Statutory Instruments
Electronic Communications
Made
20th April 2021
Coming into force
12th May 2021
The Office of Communications (“OFCOM”), makes the following Regulations in exercise of the powers conferred by sections 8(3) and 122(7) of the Wireless Telegraphy Act 2006(1) (“the Act”).
Before making these Regulations, OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.
1. These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2021 and shall come into force on 12th May 2021.
2. In these Regulations—
“the Act” means the Wireless Telegraphy Act 2006; and
“GHz” means gigahertz.
3. The Regulations specified in the Schedule are revoked to the extent specified.
4. The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with an interface requirement which forms part of the publication “IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices”, published by OFCOM in April 2021 is exempt from the provisions of section 8(1) of the Act, if—
(a)it does not cause or contribute to any undue interference to any wireless telegraphy; and
(b)in cases where the interface requirement does not state that airborne use is permitted, use is not airborne.
5. The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the interface requirements which form part of the publication “IR 2078 – UK Interface Requirement 2078, Fixed Wireless Systems in the frequency band 57.1 to 70.875 GHz”, published by OFCOM in November 2018, is exempt from the provisions of section 8(1) of the Act if—
(a)it does not cause or contribute to any undue interference to any wireless telegraphy;
(b)use is not airborne; and
(c)any stations or apparatus operating in the frequency band 59 to 63.9 GHz are not established, installed or used within six kilometres of any of the following locations (expressed by latitude and longitude coordinates)—
(i)07° 23’ 36.6” W, 57° 21’ 3.6” N;
(ii)04° 58’ 21” W, 51° 37’ 16.8” N; and
(iii)00° 36’ 22.8” W, 52° 38’ 1.8” N.
6. The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the interface requirements which form part of the publication “IR 2066 – UK Interface Requirement 2066, High Density Fixed Satellite Service Systems”, published by OFCOM in January 2018, is exempt from the provision of section 8(1) of the Act, if—
(a)it does not cause or contribute to any undue interference to any wireless telegraphy; and
(b)use is not airborne.
7. The use of wireless telegraphy apparatus in the frequency band 406 to 406.1 megahertz complying with the interface requirements which form part of the publication “IR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land (December 2011)”, published by OFCOM in December 2011, is exempt from the provisions of section 8(1) of the Act, if—
(a)it does not cause or contribute to any undue interference to any wireless telegraphy;
(b)use is not airborne; and
(c)it is not used on board a ship.
8. The use of wireless telegraphy apparatus complying with the interface requirements which form part of the publication “IR 2093 – UK Interface Requirement 2093 Earth Stations on Mobile Platforms (ESOMPs)”, published by OFCOM in February 2014, is exempt from the provisions of sections 8(1) of the Act, if—
(a)it does not cause or contribute to any undue interference to any wireless telegraphy;
(b)it is not used on board an aircraft and use is not otherwise airborne; and
(c)it is not used on board a ship.
9. The use of wireless telegraphy apparatus complying with the interface requirements which forms part of the publication “IR 2027.2 – UK Radio Interface Requirement 2027.2 for AM/SSB and DSB use in the Citizens’ Band Radio Service”, published by OFCOM in June 2014, is exempt from the provisions of section 8(1) of the Act, if it does not cause or contribute to any undue interference to any wireless telegraphy.
Philip Marnick
Group Director, Spectrum Group
Office of Communications
20th April 2021
Regulation 3
| Regulations | References | Extent of revocation |
|---|---|---|
| Wireless Telegraphy (Exemption and Amendment) Regulations 2010 | S.I. 2010/2512 | Regulation 4 |
| Regulation 5 | ||
| Regulation 6 | ||
| Regulation 7 | ||
| Regulation 8 | ||
| Regulation 9 | ||
| Regulation 10 | ||
| Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2011 | S.I. 2011/3035 | The whole Regulations |
| Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2013 | S.I. 2013/1253 | The whole Regulations |
| Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2014 | S.I. 2014/1484 | The whole Regulations |
| Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2017 | S.I. 2017/746 | The whole Regulations |
| Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2018 | S.I. 2018/263 | Regulation 2 |
| Regulation 3(2) | ||
| Wireless Telegraphy (Exemption and Amendment)(Amendment)(No.2) Regulations 2018 | S.I. 2018/1140 | The whole Regulations |
| Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2020 | S.I. 2020/549 | The whole Regulations |
(This note is not part of the Regulations)
These Regulations introduce new provisions and consolidate existing legislation which exempts the establishment, installation and use of certain radio equipment which comply with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c. 36).
Regulation 4 exempts the establishment, installation and use of short-range devices, subject to certain terms and limitations set out in the new Interface Requirements published in 2021.
These Regulations also consolidate existing legislation by revoking previous regulations (the revocation is in regulation 3) and by exempting (in regulations 5 to 9) the establishment, installation and use of fixed wireless systems, high-density fixed satellite service systems, personal locator beacons, earth stations on mobile platforms, and citizens’ band radio equipment, which comply with certain technical requirements, from the requirement to be licenced under section 8(1) of the Wireless Telegraphy Act 2006 (c 36).
Technical requirements are set out in Interface Requirement documents. The Interface Requirements are published by OFCOM and available from OFCOM’s website at https://www.ofcom.org.uk or from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA.
A full regulatory impact assessment of the effect that these Regulations will have on costs to business is available to the public from OFCOM’s website at https://www.ofcom.org.uk or from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA. Copies of the assessment have also been placed in the libraries of both Houses of Parliament.
2006 c. 36. Section 8(3) and section 122(7) were extended to the Bailiwick of Guernsey by Article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3324); and to the Isle of Man by Article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278).