The Wireless Telegraphy (Exemption) (Amendment) Regulations 2002

Statutory Instruments

2002 No. 1590

TELEGRAPHS

The Wireless Telegraphy (Exemption) (Amendment) Regulations 2002

Made

17th June 2002

Laid before Parliament

17th June 2002

Coming into force

8th July 2002

The Secretary of State, in exercise of the powers conferred by section 1(1) of the Wireless Telegraphy Act 1949(1) as enacted, and now vested in her(2), and of all other powers enabling her in that behalf, hereby makes the following Regulations—

1.  These Regulations may be cited as the Wireless Telegraphy (Exemption) (Amendment) Regulations 2002 and shall come into force on 8th July 2002.

2.  The Wireless Telegraphy (Exemption) Regulations 1999(3) are hereby amended by inserting the words “With the exception of relevant apparatus operating in the frequency band 2400.0 to 2483.5 MHz” at the beginning of regulation 4(2).

3.  The exemption provided for by the said Regulations in the case of apparatus described in regulation 2 above is subject to the term that it shall comply with UK Radio Interface Requirement 2005 for Wideband transmission Systems operating in the 2.4 GHz ISM Band and Using Spread Spectrum Modulation Techniques, published by the Radiocommunications Agency of the Department of Trade and Industry in March 2000.

Stephen Timms

Minister of State for E-Commerce and Competitiveness,

Department of Trade and Industry

17th June 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Exemption) Regulations 1999 (S.I. 1999/930, as amended by S.I. 2000/1012; “the 1999 Regulations”). The 1999 Regulations exempt “relevant apparatus” (as defined in regulation 3(1) of the 1999 Regulations) from the requirement to be licensed under section 1(1) of the Wireless Telegraphy Act 1949 (c. 49). Regulation 4(2) of the 1999 Regulations excludes certain “relevant apparatus” from the exemption if it provides a telecommunication service by way of business to another person. These Regulations now remove “relevant apparatus” operating in the frequency band 2400.0 to 2483.5 MHz from the exclusion, so that it is exempt from licensing.

However, in order for such apparatus to have the benefit of the licence exemption, it must comply with United Kingdom Radio Interface Requirement 2005 and published by the Radiocommunications Agency of the Department of Trade and Industry in March 2000. A copy of IR 2005 may be obtained from the Agency’s Library at Wyndham House, 189 Marsh Wall, London E14 9SX (Tel: [phone]). IR 2005 is also available on the Agency’s Internet web site: www.radio.gov.uk.

In addition, a full regulatory impact assessment report of the effect that these Regulations would have on the costs to business is available to the public from the Agency’s Library or on the Agency’s Internet web site. Copies of the report have also been placed in the libraries of both Houses of Parliament.

(1)

1949 c. 54; section 1 was extended to the Channel Islands by S.I. 1952/1900, as amended by S.I. 1967/1279 and S.I. 1969/1369, and to the Isle of Man by S.I. 1952/1899. There are amendments to section 1(1) not relevant to these Regulations.

(2)

Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3; S.I. 1969/1371, article 2; and S.I. 1974/691, article 2.

(3)

S.I. 1999/930: the relevant amending instrument is S.I. 2000/1012.