The Wireless Telegraphy (Exemption) Regulations 1999

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 1999 and shall come into force on 19th April 1999.

Revocation

2.  The Regulations set out in Schedule 1 are hereby revoked.

Interpretation

3.—(1) In these Regulations–

“the 1949 Act” means the Wireless Telegraphy Act 1949;

“the 1984 Act” means the Telecommunications Act 1984;

“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus as described in Part III of Schedule 6;

“authorised person” means any person authorised by the Secretary of State for the purpose of regulation 6;

“CEPT” means the European Conference of Postal and Telecommunications Administrations(1);

“Common Technical Regulation (CTR)” shall be construed in accordance with regulation 3(3) of the Telecommunications Terminal Equipment Regulations 1992(2);

“eirp” means equivalent isotropically radiated power, as defined in the Radio Regulations;

“erp” means effective radiated power, as defined in the Radio Regulations;

“EN45001 and EN45002” means European Standards (Normes Européenne) EN45001 and EN45002 published in September 1989 by the British Standards Institution;

“ETSI” means the European Telecommunications Standards Institute(3);

“ISO guides 25 and 58” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in 1990 and 1993 respectively;

“national administration” means the national administration of a country listed in Schedule 2;

“public switched telephone network” means a public telecommunication system by means of which two-way voice telephony services are provided whereby messages are switched incidentally to their conveyance;

“the Radio Regulations” means the 1998 edition of the Radio Regulations made under Article 13 of the Constitution of the International Telecommunication Union(4);

“relevant apparatus” means the prescribed apparatus as defined in Schedules 3 to 7 hereto;

“station” means a station for wireless telegraphy; and

“test laboratory” means a test laboratory which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002.

(2) In these Regulations, “connected”, “convey”, “telecommunication apparatus”, “telecommunication service” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act, and “public telecommunication system” shall be construed in accordance with section 9(1) of the 1984 Act.

Exemption

4.—(1) Subject to regulation 5, the establishment, installation and use of the relevant apparatus are hereby exempted from the provisions of section 1(1) of the 1949 Act.

(2) The exemption in paragraph (1) shall not apply to relevant apparatus which is established, installed or used to provide or to be capable of providing a wireless telephony link between telecommunication apparatus, or a telecommunication system, and a public switched telephone network, by means of which a telecommunication service is provided by way of business to another person.

Terms, provisions and limitations

5.—(1) The exemption provided for in these Regulations shall be subject to the terms, provisions and limitations that–

(a) the relevant apparatus shall not cause or contribute to any undue interference to any wireless telegraphy; and

(b) frequency bands relating to the relevant apparatus are for terrestrial use only, unless otherwise stated in Schedule 6.

(2) Such exemption shall also be subject to such additional terms, provisions and limitations as are specified in the Schedules hereto in respect of the relevant apparatus.

Inspection and restrictions on use

6.—(1) Where an authorised person has reasonable cause to believe that any relevant apparatus is not complying with regulation 5, any person who is in possession or control of the relevant apparatus shall, on the demand of that authorised person–

(a) permit and facilitate its inspection by that authorised person; and

(b) cause its use to–

(i) cease; or

(ii) be restricted in the manner specified by that authorised person,

for a period of time ending either on a date or on the occurrence of an event specified by that authorised person.

(2) Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the relevant apparatus.

Parliamentary Under Secretary of State for Small Firms, Trade and Industry,

Department of Trade and Industry

Michael Wills

22nd March 1999