The Wireless Telegraphy (Exemption) (Amendment) Regulations 2013

Statutory Instruments

2013 No. 1254

Electronic Communications

The Wireless Telegraphy (Exemption) (Amendment) Regulations 2013

Made

3rd June 2013

Coming into force

26th June 2013

The Office of Communications (“OFCOM”), in exercise of the powers conferred by section 8(3) of the Wireless Telegraphy Act 2006(1) (“the Act”), make the following Regulations.

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 that notice in accordance with section 122(4)(c) of the Act.

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Exemption) (Amendment) Regulations 2013 and shall come into force on 26th June 2013.

Amendment of the Wireless Telegraphy (Exemption) Regulations 2003

2.—(1) The Wireless Telegraphy (Exemption) Regulations 2003(2) are amended in accordance with the following paragraphs of this regulation.

(2) In Schedule 3, Part III, paragraph 3,—

(a) in sub-paragraph (d) (Long term evolution radiotelephones (LTE)) after the entry “1805–1880MHz” in the list of frequency bands, insert the following entries—

• “791–821 MHz

• 832–862 MHz

• 1920–1980 MHz

• 2110–2170 MHz

• 2500–2690 MHz”; and

(b) in sub-paragraph (e) (Worldwide interoperability for microwave access radiotelephones (WiMax)) after the entry “1805–1880MHz” in the list of frequency bands, insert the following entries—

• “791–821 MHz

• 832–862 MHz

• 1920–1980 MHz

• 2110–2170 MHz

• 2500–2690 MHz”.

(3) In Schedule 3, Part IV (interface requirement), after the entry for “IR 2085 – UK Interface Requirement 2085 London 2012 Games Tetra Network (Apollo), published by the Office of Communications in December 2011” insert the following entries—

• “IR 2090 – UK Interface Requirement 2090 Terrestrial systems capable of providing electronic communications services in the 800 MHz band, published by the Office of Communications in March 2013.

• IR 2092 – UK Interface Requirement 2092 Terrestrial systems capable of providing electronic communications services in the frequency bands 1920–1980 MHz and 2110–2170 MHz, published by the Office of Communications in June 2013.

• IR 2072 – UK Interface Requirement 2072 Terrestrial systems capable of providing electronic communications services in the band 2500 to 2690 MHz, published by the Office of Communications in March 2013.”

(4) In Schedule 5, Part III (interface requirement), for “IR 2016 – UK Radio Interface Requirement for Land Mobile Satellite Systems, published by OFCOM in September 2008”, substitute “IR 2016 – UK Radio Interface Requirement for Land Mobile Satellite Systems, published by OFCOM in June 2013”.

Stephen Unger

Group Director of Strategy, International, Technology and Economists Group

For and by the authority of the Office of Communications

3rd June 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Exemption) Regulations 2003 (S.I. 2003/74) (“the Principal Regulations”) to make changes to the class of wireless telegraphy apparatus whose establishment, installation and use are exempted from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36).

Regulation 2 amends Schedule 3 to the Principal Regulations to extend the licence exemptions for Long term evolution (LTE) radiotelephones and Worldwide interoperability for microwave access (WiMax) radiotelephones to cover additional frequency bands. It also amends Schedule 5 to the Principal Regulations to refer to an updated interface requirement.

Interface requirements are published by OFCOM in accordance with Article 4.1 of Directive 1999/5/EC of the European Parliament and of the Council on Radio Equipment and Telecommunications Terminal Equipment and the mutual recognition of their conformity (OJ No L 91, 7.4.1999, p10). Copies of interface requirements referred to in these Regulations may be obtained from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and are available on the OFCOM website at http://www.ofcom.org.uk.

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 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.

(1)

2006 c. 36

(2)

S.I. 2003/74; relevant amending instruments are S.I. 2003/2155, S.I. 2006/2994, S.I. 2008/2426, S.I. 2010/2512 and S.I. 2011/2950