The Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect to EU obligations of the United Kingdom contained in the Commission Decision of 7th April 2008 on harmonised conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services) in the Community (OJ No L 98 10.4.2008, p. 19).

These Regulations exempt the use of any wireless telegraphy apparatus which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). The apparatus must be on board an aircraft which is registered in the United Kingdom and the exemption applies when the aircraft is flying over the United Kingdom or UK territorial sea, or, for the time being, beyond the United Kingdom and the UK territorial sea (Regulation 3).

The terms, provisions and limitations include requirements that the apparatus complies with the European Telecommunications Standards Institute (“ETSI”) GSM standard EN 301 511 (Regulation 4(1)). The apparatus must only be used when the aircraft is three thousand metres or more above the ground (Regulation 4(3)(b)). Further technical requirements are also specified in regulation 4.

The ETSI standards are available to the public from ETSI on their website at http://www.etsi.org or from the ETSI Secretariat at 650 Route des Lucioles, 06921 Sophia-Antipolis Cedex, France (Tel: [phone]).

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from OFCOM’s website at http://www.ofcom.org.uk or from the OFCOM library at Riverside House, 2A Southwark Bridge Road, London SE1 9HA (Tel: [phone]). Copies of this assessment have also been placed in the libraries of both Houses of Parliament.