The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989

• Citation: S.I. 1989/604
• Sections: 14

Section 1 Citation and Commencement

These Regulations may be cited as the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989 and shall come into force on 1st May 1989.

Section 2 Interpretation

In these Regulations –

“ ERP ” means effective radiated power, as defined in the Radio Regulations ;

“ EIRP ” means equivalent isotropically radiated power, as defined in the Radio Regulations;

“field strength” means the magnitude of a component of specified polarisation of the electric or magnetic field, and a reference to the field strength of any signal means the field strength of that signal when measured at a distance of 10 metres;

“the Radio Regulations” means the 1982 edition of the Radio Regulations, as revised in 1985, 1986 and 1988, annexed to the International Telecommunication Convention 1982 pursuant to Articles 43 and 83 of that Convention; and

“relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

Section 3 Exemption

Subject to regulation 4, and except as provided for in regulation 5, the establishment, installation and use of any station or apparatus for wireless telegraphy of a description set out in the Schedule hereto (hereinafter referred to as a “relevant low power device”) are hereby exempted from the provisions of section 1(1) of the 1949 Act.

Section 4 Terms, provisions and limitations

The exemption provided for in regulation 3 shall be subject to the terms, provisions and limitations that –

(a) the relevant apparatus comprised in the relevant low power device shall be for the time being approved under section 84 of the 1984 Act; and

(b) the relevant low power device shall not –

(i) infringe any requirements for the time being applied to it by or under any enactment for the purpose of preventing it from causing interference with any wireless telegraphy; or

(ii) cause undue interference with any wireless telegraphy.

Section 5 Exceptions

The exemption provided for in regulation 3 shall not extend to any station or apparatus for wireless telegraphy the establishment, installation or use of which is exempted from the provisions of section 1(1) of the 1949 Act by –

(a) the Wireless Telegraphy (Exemption) Regulations 1980 ;

(b) the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984 ; or

(c) the Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989 .

Section 6 Restrictions on use

Where the Secretary of State has reasonable cause to believe that a relevant low power device is causing undue interference with any wireless telegraphy, any person who is in possession or control of that device shall on the demand in that behalf of any person authorised for such purpose by the Secretary of State (“the authorised person”) forthwith cause the use of that device to –

(a) cease; or

(b) be restricted in the manner specified by the authorised person.

Section 1 Emergency alarms

Wireless telegraphy apparatus designed or adapted –

(a) for the sole purpose of sending and receiving non-verbal signals in order to summon assistance to those persons who may require it by reason of old age or infirmity; and

(b) so as to be capable of use only –

(i) at a power not exceeding 0.5 mW ERP; and

(ii) on one or more of the frequencies listed below –

27.450 MHz 34.950 MHz

34.925 " 34.925 MHz 34.975 ".

Section 2 Field disturbance and Doppler apparatus

Wireless telegraphy apparatus –

(a) designed or adapted to produce a radiated field and respond to a variation in that field as a result of any intrusion or movement within that field by other devices, objects or persons in order to detect or monitor the movement of such devices, objects or persons; and

(b) constructed so as to be capable of use only on frequencies, and at a power, or field strength, as the case may be, not exceeding the maximum, specified for each category of apparatus in the table below –

Section 3 Induction system apparatus

That part of an induction system –

(a) designed or adapted to produce –

(i) a controlled magnetic field; and

(ii) a predetermined recognisable signal when operating within that magnetic field; and

(b) constructed so as to be capable of use only on frequencies, and at an output power, or field strength, as the case may be, not exceeding the maximum for such frequencies for each description of apparatus, specified in the table below –

Section 4 Narrow band radio microphones

Any wireless telegraphy apparatus incorporating a microphone which is –

(a) designed or adapted for transmission on a bandwidth not exceeding 25 kHz; and

(b) constructed so as to be capable of use only –

(i) at an ERP not exceeding 5 mW; and

(ii) on one or more of the frequencies listed below –

174.600 MHz 174.885 MHz

174.675 " 175.020 ".

174.770 "

Section 5 Radio hearing aids

Any hearing aid operating by means of wireless telegraphy which is constructed so as to be capable of use only –

(a) at an ERP not exceeding 2 mW; and

(b) on one or more of the frequencies listed below –

Section 6 Telemetry and telecommand apparatus

Wireless telegraphy apparatus –

(a) designed or adapted for –

(i) automatically indicating or recording measurements at a distance from the measuring instrument; or

(ii) the transmission of signals to initiate, modify or terminate functions of equipment situated at a distance from such apparatus; and

(b) constructed so as to be capable of use only on frequencies, and at a power not exceeding the maximum for such frequencies, specified in the table below –

Section 7 Wide band radio microphones

Any wireless telegraphy apparatus incorporating a microphone which is –

(a) designed or adapted for transmission on a bandwidth of not less than 25 kHz; and

(b) constructed so as to be capable of use only –

(i) at an ERP not exceeding 2 mW; and

(ii) on one or more of the frequencies listed below –

173.800 MHz 174.800 MHz

174.100 " 175.000 ".

174.500 "

Section 8 General purpose devices

Any wireless telegraphy apparatus, which is designed or adapted so as to be capable of use only –

(a) within the frequency band 49.82 MHz to 49.98 MHz; and

(b) at an ERP not exceeding 10 mW.