Annual Report 2020/2021
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GIBRALTAR REGULATORY AUTHORITY ANNUAL REPORT GRA 2020/2021 GIBRALTAR REGULATORY AUTHORITY www.gra.gi Table of Contents CHIEF EXECUTIVE OFFICER’S STATEMENT .............5 ELECTRONIC COMMUNICATIONS ...........................9 Introduction ............................................................................10 International Participation .................................................10 Regulatory Matters ...............................................................13 RADIO COMMUNICATIONS ...................................21 Introduction ............................................................................22 International Coordination and Participation .............22 Regulatory Matters ...............................................................23 INFORMATION RIGHTS ..........................................27 Introduction ............................................................................28 International Participation .................................................28 Regulatory Matters ...............................................................31 BROADCASTING .....................................................43 Introduction ............................................................................44 International Participation .................................................44 Regulatory Matters ...............................................................45 POSTAL SERVICES ..................................................47 Introduction ............................................................................48 Regulatory Matters ...............................................................48 HIGHER EDUCATION REGULATION .......................55 Introduction ............................................................................56 Regulatory Matters ...............................................................56 CYBER SECURITY COMPLIANCE ............................59 Introduction ............................................................................60 International Participation .................................................60 Regulatory Matters ...............................................................60 3 4 CEO STATEMENT 5 Introduction Electronic and, consequently, the local Communications electronic communications sector has shown further signs of The Electronic Communications improvement and innovation. This Annual Report of the Division regulates, supervises, Gibraltar Regulatory Authority and enforces compliance In December 2020, Her Majesty’s (“the GRA”) is prepared in with conditions and specific Government of Gibraltar (the accordance with section 19(1) obligations imposed upon “Government”) implemented a of the Gibraltar Regulatory providers of electronic new legislative package which Authority Act 2000 (“the Act”) communications networks and/ included amendments to the and covers the period 1st April or services. It engages with Communications Act 2006 and 2020 to 31st March 2021. electronic communications its subsidiary legislation. The providers and ensures they Division is currently familiarising meet the regulatory and legal itself with the changes and will consult with the communications Gibraltar Regulatory standards while continuously assessing the levels of industry as required. Authority Act 2000 competition in the electronic The Division will continue In accordance with section 3 of communications market. supervising and monitoring the Act, the GRA Board consists During this reporting period, the electronic communications of the GRA’s Chief Executive the electronic communications markets in accordance with its Officer and the Deputy Chief sector found itself at the centre functions and objectives and Executive Officer, and three of a world-wide pandemic which improve its regulatory oversight appointed members, namely Mr had a tremendous global impact to the benefit of consumers. Anthony Provasoli, Mr Kieran on the public and businesses Power and Mr Francis Lopez. alike. With many people working The Chief Executive Officer is the from home due to the lockdown Radio Communications Chairman of the GRA. restrictions, the demand for communications services during The Spectrum and Operations non-peak periods increased with Division deals with all matters Organisation and Staffing little warning. relating to the electro-magnetic spectrum, radiocommunications, The GRA has a total staff of The rise in demand for satellite and international twenty-seven and is divided into communications services posed coordination, as well as internal Divisions, each with their own challenges of an unprecedented ICT and facilities management. It structure and responsibilities. The nature. The Division could do is responsible for administering work carried out by the Divisions little to relieve these difficulties, the regulatory provision of is briefly summarised below. however, they reached out the satellite services industry to local providers and gave and represents the Gibraltar- them an opportunity to raise based operator SES Satellites any concerns or issues they COVID-19 (Gibraltar) Limited (“SES-G”) encountered throughout this at international meetings and The COVID-19 pandemic affected period. forums and ensures compliance the way the GRA operated with the International Despite the disruption, the throughout the year 2020/2021. Telecommunication Union local telecommunications With lockdown restrictions Radio Regulations and all other market continues to grow. imposed both locally and abroad, international obligations. End-users are enjoying a hosting live workshops, travelling large range of electronic abroad for conferences, and As part of its remit under Part communications services holding face-to-face meetings, VI of the Communications Act from several providers and at were not possible. Nevertheless, 2006, the GRA is responsible a variety of price points which the GRA managed to adapt, and for the management and range from high value, multi- the Divisions have addressed control of the electro-magnetic service bundles, to premium how they each dealt with the spectrum. Amongst its duties, ultra-high-speed offerings. disruption of COVID-19 under the Division carries out regular The effects of competition are their respective sections. site inspections of sites known now being felt more than ever to emit radio waves, with a view 6 of ensuring they operate within Consequently, organisations Broadcasting recognised safe guidelines. The within the EU are required to Division is also responsible for implement measures before The role and duties that govern the management and allocation data is transferred to Gibraltar, the Broadcasting Division are of frequencies, which extends to thereby affecting the flow of contained in the Broadcasting those used by mobile operators data between the jurisdictions. Act 2012. The Division’s for the provision of mobile voice main responsibilities are to and data services. The 2020/2021 period has been grant and enforce licences to an important year for the Division, broadcasters, regulate matters Due to difficulties posed by in particular, because of the work on broadcasting standards, issue the pandemic, the scheduled undertaken as a result of the Codes of Practice and encourage Satellite Coordination Meeting UK’s exit from the EU. Due to the the promotion of media literacy. did not take place this year, changes in the law, the Division however, a virtual meeting was invested a significant amount The Division does not only license held between the Division, of its resources in responding and regulate Gibraltar-based Ofcom and SES-G in June 2020 to to incoming enquiries, raising broadcasters, but also provides discuss the Annual Development public awareness, and providing guidance to consumers and Plan update for the SES-G guidance to help organisations other users of the broadcasting satellite filings. The updated plan ensure compliance with the services in Gibraltar. was reviewed and approved by Gibraltar and EU GDPR. The Division continued to the Division prior to discussions deliver its Media Literacy with Ofcom. In response to the change in regime, the Division published Awareness Campaign despite Brexit-related guidance and the disruption caused by the held dedicated Brexit-related COVID-19 pandemic, which Information Rights workshops in the second half put the campaign on hold of 2020. The information and temporarily. The latter part of The Information Rights Division guidance notes were published 2020 saw the resumption of the regulates data protection on the GRA’s website and social campaign where the event was and will regulate freedom of media platforms. held virtually for all students information when the relevant aged 14-15. legislation is commenced. In addition, the Division introduced the use of short Despite the difficulties associated The Data Protection Act 2004 videos in its communications with video conferencing, the and the Gibraltar General Data and engagement strategy. The campaign was successful, and Protection Regulation (“Gibraltar use of video is expected to help the feedback received was GDPR”), which came into force attract greater attention to the extremely positive. on 1st January 2021, provide guidance published by the a comprehensive and modern Division. As in previous years, framework for data protection the Division has continued to in Gibraltar. The legislation Postal Services respond to public concerns and provides a set of principles that has enhanced its awareness- The Postal