing buyer power; barriers to entry and potential competition; and vertical market analysis integration. enables us to review the state of competition within markets to Where markets are deemed to be effectively competitive or determine whether or not prospectively effectively competitive within the lifetime of the review, they are any existing regulation must be withdrawn. Where markets are effectively competitive deemed to be uncompetitive, the Authority must consider appropriate regulatory obligations on any undertaking which has significant market power.
A market review has three main components:
definition of the relevant market or markets;
assessment of competition in each market, in order to identify competitive constraints and assess whether any undertaking has SMP; and
where market power is identified, consideration of the appropriate SMP obligations in relation to that market.
The Authority is following the approach recommended by the European Commission, and has taken account of the various guidelines and recommendations published by the European Commission, as well as the experience of other European National Regulatory Authorities.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 12 Market Analysis
Direction Notices Following the introduction of the Communications Act 2006, several Direction Notices were issued. These included, amongst others, Directions concerning administrative charges, fees for certain Part VI licences and the requirement to obtain a Laser (LAN) equipment licence. Notices were issued to reflect and reinforce the changes which came into force with the new legislation and contain valuable Electronic Communications information on their relevant sections. These are published on the GRA website and should be read by anyone interested in the electronic communications industry or wishing to provide electronic communications services in Gibraltar.
Local Loop Unbundling Local Loop Unbundling (LLU) provides a direct connection to Gibtelecom's local network - commonly referred to as the local loop. LLU allows communications providers to offer a complete range of broadband and voice services without having to route through Gibtelecom's main network.
The unbundling of local loops allows commercial Internet service providers other than Gibtelecom to offer broadband services from the exchange. This is designed to increase competition, thus reducing cost and improving the variety of services available. These providers can then manage the end-to-end relationship with the end users, giving them the flexibility to further differentiate themselves and the products they offer.
To comply with the requirements of LLU, operators must produce a Reference Unbundling Offer (RUO) which provides detailed information of the LLU products available and their associated tariffs. The publication of the RUO is an essential regulatory requirement in ensuring transparent and non-discriminatory market conditions for all operators wishing to connect to the local loop.
After extensive correspondence with the incumbent, the GRA approved Gibtelecom's RUO and was subsequently published on their website. Operators can now access this document which facilitates other undertakings with the necessary information to compete in the Internet services market.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 13 Market Analysis
Carrier Pre-Selection (CPS) In order to take into account the possible impact that the market analysis may have on Carrier Pre-Selection (CPS) implementation, the GRA reviewed its proposed timetable. The Authority therefore decided that once the market analysis was complete it would be in a better position to advise the undertakings concerned on how it proposes to proceed on this issue. Electronic Communications
CPS is mandated by the Communications (Universal Service and Users' Rights) Regulations 2006 and is directly related to the outcome of the market analysis. Regulation 16 provides:
(1) Where the Authority-
(a) determines, as a result of a market analysis carried out pursuant to section 40 of the Act, that the market consisting of the provision of connection to and use of the public telephone network at a fixed location ("the relevant market"), is not effectively competitive; and
(b) determines, under section 40 of the Act, that a person has significant market power in that market, it shall impose obligations on such a person in relation to that market.
(2) The obligations referred to in sub-regulation (1) shall consist of obligations requiring that person to enable his subscribers to select the services of any interconnected provider of publicly available telephone services-
(a) on a call-by-call basis by dialling a carrier selection code; and
(b) by means of pre-selection, with a facility to over-ride any pre-selected choice on a call-by-call basis by dialling a carrier selection code.
Rebalancing Gibtelecom submitted different tariff rebalancing proposals to the GRA. The GRA will review the need for tariff rebalancing in conjunction with the Market Analysis.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 14 Other Regulatory Matters
Commonwealth Telecommunications Organisation (CTO) The GRA actively participated at the 4th Annual Commonwealth Telecommunications Organisation by addressing the conference on the future regulation of the electronic communications market with particular reference to Gibraltar. Key policy makers, decision takers and senior level industry leaders met in London in September to discuss the future of Mobile Communications in the Commonwealth. Electronic Communications The Forum was a developmental event focusing on maturing the relationship between Governments, Regulators and the Global Mobile Industry. Over 30 Commonwealth organisations attended the event.
European Conference of Postal and Telecommunications Administrations (CEPT) In October 2006 a delegate from the GRA attended a CEPT conference titled "Regulatory Practices Under Challenge". The conference covered a broad area of electronic communications policy and regulatory matters and aimed at facilitating a fruitful dialogue between regulators working at different levels of the industry. It featured keynote speeches by top-level speakers, followed by plenary sessions presenting views from the European Commission, regulators and others. Specific topics in relation to spectrum management and next generation networks were also discussed.
European Platform of Regulatory Associations (EPRA) Dubrovnik was the setting of the 24th EPRA meeting which convened at the invitation of the Croatian Council for Electronic Media from 4 to 6 October 2006. This was the first EPRA meeting attended by the GRA after being invited to join in early 2006. The meeting involved about 150 participants from 39 countries. Forty-five regulatory authorities were represented as were the European Audiovisual Observatory and the European Commission.
New media related issues, which included inter alia mobile television and Digital Radio Broadcasting, were at the centre of the discussions. There was also a discussion on the regulation of new media which could mean profound changes in the role played by regulatory authorities because it requires a greater emphasis on self- and co- regulation.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 15 Other Regulatory Matters
Telecommunications Operators in Small States (TOSS) Telecommunications operators from all over Europe attended the TOSS seminar in Gibraltar which was hosted by Gibtelecom in June 2006. The GRA was invited to give a presentation on electronic communications regulation; which gave an overview of the Gibraltar market and all the issues and challenges which regulators face when operating in small jurisdictions. Other issues were discussed primarily Electronic Communications on aspects which operators encounter in the communications industry and how they need to adapt to an ever changing industry to remain successful when operating in small states.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 16 Work Programme
New Licence Applications The mobile network provider that commenced the process of applying for a licence last year is currently carrying out a technical evaluation throughout Gibraltar prior to rolling out a new network. Once completed, it will be able to notify to the GRA and subsequently be authorised to provide a public network. Electronic Communications The GRA is also in discussions with three other potential network providers.
Market Analysis In the next few months the Authority will be publishing three public consultations on market analysis. These include:
Market Analysis - "Retail Fixed Markets"
Market Analysis - "Wholesale Fixed Markets"
Market Analysis - "Wholesale Mobile Markets"
Responses and comments from the various operators will be expected on numerous aspects of how the electronic communications markets have been defined and who has been proposed as having SMP obligations.
Number Portability Work in relation to Number Portability will be finalised during the 2007/2008. The "Number Portability Statement" will be published once the new Gibraltar Numbering Plan is introduced in Gibraltar.
New Numbering Plan The GRA is currently working with the Government on a new Gibraltar Numbering Plan that will give Gibraltar many more numbers for the short and long term.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 17 Statistics
Voice traffic breakdown Voice Traffic Breakdown...... 19 Public Pay Telephones...... 20
VoIP Services VoIP Services...... 21 Subscriber Statistics...... 21
GSM Services Mobile Phone Services...... 23 GSM Statistics...... 23 Roaming...... 24 SMS...... 24
Internet Access Services, Internet Service Providers...... 25 Subscriber Statistics...... 25
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Voice Traffic Breakdown
During the period April 2006 - March 2007 110.6 million minutes of phone calls originated in Gibraltar. This figure takes into account calls made from fixed lines (i.e. land lines and payphones), VoIP calls and GSM (mobile) calls. The following chart represent the breakdown of each type of call as a percentage of their total value. Telecoms Statistics Telecoms
(2%) (8%) KEY (4%)
Local (14%) International VoIP International GSM Local GSM (71%)
KEY
119.3 120 Local 102.1 International 100 VoIP International GSM 79.0 Local GSM 80
60
40
16.0 17.2 20 11.8 8.8 4.7 6.7 7.5 5.8 2.1 1.9 1.5 1.5 0 2006/2007 2005/2006 2004/2005
Gibraltar Regulatory Authority Annual Report 2006 / 2007 19 Voice Traffic Breakdown
Public Pay Telephones Gibtelecom is obliged to provide sufficient Public Pay Telephones in Gibraltar under Notice No.1/2002 “Designation of Universal Service Provider”. Telecoms Statistics Telecoms There are a total of 74 public pay telephones available around Gibraltar. Of these 45 are public coin phones with 29 being public card phones. A list of public pay telephone locations can be found in the Official Gibraltar Telephone Directory.
In February 2007 Gibtelecom installed its first refurbished payphone in order to carry out some preliminary tests. Once this is completed, Gibtelecom will proceed with the installation of other public pay telephones throughout Gibraltar. This first phase was due by the end of April 2007. Phase 2 of the project will involve the installation of the K6 Jubilee Boxes.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 20 VoIP Services
VoIP Services VoIP (Voice over IP) telephony is defined as a way of sending voice calls over the Internet using either software or a hardware telephone.
VoIP services can be accessed either by means of a pre-paid calling card or by dialling a prefix prior to the call. The prefix ensures Statistics Telecoms that the call is routed via the network corresponding to the prefix.
Whilst VoIP calls generally are of less quality than those routed via conventional networks, the cost of the calls is comparatively lower thus providing an attractive alternative in many cases.
During the period April 2006 - March 2007, 4.7 million minutes of outgoing international calls were routed via VoIP. This accounted for 21% of the total outgoing international minutes originating in Gibraltar (this figure includes GSM calls). Excluding GSM, the figure represented by VoIP calls is 23%
(9%) KEY (21%)
Fixed Line VoIP GSM (70%)
Subscriber Statistics In Gibraltar there are currently 3 VoIP providers which allow for international calls to be routed via their network. These are Gibtelecom, EasyCall Ltd. and CTS Ltd.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 21 VoIP Services
The countries most called via the VoIP calls originating in Gibraltar during the period April 2006 - March 2007 were UK and Spain.
(10%) Statistics Telecoms KEY (10%)
UK (50%) Spain
Rest of Europe Rest of World (30%)
Gibraltar Regulatory Authority Annual Report 2006 / 2007 22 GSM Services
Mobile Phone Service At present, Gibtelecom is the only licensed GSM mobile network operator. However, Gibtelecom has not been designated as having Significant Market Power in the mobile market. This position is currently being reviewed in a Market Analysis. Telecoms Statistics Telecoms
GSM Statistics During the period April 2006 - March 2007, 12.6 million minutes of calls originated from GSM phones in Gibraltar. Of these, 8.8 million minutes were local calls, 2.1 million minutes international with the remainder being roaming calls.
100
90 KEY
80 70% 70 Local outgoing GSM 60 International outgoing 50 GSM 40 Outgoing Roaming GSM 30 17% 20 13% 10
0
Gibraltar Regulatory Authority Annual Report 2006 / 2007 23 GSM Services
Roaming The period April 2006 - March 2007 saw approximately 369,982 roamers log on to the local GSM network. This figure corresponds to GSM phones using SIM (Subscriber Identity Module) cards originating in countries other than Gibraltar. Telecoms Statistics Telecoms
Roaming mobiles made approximately 1.7 million outgoing international minutes of phone calls and received 1.1 million incoming minutes of calls. It is worth noting that the local GSM operator benefits from incoming calls to roaming mobiles because a percentage of the international routing cost is attributed to the host GSM network. This is not the case if local mobiles receive international incoming calls.
SMS (Short Messaging Service) The local GSM network supports the use of SMS text messages. During the period April 2006 - March 2007, over 8.135 million SMS messages originated from local GSM phones. A further 2.897 million SMS messages originated from roaming GSM mobiles.
KEY (9.0%)
(17.3%) Outgoing SMS from Roamers Incoming SMS to Roamers SMS Non-Roamers
(73.7%)
Gibraltar Regulatory Authority Annual Report 2006 / 2007 24 Internet Services
Internet Service Providers Currently there are two licensed Internet Service Providers (ISP) in Gibraltar, Sapphire Networks and Gibconnect. Each provider is responsible for providing subscribers with ADSL and dial-up accounts which allow access to the Internet. Telecoms Statistics Telecoms
Sapphire also offer metro internet services which are available to customers within reach of their own physical network.
Subscriber Statistics At the end of March 2007, there were a total of 7,887 internet accounts in Gibraltar, consisting of 1,843 dial-up accounts and 6,010 ADSL accounts. Although this actually represents a 19% decrease in the total number of dial-up subscribers compared to last year, it is important to note that the number of ADSL subscriptions has increased by 18%.
ADSL Dialup Metro
7000
6010 6000
5028 5000 4481 3996 4000 3500 3000 2845 2878
2000 1843
989 1000
150 34 0 2002 / 2003 2003 / 2004 2004 / 2005 2005 / 2006 2006 / 2007
Gibraltar Regulatory Authority Annual Report 2006 / 2007 25 Radiocommunications
Gibraltar Spectrum Management Gibraltar Spectrum Management...... 28 World Radiocommunications Conference...... 28 Licensing of the Electromagnetic Spectrum...... 29 Licence Revenue...... 30
Maritime Maritime...... 31 Ship Station Licences (SSL)...... 31 Accounting Authority...... 32 Port Operations...... 32
Radio Amateurs and Citizens Band (CB) Radio Radio Amateurs and CB Radio...... 33 Dealers...... 33 Private Mobile Radio (PMR)...... 33
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Radiocommunications
Short Range Devices (SRD) Short Range Devices (SRD)...... 34 Very Small Aperture Terminals (VSAT)...... 34
Interference and Inspection Interference and Inspection...... 35
Upcoming Technologies Digital Broadcasting...... 36 WiMAX...... 37
Work Programme Website...... 38 In-house Development Software...... 38
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Gibraltar Spectrum Management
The Gibraltar Radio Spectrum Management Panel ("GRSMP"), which was constituted early in 1996, is chaired by the GRA and includes representatives from OFCOM, the Ministry of Defence, and the Emergency Services. The role of the GRSMP is to provide strategic advice on spectrum management policy issues, to the Minister for Communications. Policy decisions are crucial for the protection of radiocommunications the various services in Gibraltar and to ensure they may continue to operate without suffering harmful interference.
World Radiocommunications Conference The next WRC (World Radiocommunications Conference) will be held in Oct - Nov 2007 in Geneva. For this reason it was decided that the GRA will not hold a Gibraltar Co-ordination Group or GRSMP meeting until after the WRC in order to update its members of the resolutions of the WRC and its implications locally. The WRC is held every 4 years.
The Radiocommunications and Satellite Divisions are preparing for this conference by ensuring that the interests of Gibraltar are respected during these discussions and that the entries made on the Multi Frequency Register (MFR) held by the ITU reflect the correct details of Gibraltar registered transmitter stations for broadcasting, microwave links etc.
Close working relationships with DCSA Comcen, RAF and local operators such as Gibtelecom and Sapphire Networks ensures that the electromagnetic spectrum in Gibraltar is adequately administered and interference issues are investigated promptly and professionally. The GRA purchased new monitoring equipment with a much greater scanning range of up to 43GHz. Once this equipment is delivered it will complement the current spectrum analyzer which can only scan to frequencies of up to 3GHz.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 28 Gibraltar Spectrum Management
Licensing of the Electromagnetic Spectrum The GRA is responsible for issuing licences for use of the electromagnetic spectrum (known as “Part VI” licences). These 894 licences are for the radio equipment and/or the frequency use e.g. Ship Station Licences pay a fixed annual fee for the licence regardless of the equipment on board, whilst point-to-point fixed radiocommunications links pay per transmit frequency registered. The latter provides an
894 licences incentive for the operator to re-use the same frequencies where were issued possible thus reducing his operational costs and helping manage during 2006 / 2007 for the spectrum more efficiently. equipment and frequency use The frequencies allocated for GSM use and the Earth Station Licence (ESTN) where included last year for the sake of completeness. A breakdown of the type of Part VI licences issued can be found in the table below.
New Total Description Licences Licences 2005/2006 2004/2005 2003/2004 CB Radio 0 16 23 25 27 Radio Amateurs 3 44 40 39 42 Dealers 0 65 73 77 82 Port 2 32 32 32 30 PMR 1 34 37 37 35 Fixed Links 0 3 3 3 2 SRD (LAN) 1 18 17 16 6 VSAT 0 2 2 4 4
Accounting 0 22 23 22 22 Authority Ship Station 166 653 583 553 513 ESTN 0 1 1 1 1 Spectrum Usage 0 1 1 0 0
GSM 0 1 1 1 1
TFL 1 2 1 1 1
Total 174 894 840 812 775
Gibraltar Regulatory Authority Annual Report 2006 / 2007 29 Gibraltar Spectrum Management
Licence Revenue The chart below contains the percentage contribution to the revenue collected over the last year for each type of Part VI licence. Please note that these figures are made up of all monies collected on behalf of Government for the period 1st April 2006 to 31st March KEY 2007 including licensees who were in arrears from the previous radiocommunications financial year, but collected during the current period.
(0.39%) CB Radio (0.36%) (5.17%) Radio Amateurs (2.87%) Dealers (5.53%) (7.36%) Port (18.80%) PMR Fixed Links (17.16%) SRD (LAN) VSAT Accounting Authority (3.91%) Ship Station Licences (1.10%) (26.07%) ESTN (11.28%) Spectrum Usage
(23%) KEY
(52%) Total (Other) GSM TFL (25%)
Gibraltar Regulatory Authority Annual Report 2006 / 2007 30 Maritime
Maritime Port Operations, Accounting Authorities and Ship Station Licences make up the Maritime quotient of Part VI licences. In order to meet a need from users a new licence was introduced, the Ship Portable Radio Licence. This is intended for use by persons who operate radio equipment on marine frequencies for work or pleasure, but radiocommunications do not want to associate their equipment with a vessel. The licence fee is the same as for a pleasure yacht (£20) and licenses the use of VHF with or without DSC equipment and also the registration of a personal locator beacon to an individual. There is a steady increase in the number of licences issued for the maritime sector.
Ship Station Licences 166 new licences have been issued over the past year. This figure includes changes in vessel ownerships. Because licences are 166 non-transferable and a new licence must be issued on change of ownership the figures in the table above will not tally with the number of vessels registered in Gibraltar.
new licences Comparing the ratios from past years we can see that the ratio is have been issued over roughly 2:1 between Commercial and Pleasure. However, the the past year respective monetary contributions balance is shifted towards Commercial vessels which pay £75 compared to the £20 in fees for pleasure yachts.
Pleasure Commercial Official Ship Portable Radio 70 63 62 61 60 58
50
40 38 35 35 36
Licences 30
20
10
2 2 1 2 1 2 1 0 2003/2004 2004/2005 2005/2006 2006/2007
Gibraltar Regulatory Authority Annual Report 2006 / 2007 31 Maritime
The GRA is also responsible for maintaining the GMDSS (Global Maritime Distress & Safety System) and EPIRB (Emergency Position-Indicating Radio Beacon) registers and the allocation of the MMSI (Maritime Mobile Service Identities) numbers in conjunction with all other call signs for terrestrial licences. Therefore changes to SOLAS (Safety of Life at Sea) and IMO (International Maritime radiocommunications Organisation) implemented by both the Port Authority and Ship Registry affect the requirement of vessels with radio equipment.
Accounting Authority It is an international requirement that all Gibraltar registered vessels with radio equipment enter into an agreement with an Accounting Authority, recognised by Gibraltar, to process the payments of bills incurred from radiocommunications. A total of 23 Accounting 23 Authorities are now registered in Gibraltar out of a maximum of 25 permitted by the ITU Radio Regulations.
Port Operations there are 23 Ship agents, ship chandlers and other maritime businesses require registered Accounting Port Operations Licences to communicate on the busy maritime Authority’s in Gibraltar channels. Calling channel 71 and working channels 61,62,63,68 and 69 have been set-aside for Port Operators to use. As the industry expands there may be a requirement to introduce cross- border co-operation for better frequency management in this saturated band.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 32 Radio Amateurs & CB Radio
Radio Amateurs & CB Radio 10w Radio Amateurs & Citizen's Band ("CB") users together only account for less than 1% of the Part VI licences revenue. The Gibraltar Amateur Radio Society are currently offering foundation and intermediary courses to provide access to most of the Amateur GARS restricts band, but restricts licensees to a maximum RF output power of 10 radiocommunications licensees to a maximum RF watts. The syllabus is based on the premise of producing "safe output power of 10 watts in and competent" radio amateurs. For more information on this the Amateur band course and on the Gibraltar Amateur Radio Society visit their website www.gibradio.net
Dealers Updates are sent regularly to dealers concerning changes to equipment which is exempt from licensing and the GRA contacts businesses which may be dealing in licensable equipment, such as 802.11a, a type of wireless network standard, and may be unaware of the regulations. The GRA has issued a number of notices over the past year informing both licensed and unlicensed traders of new electronic equipment and how to regularise their position if required. We continue to liaise with the Trade Licensing Section of the DTI to inform traders of any licensing requirements.
Private Mobile Radio 446 There has been one new Private Mobile Radio ("PMR") licence MHz issued this year. Despite the proliferation of GSM phones and the exemption from licensing of short-range radios operating on 446 MHz, some companies are seeing the benefit in changing back to using PMR. Nonetheless, in future we will likely see the number the 446 MHz band is licence of licensees levelling off, though commercial activities (e.g. crane exempt and unprotected operators) may require a protected frequency for their sole use, for PMR users. unlike the 446 MHz licence exempt band which is unprotected and available to the public.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 33 Short Range Devices
Short Range Devices A whole variety of Short Range Devices which include WiFi Local Area Networks, is licence exempt throughout Europe. In Gibraltar, only CE approved equipment with integral antennas is exempt from licensing. Equipment fitted with an external antenna requires a SRD (LAN) licence. These types of equipment are used mainly radiocommunications as a cheap, but less reliable alternative to leased lines to connect a remote office to the main office computer network. The basic limitation with these systems is a requirement for line-of-sight between the antennas, and power is restricted to very low levels.
Companies are charged a single annual licence fee depending on the type of system (point-to-point or point-to-multipoint), and not on a per link basis. With the advent of WiFi, WiMax and wireless broadband we could see these types of links, at least the point-to- multipoint being set up around Gibraltar to provide Internet connectivity for both fixed and mobile users.
VSAT Very Small Aperture Terminals ("VSATs") are small Earth Stations that operate within 14-14.5 GHz at reduced power levels. One new permanent terminal has been licensed this year. Satellite News Gathering ("SNG") terminals come under this umbrella because technically they operate in the same frequency bands but are licensed for a period of 3 months in which they can provide live broadcasts from Gibraltar.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 34 Interference & Inspection
Interference & Inspection The GRA is responsible for protecting and monitoring the electromagnetic spectrum in Gibraltar. The GRA continues to develop in-house software programs to help in the management of the radio spectrum. An ongoing monitoring programme to identify available frequencies and bands complements this. When an radiocommunications operator (of radiocommunications equipment) reports interference, TV the GRA attempts to identify the source before taking any action. The task of determining the origin of the interference is a complex one to which many factors can contribute. The type of interference varies from an obvious random communication which interferes television with T.V. reception to a slightly elevated level of apparent background reception is the most noise. The most common type of reported interference is to common type of reported television installations or degraded equipment. If the interfering interference. signal originates in Gibraltar, that operator is contacted and, as the majority of cases is due to part of its licensing conditions, could be required to reduce transmitter a faulty installation or power or co-ordinate with the other operator. If the interfering equipment transmitter is operated without the appropriate licence, the equipment will be disconnected until the system can be inspected and a licence is issued. If the interference is identified as emanating from Spain or Morocco, a formal report is sent to Ofcom (Office of Communications) in London who in turn contact the other country's administration to request their co-operation in eliminating the source of the interference. There is a procedure established by the ITU for handling interference which involves bilateral meetings and co- ordination of systems. This procedure does not provide a quick solution and therefore certain services and systems are sometimes altered or migrated to another frequency in order to avoid interference.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 35 Upcoming Technologies
Digital Broadcasting GE06 In June, the ITU held the Regional Radiocommunications Conference 2006 ("RRC-06") to review the Stockholm 1961 (ST61) Agreement which established the analogue television channels within Region 1 of the ITU, which includes Europe. This was the culmination of Geneva 2006 many months and even years of work by many countries determined radiocommunications sets out the legal to secure allocation of frequencies respectively under the new framework for the transition Digital Plan, Geneva 2006 (GE06). The GE06 sets out the legal period of frame work that repeals the ST61 and dictates the rules for analogue to digitial coordination and the protection of analogue transmissions during the transition period.
The GRA began preparatory work for this conference in early August 2005. In the run up to RRC 06 the GRA took a direct role in bi- lateral meetings with Spain, Morocco and Algeria. During the conference in Geneva the GRA formed part of the United Kingdom delegation and participated very actively in the planning process to ensure that Gibraltar obtained allotments for digital television and digital radio services. The UK delegation was made up from members of OFCOM, BBC, Arqiva and the GRA. Due to the large planning area which encompassed over 120 countries stretching from the South Africa to Russia and the Middle 120+ East the planning area was divided into 5 sub-areas of which Gibraltar was assigned to the Mediterranean region. Members of this region included Gibraltar’s immediate neighbours Spain, Morocco, Algeria and Portugal with which we were required to co-ordinate,
countries but by far the most important was Spain because of its proximity. involved under There was a constant stream of strict deadlines which had to be the new Digital Plan, adhered to in order to input the requirements and bi-lateral Geneva 2006 agreements (Administration Declarations) into the planning software. Five planning runs where conducted in total with each run showing improvements on the previous. Gibraltar achieved 100% of its requirements.
Next Steps Discussions are on going between the broadcasters, GRA and Government and an announcement on the implementation of the digital plan is expected in the near future.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 36 Upcoming Technologies
WiMAX (Worldwide Interoperability for Microwave Access) WiMAX refers to broadband wireless networks that are based on the IEEE 802.16 standard, which ensures compatibility and interoperability between broadband wireless access equipment. WiMAX Work has been carried out in conjunction with a local operator and radiocommunications users of the 3400 - 3600 MHz band to introduce WiMax certified equipment into the Gibraltar Market. WiMax will enable a quick
WiMAX will network rollout to customers without the need to physically dig up enable a quick network rollout roads to lay new cabling infrastructure. WiMax allows not just to customers broadband internet access at higher capacity than the present and provide greater ADSL but can also be used to deliver telephony and video. A Test coverage than Wi-Fi and Development Licence has been issued and the legal frame work will shortly be in place to enable the GRA to issue Public Fixed Broadband Wireless Access licenses using WiMax technologies.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 37 Work Programme
Website Due to the increase in responsibilities of the GRA and the extensive information contained on the website, work is being completed to remodel the site to make it easier for both the end-user to access information and retrieve information and for the back office to keep this information up to date. radiocommunications
In-House Software Development Office automation is still vital in the day to day running of the GRA and work continues to improve and make it easier to issue licences, reminder letters and back office accountancy for the monies collected.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 38 Data Protection
Data Protection Commissioner (DPC) Data Protection Act 2006...... 41 Data Protection Commissioner (DPC)...... 41
The Register Data Controllers...... 43 Development of the Registration Process...... 44 Registration Statistics...... 45
Seminars Seminars...... 46
International Events Islands Data Protection Meeting...... 47 28th International Conference...... 48
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Data Protection
Case Studies Case Study 1...... 49 Case Study 2...... 50 Case Study 3...... 52
Work Programme Audits...... 55 Registration Process...... 55
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Data Protection Commissioner
Data Protection Act 2006 The Data Protection Act (DPA) was commenced in 2006. Commencement occurred in 3 main stages namely the creation of 2006 the Data Protection Commissioner (DPC) and its associated powers, the creation of the register of data controllers and the incorporation protection data of manual data. The final stage amalgamated both manual and computerised processing of personal data as being data which
in April 2006, was capable of being captured by the DPA. The impact of this last the DPC, its role and its stage is that if an individual requests copies of his/her personal powers came data from an entity processing their data, the entity is obliged to into effect disclose all data being held and not only computerised data. The final stage of commencement took place in September 2006.
Data Protection Commissioner (DPC) In April 2006, the DPC, his role and powers came into effect. In accordance with the DPA, the role of DPC was assigned to the Gibraltar Regulatory Authority. The role of the DPC is primarily to act as the national supervisory authority for data protection. The role requires the DPC to investigate data protection related matters brought before it by members of the public or organisations as well DPC as offering advice on data protection related issues. The DPC is empowered to consider any data protection related matters and may also commence an investigation even without a complaint being made. However if a complaint is made, the DPC the role of the is obliged to investigate the matter. Where the DPC finds that an DPC is primarily to act individual has suffered damage as a result of a contravention of as the national supervisory the DPA by a data controller (i.e. an entity that controls the personal authority for data protection data which it processes) a compensation order made be made.
Whilst matters should in the first instance be resolved amicably, the DPC has powers under the DPA to issue both Information Notices and Enforcement Notices. The Information Notice allows the DPC to obtain information from any of the parties to a matter brought before it and which is required for the resolution of the matter. In an Enforcement Notice the DPCmay order a person who has contravened or is contravening a provision of the DPA to omit from or carry out, whatever steps are necessary to comply with the provision.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 41 Data Protection Commissioner
The DPC is also able to promote the use of codes of practise in order to ensure compliance with the DPA. To date, the DPC has encouraged various sectors, in particular the public sector, to establish data protection codes of practice. data protection data
Gibraltar Regulatory Authority Annual Report 2006 / 2007 42 The Register
Under the Act, the DPC is required to maintain a public register of data controllers. The purpose of the register is to allow the public to ascertain what personal data is being processed about them by the registered data controllers. data protection data The Data Protection Register was created in June 2006 and includes several data controllers from the various business and public sectors in Gibraltar.
Data controllers are able to undertake the registration process online or manually. Online registration is always recommended as it enables the data controller to create an account which they can later access and amend. Whatever format the applicant chooses however must be followed with a signed copy of the application along with the standard fee of £20.
The register holds the following information about the data controller:
name and business address
details of contact person responsible for data protection nature of the business
the security measures which are in place to protect the personal data from being accidentally or unlawfully lost, accessed, destroyed or damaged
a description of the processing operations it carries out on personal data (e.g. personnel records, customer records etc)
the purpose for carrying out the processing operation
who the personal data is about (e.g. staff, customers etc)
what kind of personal data is processed (e.g. financial details, medical records)
who the personal data may be disclosed to
whether the personal data is transferred abroad and in particular whether it is transferred to countries outside of the European Economic Area
Gibraltar Regulatory Authority Annual Report 2006 / 2007 43 The Register
Development of the Registration Process Upon commencement of the registration requirement for data controllers, a website was published allowing online registration. The benefit of online registration for data controllers was that they could begin the registration process and return to it at a later stage protection data by re-logging onto the system thus eliminating the need to complete the process in one go. A system was devised whereby the data controller could enter details via a web-based portal which would in turn transfer the data to the GRA's database creating an almost automated registration process. The data controller would only be required to print the data that had been entered into the web- portal, sign it and return to the GRA with a cheque for £20.
During the early stages of registration much feedback was sought from the registered data controllers about the functionality of the system. The feedback proved very helpful to the development of the system in particular as it was clear that applicants were confused by much of the terminology used in data protection. It was therefore undertaken to revamp the website to include a glossary of terms, an extensive help section and a clearer process throughout the registration.
In November 2006 the new website was launched with immediate notable results. It was noted that fewer enquiries were being received about small issues which had previously troubled many applicants as well as there being an increase in web-based registrations in relation to manual registrations.
The Act requires the DPC to maintain the register available for public viewing. In an effort to simplify viewing by the public, the register was published online and can now be viewed from the GRA's website www.gra.gi as well as in the DPC's Offices.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 44 The Register
Registration Statistics The following chart shows the percentage of data controllers which were fully registered by 31st March 2007. The breakdown is on a per sector basis. data protection data
KEY (3.00%) (3.00%) (4.00%)
Service (33.00%) (9.00%) Financial Insurance Public Sector Gambling (18.00%) Retail Health
(30.00%)
Gibraltar Regulatory Authority Annual Report 2006 / 2007 45 Seminars
In anticipation of the full commencement of the DPA a series of seminars were hosted locally by the DPC in order to raise awareness for different sectors about their responsibilities under the DPA. The various sectors invited to attend were: data protection data Gambling
Banking
Insurance
Law Enforcement Agencies
Telecommunications
The seminars were held between 22nd May and 29th May 2006 and approximately 150 attended across the various sectors. In order to benefit from the expertise of other data protection authorities, the Assistant Data Protection Commissioner of Ireland, Mr Sean Sweeney was invited to speak at each of the seminars. Apart from having acted as a valuable source of information and advice for the GRA in the past, Sweeney has over 10 years experience in the field of data protection. Mr Sweeney has also assisted the Government of Gibraltar in various data protection presentations.
The seminars proved successful, in particular because they provided the attendees with several case studies relevant to their industries. The case studies were derived from the Irish Data Protection Commissioner's vast dealings with each of the various industries in its own country.
The seminars also provided the DPC and his office with a forum in which to outline its role and duties under the DPA. Many issues were addressed and clarified in particular that of registration requirements, the various attendees' responsibilities under the DPA and the DPC's duties in respect of complaints received by data subjects.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 46 International Events
Islands Data Protection Meeting The DPC was invited to attend the Islands Data Protection Meeting. Historically, this annual meeting has consisted of Jersey, Guernsey, Isle of Man and UK but has recently been extended to include Ireland, Cyprus and Malta. Subsequently upon commencement of protection data the DPA, Gibraltar was invited to attend.
The meeting is an informal gathering where ideas can be exchanged with similar jurisdictions and data protection issues are discussed. It also provides attendees with the opportunity to meet new contacts who work in similar Each attendee provides a country report and comments about any issues which may be of relevance or which may require further discussion or advice from the other attendees. The presence of the UK Information Commissioner and members of his office however adds a wealth of experience and expertise to the meeting.
Gibraltar attended its first meeting of the Islands in July 2006 which was hosted by the Data Protection Commissioner of the Isle of Man. Whilst the DPA had only been in force for about 3 months at the time it was interesting to see many of the smaller jurisdictions commenting on issues which had already been identified by the Gibraltar DPC.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 47 International Events
28th International Conference of Data Protection and Privacy Commissioners The DPC was invited to attend the 28th International Data Protection and Privacy Commissioners' Conference which was held in London on 2 and 3 November 2006. protection data
The Conference was hosted by the UK's Information Commissioner's Office.
The conference consisted of open sessions where the data protection and privacy community were able to come together, followed by a closed session for accredited supervisory authorities from around the world.
The programme for the conference was focussed on a single issue, that being the issue of living in a "Surveillance Society". The speakers' presentations revolved around this topic and in all cases presented thought-provoking issues centred upon what is one of the most challenging factors facing the data protection and privacy community.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 48 Case Studies
Since the commencement of the DPA, much advice has been offered to various data controllers and individuals alike. Whilst much of the day to day enquiries have revolved around registration matters, there has been a steady influx of unique enquires, primarily concerned with individuals' rights under the DPA. The following Case Studies are an example of some issues in which the DPC has been involved protection data in and attempt to show the advice offered as well as the action taken by the DPC to achieve resolution and compliance with the DPA.
Case Study 1 Government Authority Employee Refused Access to his Personnel Records When an individual about whom personal data is being processed (a data subject) by a data controller, requests a copy of the personal data being processed from a data controller, such a request is referred to as a subject access request. The access request is a right granted to all data subjects under s14 of the DPA.
The DPC was approached by an employee (the "Complainant") of a Government Authority (the "Employer") who was refused access to his personnel records. The reason for refusal appeared to be that the Complainant wanted to work out the number of sick leave days he was entitled to. Believing that the Complainant intended to use the information to abuse his entitlement, the Employer refused him access.
DPA s14 states:
(3) If data relating to any individual making a request ... is being processed by, or on behalf of, the data controller, the data controller shall, in writing-
(a) provide him with-
(i)a description of the purpose or purposes of the processing;
(ii)a description of the categories of data being processed by or on behalf of the data controller;
(iii)a description of the recipients or categories of recipients to whom the data are disclosed;
(iv)in intelligible form, the information constituting any personal data of which he is the data subject; and
(v)any information known or available to the data controller as to the source of those personal data save as provided by this Act; and
Gibraltar Regulatory Authority Annual Report 2006 / 2007 49 Case Studies
Furthermore, s14(4) states that the data controller must comply with such a request within 28 days.
In accordance with his powers and duty to enforce compliance with the DPA, the Employer was contacted and asked to provide a reason for refusing to comply with protection data the access request. It was found that the Employer's reasons for refusal were not, on balance, substantial enough to deny the Complainant access to his personal data.
The Employer was advised to disclose the data requested to the Complainant and this was carried out with within a matter of days. There was no need for further action on behalf of any of the parties.
Case Study 2 Complaint against Local Online Betting Company for Non-Deletion of Personal Data A complaint was received via the UK Information Commissioner's Office regarding a local online betting company (the "Company"). The Complainant was an ex- customer of the Company who requested they delete all the personal data being held about him. This request was refused by the Company however on grounds of security. As the Company's registered offices are in Gibraltar, the matter was referred to the DPC.
Upon enquiry, the Company confirmed that the Complainant had agreed to their terms and conditions which state that the Company will keep personal data for 3 years after closure of account. The Company confirmed that they were holding the following details on the Complainant:
Username Registration date Account closed date Copy of driving license Account performance
The Company provided a copy of their terms and conditions which state:
"If in the case you close your betting account, your personal details saved in our system will, in accordance with the legal period of warranty, only be deleted at your express request after the expiration of three (3) years. It is not possible to delete your details prior to this respite period, as this information must be available for your security should it be required for unenforceability, exertion or defence of legal claims by authorities or court of law."
The Company was further queried on the matter in order that they provide proof that
Gibraltar Regulatory Authority Annual Report 2006 / 2007 50 Case Studies
The Company was further questioned on the matter in order that they provide proof that the terms and conditions were in accordance to local law and/or requirements. The Company advised that they were acting in accordance with the anti-money laundering obligations imposed on them by their licence which is granted under the Gambling Act 2005 (GA) in particular s36 and s47. protection data
The matter was further investigated and the following was established:
GA s36 reads:
Procedures and internal controls.
36. In order to monitor the activities authorised under the licence and, in particular, to comply with its obligations under the Criminal Justice Act in respect of any transactions which may give rise to any suspicions of money laundering on the part of participants, a licence holder shall establish and at all times maintain in operation an effective system of internal controls and procedures.
GA s47 (1) reads:
Offence of failing to fulfil obligations.
47.(1) A licence holder shall be guilty of an offence if he fails to comply with any obligation imposed on him by or under Part VI or Part VII.
Thus the GA, which is currently in force, requires the Company to comply with s36 and s47 (1) and makes it an offence to fail to comply as s36 falls under Part VII of the GA.
As a licensed Online Gambling operator the Company was obliged to comply with the provisions of the Criminal Justice Act. This provides, via the anti-money laundering guidelines published by Gibraltar's Financial Services Commission that certain entities must hold identification data for a number of years from the data of the last transaction. Thus in order to comply with these requirements, the Company was required to retain the Complainant's personal data.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 51 Case Studies
The DPA, at s7 reads:
7.(1) The processing of personal data is prohibited save where…at least one of the following conditions is met- data protection data … (b) the processing is necessary- … (ii) for compliance with a legal obligation to which the data controller is subject other than an obligation imposed by contract…
The Company was not found to be in breach of the DPA by continuing to hold the Complainant's identification documentation because it was complying with the legal obligations imposed on it by the Criminal Justice Act.
Case Study 3 Teachers Working from Home on their Personal Computers The DPC was asked by a local comprehensive school (the "School") to advice upon the implications of its teachers working at home and using their personal computers to do so.
The school advised that some teachers occasionally opted to take work home with them in order to continue working on their personal computers as home (the "Home Computers"). These computers were not school or Department of Education issued computers but actually belonged to the teachers in question. The school advised that some of the work carried out on the Home Computers consisted of pupils' reports (the "Reports") all of which was highly confidential given the contents of the Reports. The school was particularly interested in receiving advice as to whether such a practise would be allowed by the DPA and if so whether there should be any particular security measures in place in the Home Computers to avoid any unauthorised access to the Reports.
The DPA defines a data controller as "a natural or legal person, public authority, agency or any other body who or which, alone or jointly with others determines the purposes and means of the processing of data". Thus for the purposes of the DPA, the school was found to be the data controller of the pupils' personal data which was processed by the school in order to perform its legitimate functions i.e. that of providing an academic education to its pupils. In order to perform its duties correctly, the school was required to produce reports about pupils' performance. Such a duty was carried out by employees or agents of the school (i.e. teachers) who perform this function on behalf of the school. Thus the school remained the data controller of any personal data it held about its pupils.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 52 Case Studies
The DPA outlines a set of principles (the "Principles") which is common to all EU member states whose national data protection legislation derives from the European Directive 95/46/EC. All data controllers must comply with all the Principles. The DPA at s6 (1) states: data protection data (d) appropriate organisational and technical security measures shall be taken to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Thus the school in its capacity as a data controller was under a duty to comply with this. If the school wished to allow pupils' personal data to be used in the home computers it was under a duty to ensure that "appropriate organisational and technical security measures" were taken to protect the personal data. This included any instances where the personal data was to be located or used regardless of location. Furthermore, the school was advised that were personal data to be accessed unlawfully or without authority whilst being stored on the home computers, the school would remain in breach of the DPA regardless of any negligence or recklessness by the owner of the home computer.
Whilst the DPA does not outline the exact measures which must be taken to comply with the above, the use of the word "appropriate" in the Principle ensures that the data controller considers the potential risk and harm which may be caused if the Principle is not complied with. Thus the recommendation in this case was that if the school was to allow the practise in question it had to ensure that the above Principle was always complied with.
Whilst the minimum level of protection which was required to be in place in the home computers was not a matter upon which the DPC could advise, the onus was placed on the data controller to ensure that the personal data was protected. However, certain obvious precautions were advised as follows:
An updated antivirus, taking into account that new viruses are created almost everyday
An updated firewall, taking into account that new vulnerabilities are common
Password-protected areas within the computer (e.g. individual accounts)
Password-protected files
Adequate backup to protect against accidental deletion/destruction
Gibraltar Regulatory Authority Annual Report 2006 / 2007 53 Case Studies
It was also advised that it was also necessary for the owners of the Home Computers to consider unauthorised access within their own homes i.e. it is commonplace for computers to be shared with other members of the family/household. Other precautions which were to be expected of such a practise were the consideration of the manner in which the personal data was to be moved from the School's protection data computers to the Home Computers and vice versa. The Principle above requires the data controller to consider in particular security "where the processing involves the transmission of data over a network". The internet and any of its forms of data transmission (e-mail, FTP, remote access etc) is such a network.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 54 Work Programme
Audits Plans to carry out audits on data controllers have been established. The data controllers will be randomly selected and will be from various sectors. The audits will take place in order to ensure that data controllers are complying with the DPA. data protection data Registration Process The Data Protection Register and the registration process will be improved to reflect the continuing demand for on-line registration. The website is under constant review and will continue to improve as a result of feedback from the data controllers who register.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 55 Gambling
Legislative Framework Gambling Act 2005...... 57 The Gambling Commissioner...... 58 Projects where the Gambling Commissioner is a Participant...... 60 eGambling Working Groups...... 61 Familiarisation Visits...... 62
Complaints from Players Complaints from Players...... 64
Remote Gambling Remote Gambling...... 66
Work Programme Work Programme...... 67
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Legislative Framework
Gambling Act 2005 The Gambling Act 2005 ("the Act") came into operation on 26 October 2006 to repeal the Gaming Act, a law originally enacted KEY in 1958. gambling The purpose of the Act is to modernise Gibraltar's legislation and to create a statutory licensing and regulatory framework to suit Gibraltar's status as a leading jurisdiction for online gambling.
the objectives of the Commissioner The gambling division's responsibilities include: is to ensure that licence holders conduct their Overseeing all operations of licensees, in particular the business undertakings in regulation, supervision and enforcement of licence conditions accordance with the terms and relevant laws; of their licences; that they conduct Advising the Gambling Commissioner on all matters their business in accordance concerning the regulation of the gambling industry; with the provisions of Carrying out regulatory policies, procedures and the Act; and that they investigations; conduct their business in a manner that maintains Representing the jurisdiction at international forums; Gibraltar's good reputation as a first tier Carrying out detailed assessments of licence applications jurisdiction. as required and preparing advice to the Licensing Authority; Initiating and carrying out investigations of possible breaches of licence conditions or the relevant laws;
Conciliating and resolving disputes between licensees and users;
Preparing Codes of Practice for licensees and general information for users;
Liaising with regulators in other jurisdictions with regard to the licensing and regulation of online gambling and/or looking to establish international best practices and cross-jurisdictional co-operation
The Act provides for a Licensing Authority, currently the Minister with responsibility for Gambling and a Gambling Commissioner, with both entities having separate responsibilities.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 57 Legislative Framework
The Gambling Commissioner The GRA was appointed as the Gambling Commissioner ("the Commissioner") and commenced its duties as from the date the law was enacted. gambling
The objectives of the Commissioner are to ensure that licence holders conduct their business undertakings in accordance with the terms of their licences; that they conduct their business in accordance with the provisions of the Act; and that they conduct their business in a manner that maintains Gibraltar's good reputation as a first tier jurisdiction.
In pursuit of his objectives the Commissioner has a mandate under the Act to draw up and publish Codes of Practice aimed at ensuring good business practice on the part of the licence holders. Codes of Practice, however, can only be released with the consent of the Minister, and in consultation with the industry and the Licensing Authority.
The Commissioner is at present consulting licence holders on a Code of Practice providing guidance to licence holders on measures to prevent the industry from being used as a vehicle for money laundering and the financing of terrorism.
It is the intention of the Commissioner to recommend the Licensing Authority to make compliance with all promulgated Codes of Practice a licence condition.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 58 Legislative Framework
The Commissioner also has powers to conduct investigations at any time into the conduct of any licence holder to assess the company's suitability to continue with its licence. In like manner, the Commissioner has the authority to conduct an investigation to gambling assess the fitness and propriety of a licence holder's executive manager(s) should there be substantial reason to question his/her probity.
As a result the Commissioner is provided with powers to request that the Licensing Authority consider either suspending or revoking a licence. In addition, the Gambling Commissioner is entrusted with informing the Licensing Authority of any issues the latter entity should consider when assessing an application for a licence or a renewal, suspension or revocation of a current one.
The Commissioner is also under obligation to report regularly to the Minister for gambling in order to keep him fully informed of all matters it has encountered as part of its duties and responsibilities, along with any other issues as the Minister may request from time to time.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 59 Legislative Framework
Projects where the Gambling Commissioner is a participant The Commissioner has participated in local and international initiatives both as part of its duties, and also as part of its own enterprise. gambling
The Commissioner is at present participating in the Third Money Laundering Directive Committee to assist in the transposition of the Directive into Gibraltar law. The Third Money Laundering Directive makes direct provisions for land-based casinos and, for the first time makes direct reference to internet casinos. Therefore, the Commissioner's participation is important, especially relevant as it dovetails into the anti-money laundering Code of Practice presently being developed.
At present, gambling operators are bound by way of a licence condition to abide by the directions issued by the Financial Services Commission ("FSC") in its Anti-Money Laundering Guidance Notes. One can draw comparisons on this issue with the purpose of the Act i.e. to modernise Gibraltar's gambling law. The FSC provide guidance notes for the industry it regulates, namely financial services, the Commissioner is designed will provide directions to IAGR the gambling industry. The first international event the Commissioner participated in was the International Association of Gambling Regulators' ("IAGR") annual conference held from 23-27 October 2006 in Barcelona. the IAGR is an organisation of gaming regulators from around the Commissioner participated in world who communicate on a continuing basis about matters of the International common interest. There were multiple general and breakout Association for Gambling sessions on major issues affecting the industry, including the US Regulators in Oct 2006 Unlawful Internet Gambling Enforcement Act.
The Commissioner was invited to attend the eGambling Working Group forum of IAGR. The main purpose of the eGambling Working Group forum is to facilitate communication amongst regulators and governments around the world that supervise remote gambling operators. Participants include, but are not limited to, the UK, Isle of Man, Jersey, Antigua, Kahnawake, Malta, Sweden, Jamaica, Italy, Alderney and Portugal.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 60 Legislative Framework
eGambling Working Group The eGambling Working Group forum embarked on an initiative to establish common international standards for the e-gambling GREF industry based on the Australian Uniform Standards ("AUS") Model. gambling A technical sub-committee was established for the purpose of assisting the eGambling Working Group in developing an international technical standard for the remote gambling industry.
the A meeting was held on 14 and 15 March 2007 at the offices of the Commissioner is also a UK's Gambling Commission to discuss the issue. member of the Gambling Regulators Notwithstanding any discussions held at the eGambling Working European Forum Group, the Gambling Commissioner will pay unconditional regard to his duties under the Act which will override any issues arising out of the eGambling Working Group.
The Commissioner was also represented at the annual International Regulator's Luncheon held during the renowned International Casino Exhibition Show held at Earls Court, London from 23 - 25 January 2007.
The Commissioner is also a member of the Gambling Regulators European Forum ("GREF"), with the next meeting to be held in Dubrovnik, Croatia. Whereas IAGR is a platform for regulators from around the world to meet, GREF is fundamentally a European initiative running very practical conferences and working groups for regulators.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 61 Legislative Framework
Familiarisation visits The Commissioner has, within the past year, conducted familiarisation visits to licence holders in order to get acquainted with shareholders, directors and senior management of the various operators that fall gambling within the scope of the Act. Additionally, the visits provided the Commissioner with the opportunity to obtain a further insight into the operations the different companies perform.
The visits also gave the Commissioner and licence holders the occasion to further discuss, within a cordial atmosphere, issues in relation to the new licensing and regulatory framework, and any other matters related to the industry at large.
To date the Commissioner has carried out familiarisation visits at;
Victor Chandler (International) Limited; 32 Red plc; Mansion (Gibraltar) Limited; Globet.com Group Limited; bwin International Limited; 888.com plc; Eurobet (Gibraltar) Limited; Carmen Media Group Limited; Futuresbetting.com Limited;
St Minver Limited; Stan James (Gibraltar) Limited; International Betting Association Limited; Digibet Limited; PartyGaming plc; International Casino Gibraltar; Rock Turf Accountants Limited.
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The exercise has enabled the Commissioner to identify those issues that are of major concern to the industry as a whole, and also identify issues that are particular to certain companies. gambling This information has been registered by the Commissioner and shall be considered as it develops its risk based regulatory framework for the supervision of licence holders.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 63 Complaints from Players
The Commissioner has a legal duty to handle complaints it receives from the public about licence holders. In order to have an appropriate system to address complaints efficiently and effectively 25 the Commissioner developed and released a Complaint Resolution gambling Procedure ("CRP") with an accompanying Complaint Resolution Request Form ("CRRF").
since The Commissioner strongly believes that a participant should firstly November 2006, a total of approach the licence holder in order to resolve any disputes without 25 complaints involving any third parties. There may be instances were a have been made (23 settlement cannot be reached by both parties, or the participant informal and 2 by CRRF) is dissatisfied with the final deliberation from the licence holder, in which case the participant has recourse to the Commissioner's CRP. The Commissioner will only look into complaints he receives via the CRP if he concludes that all possible avenues of resolution have been exhausted by both parties, and even then, the Commissioner might conclude that the complaint would be addressed in a more suitable manner by a reputable independent arbitrary body
It is therefore practical to distinguish between "formal" and "informal" complaints. A "formal" complaint is one where upon receipt of a CRRF the Commissioner concludes from the information submitted that the issue requires arbitration.
There are instances where participants have contacted the Commissioner wishing to file a complaint about a licence holder by way of e-mail, or by post. In these cases the participants are made aware that they should refer any complaints directly with the licence holder, but are still notified that they have the option of instigating the Commissioner's CRP if they are dissatisfied with the outcome of any dispute (s)he has referred to the licence holder. In these cases these complaints are deemed to be "unofficial".
The Commissioner has received since November 2006 twenty three "informal" complaints and two complaints by way of a completed CRRF. The CRRF submissions are at present being addressed by the Commissioner and so far have not been deemed to be "formal" complaints.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 64 Complaints from Players
The nature of the complaints received are allegations of the following;
Change of rules to games where the player has received no gambling prior notice;
Bets that have been accepted by the licence holder then withdrawn without the player receiving an explanation for this;
Players' accounts being blocked;
Licence holders refusing to pay out funds held in a player's account alleging the player is a bonus abuser;
Licence holders refusing to pay out funds in a player's account without providing a reason for this;
Money from a cancelled tournament not being refunded to the player;
Licence holder providing misleading information in the rules to a game;
Licence holder refusing to pay out jackpot winnings giving the reason that there had been a systems error;
The Commissioner is pleased that licensees are generally keen to resolve complaints speedily and fairly.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 65 Remote Gambling
The gambling industry in Gibraltar is overwhelmingly dominated by the presence of remote gambling operators.
There are at present 16 companies licensed to conduct remote 16 gambling under the Act. These companies offer services in fixed gambling odds betting, casino games and spread betting.
Over the past year the most notable issue in relation to remote gambling was the position adopted by the US against the industry. in contrast to the US, the UK On 13 October 2006, the US Government enacted the Unlawful Government's approach to Internet Gambling Enforcement Act which prohibits banks in the remote gambling is US from processing transactions for remote gambling operations. comparable to Gibraltar's, and like Gibraltar the UK have The move was seen as a prohibitionist measure taken by the US developed a authorities, a measure that had an immediate impact on the remote modern legislative and gambling industry, with the press reporting shares in remote supervisory framework to gambling companies tumbling over half their market value overnight. regulate the industry. In contrast to the US, the UK Government's approach to remote gambling is comparable to Gibraltar's, and like Gibraltar the UK has developed a modern legislative and supervisory framework to regulate the industry.
The UK Government held an International Governmental Remote Gambling Summit at Ascot on 31 October 2006 attended by high level delegates from over thirty countries, with Gibraltar represented by the Chief Minister. The summit consequently published a communiqué setting out the principal and over-riding priorities of the countries enacting legislation or regulations in relation to remote gambling. These are:
That remote gambling should be conducted responsibly and with safeguards necessary to protect children and vulnerable people;
That remote gambling should be regulated in accordance with generally accepted international standards to prevent fraud, money laundering and other crime, and should not be permitted to be a source of crime;
That, where offered, remote gambling should be verifiably fair to the consumer.
The participants also agreed to actively explore the scope for greater international cooperation in the regulation of remote gambling.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 66 Work Programme
The Gambling Commissioner is in ongoing consultation with the Minister and the Licensing Authority on licensing issues, and regulatory matters, which include issuing Codes of Practice and guidelines to the industry on matters such as the prevention of gambling money laundering and the financing of terrorism, and responsible gambling. The Gambling Commissioner has a legislative requirement to consult the industry on these matters before releasing any Codes or guidelines.
The Gambling Commissioner will continue participating in international events of note, and will continue participating in international regulators forums of repute, such as IAGR and GREF.
The Gambling Commissioner is looking to establish official gateways for the exchange of information with local, as well as international regulators in order to maximise the efficiency of his duties.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 67 Satellite
Satellite Co-ordination Satellite Co-ordination...... 69 World Radiocommunications Conference...... 70 Satcom C4...... 70 SES Americom 30th Anniversary...... 71
Work Programme Work Programme...... 73
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Satellite Co-ordination
The Satellite Division is responsible for looking after the interests of the satellite industry, representing the Gibraltar satellite operator(s) at meetings and ensuring they comply with the ITU Radio Regulations and any other international obligations. satellite
The Satellite Division also assists with the co-ordination of the 21 Gibraltar orbital slots filed through the UK administration (Ofcom) 340 with the ITU. The table below provides an indication of the level of co-ordination requests the GRA have received and sent to the administrations of other countries. In total the Satellite Division has processed 311 our in-house requests for co-ordination and using in-house developed software software has identified 340 have been able to identify 340 new satellite filings that could cause networks that could interfere interference with the SES satellite networks and UK/Gib filings. with Gibraltar filings Received Sent
Australia 56 Canada 97
Brazil 4 China 12
Canada 27 Japan 2
China 2 Luxembourg 52
France 9 Mexico 18
Japan 55 Papa New Guinea 29
Luxembourg 26 The Netherlands 12
Malaysia 12 United Kingdom 30
Mexico 23 United States of America 82 Papua New Guinea 3 Monaco 1
Thailand 2 Pakistan 1
The Netherlands 10 Republic of Korea 1 United Kingdom 2 Russian Federation 2
United States of America 80 United Arab Emirates 1
Total 311 Total 340
* these are the ammended figures after the date of printing as the values were incorrect
Gibraltar Regulatory Authority Annual Report 2006 / 2007 69 Satellite Co-ordination
World Radiocommunications Conference In 2007 the ITU will be holding the World Radiocommunications Conference to review, and, if necessary, revise the Radio Regulations, satellite the international treaty governing the use of the radio-frequency spectrum and the geostationary-satellite and non-geostationary satellite orbits. The UK administration has found it difficult to organise co-ordination meetings with other administrations as many are involved with preparatory work for WRC-07. However, we were able to meet with the Russian Administration and successfully coordinate several of Gibraltar’s networks.
Over the past year the GRA has been working closely with the UK administration, Ofcom which at times has not been as supportive as expected. In March 2007 without liaising with Gibraltar or any of the overseas territories, Ofcom published its new procedures for the management of UK satellites, which are unacceptable to the GRA. Gibraltar has its own procedures, which comply with Gibraltar and international law. The GRA will be assessing the new UK procedures to establish their possible repercussions on Gibraltar’s satellite industry. 105°W
Satcom-C4 drifts into 105°W
Satcom-C4 This year has been marked by the amount of activity in one of our prime UK/Gib orbital locations. In June 2006, SES successfully drifted one of its satellites commercially known as Satcom-C4 into 105°W. Prior to the actual drift and bringing the satellite into service SES Satellites (Gibraltar) Ltd, was granted two licences by the GRA. The first was an Outer Space Act licence under the UK Outer Space Act 1986 as extended to Gibraltar by the Outer Space Act 1986 (Gibraltar) Order 1996. This licence authorised the drift of the Satcom-C4 satellite and its operation on the geostationary orbit at 105°W. The second SES licence was a Teleport Facility Licence (Class II) which authorises SES to provide the required C- band service.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 70 Satellite Co-ordination
Satcom-C4 had been launched in 1992 into 135°W, and was subsequently deployed at 85°W, to provide US and Caribbean coverage. On 27th June 2006 after completing another successful satellite drift manoeuvre it continued to provide reliable C-band service to 50%+ the US from its new and final location at 105°W. In 1998 SES Satellites (Gibraltar) Ltd were granted similar licences to control and operate the AAP-1 satellite, the fist satellite to operate from a UK/Gib filed slot. The AAP-1 satellite is still SES Licence fees account for operational and providing Ku-band coverage of North-East Asia, over 50% of the total Part VI China, the Philippines, and South Asia, including India. licence fees collected. In terms of revenue, all of the licence fees collected from SES Satellites (Gibraltar) Ltd. now account for over 50% of the total revenue collected by the GRA in respect to Part VI licences.
SES Americom 30th Anniversary SES Americom celebrated in 2006 its 30th anniversary of the launch of its first satellite, and what better way to round off the year than by also celebrating the successful launch of another satellite Americom 18 (AMC-18), licensed by Gibraltar.
AMC-18
AMC-18 before being encapsulated on top of the launch vehicle
Gibraltar Regulatory Authority Annual Report 2006 / 2007 71 Satellite Co-ordination
On 8th December 2006 AMC-18 was launched onboard an Arianespace Ariane 5 ECA launch vehicle from the French Guiana Spaceport in Kourou. The spacecraft, an A2100-type satellite built by Lockheed Martin, was launched at 22:08 GMT/UTC and after satellite 32 minutes the Ariane Upper Stage separated and the satellite was placed into geostationary transfer orbit.
Ariane 5
Ariane 5 is closely monitored by the control centre
AMC-18 was launched as a replacement to SATCOM-C4 which had surpassed it expected lifespan of 12 years. AMC-18 was also granted an Outer Space Act licence and the GRA was invited to watch the second SES satellite to be launched into a UK/Gib orbital location.
Ariane 5
Ariane 5 is on the launch pad being fuelled and going through its final checks.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 72 Work Programme
In October 2007 the ITU will be hosting in Geneva the World Radiocommunication Conference 2007 (WRC-07) and the GRA will be attending as part of the UK delegation. Apart from discussing satellite and approving the proposed amendments to the radio regulations, resolutions and recommendations, several key issues will be addressed that could have a direct impact on the frequencies satellites are allowed to operate in the future.
Gibraltar Regulatory Authority Annual Report 2006 / 2007 73 Annex
CEO’s Statement Organisation & Staffing Organigram...... 75
Gibraltar Regulatory Authority Annual Report 2006 / 2007 Annex
Organisation & Staffing Organigram Annex ICT Assistant Gambling Gambling Inspector Gambling Supervisor Supervisor (UK) Head of Satellite Services Frequency International Co-ordinator Administrator Co-ordination Chief Executive Office Officer Administrator Administration & I.T. & I.T. Manager Radiocomms Radiocomms Administrator Head of Regulation Officer these are the ammended figures after the date of printing as the values were incorrect were after the date of printing as values the ammended figures * these are Electronic Communications Data Data Officer Manager Protection Protection
Gibraltar Regulatory Authority Annual Report 2006 / 2007 75