The Wireless Telegraphy (Exemption) (Amendment) Regulations 2006
Citation and commencement1.
These Regulations may be cited as the Wireless Telegraphy (Exemption) (Amendment) Regulations 2006 and shall come into force on 8th December 2006.
Amendment of the Wireless Telegraphy (Exemption) Regulations 20032.
Amendment of regulation 33.
In regulation 3 (interpretation), in paragraph (1)—
(a)
omit the entries that define “authorised person”, “CEPT”, “erp” and “RA”;
(b)
in the definition of “Interface Requirement”, for “RA” substitute “OFCOM”;
(c)
in the definition of “the Radio Regulations”, for “the 2001 edition” substitute “the 2004 edition”;
(d)
in the definition of “relevant apparatus”, for “Schedules 3 to 9” substitute “Schedules 3 to 10”.
Amendment of regulation 44.
“(4)
The exemption provided in the case of relevant apparatus operating in the frequency bands specified in paragraph (3) shall not apply unless such apparatus complies with the appropriate following Interface Requirement—
(a)
in the case of the frequency bands specified at sub-paragraph (a), IR 2005 – UK Radio Interface Requirement for Wideband Transmission Systems operating in the 2.4 GHz ISM Band and Using Wide Band Modulation Techniques, published by OFCOM in November 2006;
(b)
in the case of the frequency bands specified at sub-paragraphs (b) and (c), IR 2006 – UK Interface Requirement 2006 for Wireless Access Systems (WAS) including RLANs operating in the frequency range 5150 – 5725 MHz, published by OFCOM in November 2006;
(c)
in the case of the frequency band specified at sub-paragraph (d), IR 2000 – UK Interface Requirement 2000 for Point-to-Point Radio-Relay Systems Operating in Fixed Service Frequency Bands Administered by OFCOM, published by OFCOM in July 2005.”.
Amendment of regulation 55.
In regulation 5 (terms, provisions and limitations), in paragraph (1)(b), for “unless otherwise stated in Schedule 6” substitute “unless non-terrestrial use is permitted under Part III of Schedule 6”.
Amendment of Schedule 36.
In Schedule 3 (network user stations)—
(a)
in Part III (type of licence granted under section 1(1) of the 1949 Act for the establishment and use of relevant networks), omit paragraph 5;
(b)
“PART IVInterface Requirement
IR 2014 – Public Wireless Networks, published by OFCOM in August 2005.
IR 2017 – Remote Meter Reading Operator Services, published by OFCOM in October 2004.
IR 2019 – Third Generation Mobile, published by OFCOM in June 2005.
IR 2044 – 12.5 kHz And 25 kHz Channel spacing for Land Mobile Services, Covering CBS, Analogue PAMR, National Paging, Data Networks, TETRA/TEDS Networks, and National & Regional PMBR Authorisations, published by OFCOM in November 2006.”.
Amendment of Schedule 47.
In Schedule 4 (cordless telephone apparatus)—
(a)
in Part I (interpretation) omit the entry that defines “data message”;
(b)
“IR 2011 – UK Interface Requirement 2011 Analogue and digital cordless telephony service, published by OFCOM in June 2005.”.
Amendment of Schedule 58.
“IR 2016 – UK Radio Interface Requirement for Land Mobile Satellite Systems, published by OFCOM in April 2006.”.
Amendment of Schedule 69.
In Schedule 6 (short range devices), in Part III (interface requirement) for “published by RA in October 2002” substitute “published by OFCOM in November 2006”.
Amendment of Schedule 810.
“IR 2000 – UK Interface Requirement 2000 for Point-to-Point Radio-Relay Systems Operating in Fixed Service Frequency Bands Administered by OFCOM, published by OFCOM in July 2005.”.
Amendment of Schedule 911.
(1)
For the heading to Schedule 9 substitute the heading “Wireless Access Systems including Radio Local Area Networks”.
(2)
In Part I (interpretation), for “radio local area network (RLAN) apparatus” substitute “apparatus providing wireless access systems including radio local area networks”.
(3)
“IR 2005 - UK Interface Requirement for Wideband Transmission Systems operating in the 2400 – 2483.5 MHz Band, published by OFCOM in November 2006.
IR 2006 - UK Interface Requirement 2006 for Wireless Access Systems (WAS) including RLANs operating in the frequency range 5150 – 5725 MHz, published by OFCOM in November 2006.”.
Addition of Schedule 1012.
“SCHEDULE 10CITIZENS’ BAND RADIO EQUIPMENT
PART IInterpretation
In this Schedule “prescribed apparatus” means apparatus described in the Interface Requirement referred to in Part III of this Schedule.
PART IIAdditional Terms, Provisions and Limitations
The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.
PART IIIInterface Requirement
UK Radio Interface Requirement 2027 – UK Radio Interface Requirement 2027 for Citizens’ Band (CB) radio for use in the Citizens’ Band Radio Service, published by OFCOM in November 2006.”.
These Regulations amend the Wireless Telegraphy (Exemption) Regulations 2003 (“the principal Regulations”) to widen the classes of wireless telegraphy apparatus whose establishment, installation and use are exempted from the provisions of section 1(1) of the Wireless Telegraphy Act 1949 (“the 1949 Act”). Section 1(1) of the 1949 Act requires a licence to be granted by OFCOM for these purposes, except where exemptions are prescribed by regulations. The Schedules to the principal Regulations prescribe the apparatus to which the exemptions apply, subject to the prescribed additional terms, provisions and limitations.
Both the principal Regulations and these Regulations do not specify the detailed technical requirements directly, but instead refer to published interface requirements (IRs) where those technical requirements are fully set out.
Regulations 3, 4 and 5 make minor drafting and updating changes to, respectively, regulations 3, 4 and 5 of the principal Regulations.
Regulations 6, 7 and 10 make minor drafting and updating changes to, respectively, Schedules 3, 4 and 8 to the principal Regulations.
Regulation 8 amends Part III (interface requirement) of Schedule 5 to the principal Regulations (land-mobile satellite service stations) to refer to the updated IR 2016, which makes provision for Inmarsat BGAN terminals.
Regulation 9 amends Part III (interface requirement) of Schedule 6 to the principal Regulations (short range devices) to refer to the updated IR 2030, which makes provision for “micro” FM transmitters designed to facilitate easy connection between audio sources and normal FM broadcast receivers, and makes provision for radar level gauges. These amendments also ensure compliance with Commission Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (OJ No L 312, 11,11,2006 p. 66) and Commission Decision 2005/928/EC on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community (OJ No L 344, 27,12,2005 p. 47) with regard to harmonisation of the low power part of the 169.4 – 169.8125 MHz frequency band in the Community.
Regulation 11 amends Schedule 9 to the principal Regulations, to implement the changes that are required to ensure compliance with the Commission Decision 2005/513/EC on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (OJ No L 187, 19,7,2005, p 22). Part III of the Schedule (interface requirement) is amended to refer to the updated IR 2005 and IR 2006.
Regulation 12 adds Schedule 10 to the principal Regulations. Schedule 10 provides for Citizens’ Band Radio Equipment as defined in Part III of the Schedule (which specifies UK Radio Interface Requirement 2027) to be exempt from the licensing requirement.
Copies of the Interface Requirements referred to in these Regulations may be obtained from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and available on the OFCOM website at http://www.ofcom.org.uk.
A full regulatory impact assessment and report of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the OFCOM internet website at http://www.ofcom.org.uk. Copies of the regulatory impact assessment have also been placed in the libraries of both Houses of Parliament.