The Telecommunications Terminal Equipment Regulations 1992

Terminal equipment

4.—(1) Subject to paragraphs (2) and (3) below, a reference to terminal equipment is a reference to connectable equipment, that is to say, equipment intended to be connected to the public telecommunications network, that is to say—

(a) to be connected directly to the termination of a public telecommunications network; or

(b) to interwork with a public telecommunications network being connected directly or indirectly to the termination of a public telecommunications network,

in order to send, process or receive information; and for purposes of these Regulations, equipment shall, subject to paragraphs (4) to (6) below, be taken to be intended for connection to a public telecommunications network if it is designed so as to be capable of such connection.

(2) Terminal equipment (other than equipment excluded from the scope of these Regulations by regulation 6(3) and (4) below) shall, subject to paragraphs (3), (4) and (6) of this regulation, be applicable terminal equipment.

(3) Terminal equipment in respect of which no common technical regulation is in force shall not be applicable terminal equipment; and for the purposes of these Regulations, a common technical regulation shall not be taken to be in force in respect of any terminal equipment, until the date specified in it from which it shall be applied.

(4) Terminal equipment other than equipment which makes use of a system of communication employing the radio frequency spectrum which would, except for the operation of this paragraph, be applicable terminal equipment, shall not be applicable terminal equipment if—

(a) the requirements of regulation 12 (relating to the intended purpose declaration) have been complied with; and

(b) the intended purpose of the equipment does not involve connection to a public telecommunications network, and for the purposes of this sub-paragraph, the intended purpose of the equipment shall be justified having regard to all the circumstances, and, without prejudice to the generality of the foregoing, in particular to—

(i) its relevant technical characteristics;

(ii) its functions; and

(iii) indications of the market segment it is intended for,

and equipment which is not applicable terminal equipment pursuant to this paragraph is referred to in these Regulations as “connection-capable equipment”.

(5) Subject to paragraph (6) below, terminal equipment which makes use of a system of communication employing the radio frequency spectrum shall for the purposes of these Regulations be taken to be intended for connection to a public telecommunications network and accordingly shall, save as provided by paragraph (3) of this regulation and regulation 6(3) and (4) below, be taken to be applicable terminal equipment.

(6) Where equipment employing the radio frequency spectrum is designed to be capable of connection to a public telecommunications network if an adjustment were made thereto or a blocking mechanism were unblocked, that equipment shall not be regarded as applicable terminal equipment pursuant to paragraph (5) above unless such adjustment is made or such mechanism is unblocked, as the case may be, and equipment which is not applicable terminal equipment pursuant to this paragraph is referred to in these Regulations as “radio connection-capable equipment”.