Draft Telecommunications Law (Jersey) Amendment Regulations 202-

STATES OF JERSEY

DRAFT TELECOMMUNICATIONS LAW (JERSEY) AMENDMENT REGULATIONS 202-

Lodged au Greffe on 14th August 2025

by the Minister for Sustainable Economic Development Earliest date for debate: 30th September 2025

STATES GREFFE

2025  P.62/2025

REPORT

The draft Amendment Regulations, if adopted, will amend the Telecommunications (Jersey) Law 2002 (the "Telecommunications Law") in relation to telephone numbers in Jersey.

Background

Jersey is part of the UK National Telephone Numbering Plan ("NTNP") whereby geographic numbers and mobile numbers are distinguished by their prefix code. In Jersey, fixed numbers start with 01534 and mobile numbers start with +44.

Telecommunications providers in Jersey have long used UK telephone numbers and since 2003, OFCOM (the UK communications regulator) has been responsible for the allocation of telephone numbers in Jersey and telecommunications providers with a telecommunications licence in Jersey, have applied directly to OFCOM for any telephone number allocation.

At the end of 2024, OFCOM discovered that there was no legal basis for its long-standing practice of  allocating  telephone  numbers  in  Jersey  (and  the  other  Crown  Dependencies).  OFCOM communicated this and made clear that OFCOM is unable to further allocate telephone numbers in Jersey until this legal basis is put in place.

This poses significant telecommunications service and security risks in Jersey. Without the necessary legal framework, OFCOM and the Jersey Competition Regulatory Authority (the "JCRA") cannot enforce new security requirements regarding the use of +44 numbers, potentially allowing Jersey providers to engage in activities harmful to the security interests of Jersey and the UK.

Furthermore,  the  inability  to  allocate  new  telephone  numbers  is  likely  to  disrupt  critical telecommunications infrastructure projects, such as network transformation programmes and the launch of services, such as the expected launch of the Co-op mobile service, both of which require further telephone number allocations.

The Draft Amendment Regulations

The Amendment Regulations amend the Telecommunications Law to give functions to OFCOM in relation to telephone numbers in Jersey. They also give functions to the JCRA in relation to telephone numbers in Jersey, and they make some other, minor amendments.

There are two key articles (Article 46B and Article 46C), proposed in the Amendment Regulations that provide OFCOM and the JCRA with functions in relation to telephone numbers and address the issues set out in the Background of this Report.

Article 46B provides OFCOM with a clear and simple power to allocate, manage and withdraw telephone numbers in Jersey. Article 46B also requires the JCRA and OFCOM to together determine the procedures relating to telephone numbers in Jersey, including but not limited to the allocation,  management  and  withdrawal  of  telephone  numbers.  These  procedures  must  be submitted  to  the  Minister  for  Sustainable  Economic  Development  for  approval  and  once approved, must be published.

Article 46C provides the JCRA with equivalent powers in Jersey, to those that OFCOM has in the UK, under Section 59 of the Communications Act 2003 (the "UK Act"). The powers enable the JCRA to impose telephone numbering conditions on persons that are not telecommunications providers in Jersey to address security risks from the use of telephone numbers as Global Titles by third parties (those who are not licensed telecommunications providers in Jersey). Global Titles are numbers that are used as unique network addresses and are used to route signalling messages within and between telecommunications networks. Telephone numbers, used as Global Titles, are used solely for this purpose and are not assigned to end users.

The JCRA already has the power to impose conditions on licensed telecommunications providers in Jersey and Article 46C provides the JCRA with the power to impose equivalent telephone numbering conditions on persons that are not telecommunications providers in Jersey.

If adopted, the Amendment Regulations will provide the legal basis for the long-standing practice of telephone number allocation and telephone numbering functions in Jersey and support the continued availability, reliability and security of Jersey's telecommunications networks and services.

Development and Consultation

There has been extensive engagement with stakeholders and expert advice has been sought throughout the policy making and legislative drafting process. In particular, close engagement with OFCOM and the JCRA, to understand the issues raised, determine the right policy approach and draft the appropriate Amendment Regulations to address the issues.

Jersey telecommunications providers have also been consulted throughout the process to ensure that their requirements relating to telephone numbers are well understood, to ensure that the draft Amendment Regulations deliver on those requirements and that they function as intended and as expected.

As the telephone numbering issue affects all of the Crown Dependencies, the Government of Guernsey and the Isle of Man Government have been part of the engagement process. All three Crown Dependency Governments agreed that this issue was a priority to address and will put in place the appropriate solution. The Crown Dependencies each has its own unique legislative environment and so the practical solutions may differ.

Financial and staffing implications

There are no financial and staffing implications for the States of Jersey arising from the adoption of the draft Amendment Regulations, as the Amendment Regulations simply seek to put what is a matter of custom and practice into law.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.

Draft Telecommunications Law (Jersey) Amendment Regulations 202-  Explanatory Note

EXPLANATORY NOTE

These Regulations, if adopted, will amend the  Telecommunications (Jersey) Law 2002 (the "Telecommunications Law") in relation to telephone numbers in Jersey.

Under sections 56 to 63 of the Communications Act 2003 of the United Kingdom (the "UK Act"), the Office of Communications ("OFCOM") has functions in relation to the allocation of telephone numbers in the United Kingdom. Those sections of the UK Act have not been extended to Jersey. But section 1(2) of the UK Act allows Jersey legislation to confer functions on OFCOM in relation to telephone numbers in Jersey.

These Regulations amend the Telecommunications Law to give functions to OFCOM in relation to telephone numbers in Jersey. They also give functions to the Jersey Competition Regulatory Authority (the "JCRA") in relation to telephone numbers in Jersey, and they make some other, minor, amendments.

Regulation 1 states that this Law amends the Telecommunications Law.

Regulations 2 and 4 make minor consequential amendments to, respectively, Articles 1 and 24ZG in relation to the definition "OFCOM".

Regulation 3 makes a minor amendment to Article 24A, which is the interpretation provision for Part 5A (security of public electronic communications networks and services), to clarify what is meant by a service that is made available to the public.

Regulation 5 inserts a new Part 8A, "Functions of Authority and OFCOM in relation to telephone numbers" (new Articles 46A to 46D).

New Article 46A contains definitions relevant to Part 8A, and states that Part 8A gives functions to OFCOM in relation to telephone numbers in Jersey.

OFCOM allocates telephone numbers in the United Kingdom in accordance with the National Telephone Numbering Plan (which is defined in section 56 of the UK Act). New Article 46B gives OFCOM the function of allocating telephone numbers in Jersey in accordance with the National Telephone Numbering Plan. It also gives OFCOM the functions of managing and withdrawing the allocation of telephone numbers in Jersey. OFCOM can impose telephone numbering conditions on communications providers in the United Kingdom under sections 57 and 58 of the UK Act. (The JCRA can impose conditions on communications providers in Jersey, by way of licence conditions, under Article 16 of the Telecommunications Law.)

New Article 46B also requires the JCRA and OFCOM together to determine procedures that are relevant to the exercise of their respective functions in relation to telephone numbers in Jersey. Those procedures must be submitted to the Minister for Sustainable Economic Development for approval, and must then be published.

Under section 59 of the UK Act, OFCOM can impose telephone numbering conditions on persons that are  not communications  providers.  New Article 46C gives the JCRA a corresponding function in Jersey, and enables the JCRA to enforce compliance by way of civil proceedings.

New Article 46D allows the States by Regulations to amend Part 8A to make further or different provision about the functions of the JCRA and OFCOM in relation to telephone numbers in Jersey.

Regulation 6 gives the name of these Regulations and provides for them to come into force 7 days after they are made.

Draft Telecommunications Law (Jersey) Amendment Regulations 202-  Contents

DRAFT TELECOMMUNICATIONS LAW (JERSEY) AMENDMENT REGULATIONS 202-

Contents

Regulation

1 Telecommunications (Jersey) Law 2002 amended ........................................................ 6 2 Article 1 (interpretation) amended ............................................................................... 6 3 Article 24A (interpretation of Part 5A) amended .......................................................... 6 4 Article 24ZG(1)(f) (power of Minister and Authority to disclose documents and

information obtained under Part 5A) substituted ......................................................... 6 5 Part 8A (functions of Authority and OFCOM in relation to telephone numbers)

inserted .......................................................................................................................... 6 6 Citation and commencement ........................................................................................ 8

DRAFT TELECOMMUNICATIONS LAW (JERSEY) AMENDMENT REGULATIONS 202-

Made  [date to be inserted] Coming into force  [date to be inserted]

THE STATES make these Regulations under Article 57 of the Telecommunications (Jersey) Law 2002 –

1  Telecommunications (Jersey) Law 2002 amended

These Regulations amend the Telecommunications (Jersey) Law 2002. 2  Article 1 (interpretation) amended

In Article 1, after the definition "modify" there is inserted –

"OFCOM" means the Office of Communications established under the Office of Communications Act 2002 of the United Kingdom;

3  Article 24A (interpretation of Part 5A) amended

In Article 24A, after paragraph (1) there is inserted –

(1A)  For  the  purposes  of  the  definitions  "public  electronic  communications

network" and "public electronic communications service" in paragraph (1), a service is made available to members of the public if members of the public are customers, in respect of that service, of the provider of that service.

4  Article 24ZG(1)(f) (power of Minister and Authority to disclose documents and

information obtained under Part 5A) substituted

For Article 24ZG(1)(f) there is substituted –

(f)  to OFCOM;

5  Part 8A (functions of Authority and OFCOM in relation to telephone numbers)

inserted

After Article 46 there is inserted –

PART 8A

FUNCTIONS OF AUTHORITY AND OFCOM IN RELATION TO TELEPHONE NUMBERS

46A  Interpretation and operation of this Part

1. In this Part –

"Communications Act" means the Communications Act 2003 of the United Kingdom;

"National Telephone Numbering Plan" has the meaning given in section 56 of the Communications Act;

"telephone  number"  has  the  meaning  given  in  section 56(5)  of  the Communications Act.

2. This Part gives functions to OFCOM in relation to telephone numbers in Jersey in accordance with section 1(2) of the Communications Act.

46B  Allocation of telephone numbers by OFCOM

1. OFCOM may –

1. allocate telephone numbers in Jersey in accordance with the National Telephone Numbering Plan;
2. take the steps it considers necessary or expedient to manage telephone numbers in Jersey; and
3. withdraw the allocation of telephone numbers in Jersey.

2. The Authority and OFCOM must together determine procedures relating to telephone numbers in Jersey, including but not limited to the allocation, management and withdrawal of telephone numbers.
3. The Authority and OFCOM must submit the procedures determined under paragraph (2) to the Minister for approval.
4. The Authority and OFCOM must –

1. publish the procedures approved by the Minister; and
2. exercise their functions in relation to telephone numbers in Jersey in accordance with the published procedures.

46C  Conditions binding non-providers

1. The Authority may impose the conditions described in paragraph (2) on a person who –

1. is  not  a  communications  provider  (within  the  meaning  given  in Article 24A(1)); and
2. applies for the allocation of a telephone number, or is allocated a telephone number.

2. The conditions are the conditions that OFCOM may impose in the United Kingdom under section 59(1) and (2) of the Communications Act.
3. A person on whom a condition is imposed under paragraph (1) must comply with that condition.

4. The Authority may enforce the duty under paragraph (3) in civil proceedings –
   1. for an injunction; or
   2. for any other appropriate remedy or relief.
5. But paragraph (4) does not apply in the case of a person against whom the obligations contained in a condition are enforceable under Article 19, 19A or 20 by virtue of the person having become a communications provider.

46D  Power to amend this Part by Regulations

The States may by Regulations amend this Part to make further or different provision about the functions of the Authority and OFCOM in relation to telephone numbers in Jersey.

6  Citation and commencement

These Regulations may be cited as the Telecommunications Law (Jersey) Amendment Regulations 202- and come into force 7 days after they are made.