The Wireless Telegraphy (Exemption) Regulations 1999

• Citation: S.I. 1999/930
• Sections: 43

Section 1 Citation and commencement

These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 1999 and shall come into force on 19th April 1999.

Section 2 Revocation

The Regulations set out in Schedule 1 are hereby revoked.

Section 3 Interpretation

(1) In these Regulations–

“the 1949 Act ” means the Wireless Telegraphy Act 1949;

“the 1984 Act ” means the Telecommunications Act 1984;

“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus as described in Part III of Schedule 6;

“authorised person” means any person authorised by the Secretary of State for the purpose of regulation 6;

“ CEPT ” means the European Conference of Postal and Telecommunications Administrations ;

“ Common Technical Regulation ( CTR )” shall be construed in accordance with regulation 3(3) of the Telecommunications Terminal Equipment Regulations 1992 ;

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

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

“ EN45001 and EN45002 ” means European Standards (Normes Européenne) EN45001 and EN45002 published in September 1989 by the British Standards Institution;

“ ETSI ” means the European Telecommunications Standards Institute ;

“ ISO guides 25 and 58 ” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in 1990 and 1993 respectively;

“national administration” means the national administration of a country listed in Schedule 2;

“public switched telephone network” means a public telecommunication system by means of which two-way voice telephony services are provided whereby messages are switched incidentally to their conveyance;

“the Radio Regulations” means the 1998 edition of the Radio Regulations made under Article 13 of the Constitution of the International Telecommunication Union ;

“relevant apparatus” means the prescribed apparatus as defined in Schedules 3 to 7 hereto;

“station” means a station for wireless telegraphy; and

“test laboratory” means a test laboratory which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002.

(2) In these Regulations, “connected”, “convey”, “telecommunication apparatus”, “telecommunication service” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act, and “public telecommunication system” shall be construed in accordance with section 9(1) of the 1984 Act.

Section 4 Exemption

(1) Subject to regulation 5, the establishment, installation and use of the relevant apparatus are hereby exempted from the provisions of section 1(1) of the 1949 Act.

(2) The exemption in paragraph (1) shall not apply to relevant apparatus which is established, installed or used to provide or to be capable of providing a wireless telephony link between telecommunication apparatus, or a telecommunication system, and a public switched telephone network, by means of which a telecommunication service is provided by way of business to another person.

Section 5 Terms, provisions and limitations

(1) The exemption provided for in these Regulations shall be subject to the terms, provisions and limitations that–

(a) the relevant apparatus shall not cause or contribute to any undue interference to any wireless telegraphy; and

(b) frequency bands relating to the relevant apparatus are for terrestrial use only, unless otherwise stated in Schedule 6.

(2) Such exemption shall also be subject to such additional terms, provisions and limitations as are specified in the Schedules hereto in respect of the relevant apparatus.

Section 6 Inspection and restrictions on use

(1) Where an authorised person has reasonable cause to believe that any relevant apparatus is not complying with regulation 5, any person who is in possession or control of the relevant apparatus shall, on the demand of that authorised person–

(a) permit and facilitate its inspection by that authorised person; and

(b) cause its use to–

(i) cease; or

(ii) be restricted in the manner specified by that authorised person,

for a period of time ending either on a date or on the occurrence of an event specified by that authorised person.

(2) Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the relevant apparatus.

Section 1 Public Mobile Operator Licences

Public mobile data systems licensed for use in the following frequency bands–

105–165 MHz

174–208 MHz

420–470 MHz

(for non-voice only operation)

Section 2 Public Mobile Operator Licences

Cellular radiotelephone systems licensed for use in the following services on the relevant frequency bands–

(a) cellular radiotelephones:

(b) digital cellular radiotelephones:

(c) digital cellular PCN radiotelephones:

Section 3 Public Mobile Operator Licences

Public access mobile radio systems licensed for use in the following frequency bands–

174–208 MHz

410–430 MHz

Section 1 Analogue Cordless Telephone Apparatus ( CT1 )

Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with MPT 1322–

(a) to be used to send and receive voice or data messages to be conveyed over a telecommunication system to which the base station is connected; and

(b) so as not to operate on more than one of the pairs of frequencies set out below at any one time–

Section 2 Analogue Cordless Telephone Apparatus ( CT1 )

Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with MPT 1384–

(a) to be used to send and receive voice or data messages to be conveyed over a telecommunication system to which the base station is connected; and

(b) so as not to operate on more than one of the pair of frequencies set out below at any one time–

Section 3 Analogue Cordless Telephone Extended Range Apparatus (Extended Range CT1)

Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with MPT 1371–

(a) to be used to send and receive voice or data messages to be conveyed over a telecommunication system to which the base station is connected; and

(b) so as to operate on either of the pairs of frequencies set out below–

Section 4 Digital Cordless Telephone Apparatus ( CT2 )

Apparatus conforming, at the time it is manufactured, to MPT 1334 or the Interim European Telecommunications Standard I-ETS 300 131 referred to in Part IV and consisting of one or more base stations and one or more portable stations designed or adapted–

(a) to be used to send and receive voice or data messages or visual images in digitised packets in time division duplex mode bi-directionally to be conveyed over a telecommunication system to which the base station is connected; and

(b) so as to operate in a 100 kHz channel within the frequency band 864.1–868.1 MHz.

Section 5 Digital European Cordless Telecommunications Apparatus ( DECT , also known as Digital Enhanced Telecommunications Apparatus)

Apparatus conforming, at the time it is manufactured, to the ETSI Technical Basis for Regulation TBR 006 referred to in Part IV and consisting of one or more base stations, repeater stations and portable stations designed or adapted–

(a) to be used to send and receive voice or data messages or visual images either directly between a base station and a portable station or between a base station and a portable station by relay through a repeater station in digitised packets in time division duplex mode bi-directionally to be conveyed over a telecommunication system to which the base station is connected; and

(b) so as to operate within the frequency band 1880–1900 MHz .

For the purposes of this paragraph, “repeater station” means a station which relays the voice or data message or visual image between the base station and one or more portable stations.

Section 1

The prescribed apparatus shall be subject to and comply with the Common Technical Regulations referred to in Part IV of this Schedule as appropriate, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus–

(a) is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations; or

(b) is approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory,

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.

Section 2

Prescribed apparatus in the Iridium and Globalstar Land Mobile-Satellite Services referred to in Part III shall cease operation at or within a distance determined by the Secretary of State for each relevant radioastronomy site for the duration of any radioastronomy observation.

Section 1

In this Schedule–

“direct sequence spread spectrum modulation” means a form of modulation where a combination of data to be transmitted and a known code sequence (or chip sequence) is used to directly modulate a carrier;

“EN 300 220–1” means the European Telecommunications Standard EN 300 220–1 published by ETSI in November 1997;

“EN 300 328” means the European Telecommunications Standard EN 300 328 published by ETSI in November 1994, revised and reprinted in November 1996 and amended in July 1997;

“EN 300 330” means the European Telecommunications Standard EN 300 330, version 1.2.2 (1999) published by ETSI in 1999;

“I-ETS 300 422” means the European Telecommunications Standard I-ETS 300 422 published by ETSI in December 1995;

“I-ETS 300 440” means the European Telecommunications Standard I-ETS 300 440 published by ETSI in December 1995 and Corrigendum issued in April 1996;

“EN 300 674” means the European Telecommunications Standard EN 300 674 published by ETSI in November 1998;

“EN 300 718” means the European Telecommunications Standard EN 300 718 published by ETSI in March 1997;

“EN 300 761” means the European Telecommunications Standard EN 300 761 published by ETSI in January 1998;

“EN 300 836–1” means the European Telecommunications Standard EN 300 836–1 published by ETSI in May 1998;

“EN 301 091” means the European Telecommunications Standard EN 301 091 published by ETSI in June 1998;

“EN 301 357” means the European Telecommunications Standard EN 301 357, version 1.2.1 (1999) published by ETSI in 1999;

“Fo” means centre frequency;

“frequency hopping spread spectrum modulation” means a technique in which the transmitted signal occupies a number of frequencies in time, each for some period of time;

“non-manufactured apparatus” means apparatus made up from components, but which is not for retail resale;

“prescribed apparatus” means any station or apparatus described in Part III of this Schedule.

“radiated level” means the maximum level permitted, referenced to the erp, eirp or field strength as specified in Part III of this Schedule; and

“Telemetry”, “Telecommand”, “Television” and “Telephony” have the meanings given to them in the Radio Regulations.

Section 1 General Purpose Short Range Devices

Any wireless telegraphy apparatus, which is not described elsewhere in this Schedule and which is designed or adapted so as to be capable of use within the frequency band, and at a radiated level not exceeding the maximum for such frequency band, specified in the table below–

Section 2

Where the channel spacing or channel bandwidth is defined in this Schedule the centre frequency of the first channel is at a distance of channel spacing /2 from the lower frequency band edge.

Section 2 Telemetry and Telecommand: General

Wireless telegraphy apparatus designed or adapted for–

(a) Telemetry and Telecommand, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b) in category iii, channel numbers 1 and 3 to 11 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(c) in category iv, channel numbers 1 to 5 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(d) in category v, Telemetry and Telecommand may only be used in conjunction with telephony with a non-locking push to talk key or voice operated carrier;

(e) in category vii, the band may also be used for airborne telemetry based on 25 kHz channel spacing;

(f) in categories viii, ix and xii, consecutive channels may be combined for increased bandwidth up to the maximum sub-band frequency allocation. The total signal bandwidth must be contained within the allocated sub-band–

Section 3 Telemetry and Telecommand: Industrial/Commercial

Wireless telegraphy apparatus designed or adapted for–

(a) Telemetry and Telecommand, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b) in category i, channel numbers 1 and 3 to 11 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(c) in category ii, channel numbers 1 to 5 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(d) in category iv, channel numbers 1 to 25, 28 to 31 and 33 to 35 are available with a channel centre frequency of 458.5 MHz + (channel bandwidth × channel number);

(e) in category v, channel numbers 1 to 12, 14 to 15 and 17 are available with a channel centre frequency of 458.5 MHz + (channel bandwidth × channel number)–

Section 4 Telemetry: Databuoys

Wireless telegraphy apparatus designed or adapted for Telemetry in a maritime environment, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below–

Section 5 Medical and Biological Applications

Wireless telegraphy apparatus designed or adapted for–

(a) Telemetry and Telecommand, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b) in category ii, channel numbers 1 to 24 are available with channel centre frequency of 173.7 MHz + (channel bandwidth × channel number);

(c) in category iii, channel numbers 1 to 11 are available with channel centre frequency of 173.7 MHz + (channel bandwidth × channel number);

(d) in category v, for use with ultra low power active medical implants only;

(e) in category vi and vii, channel numbers 37 to 47 are available with channel centre frequency of 458.5 MHz + (channel bandwidth × channel number);

(f) in category viii and ix, channel numbers 19 to 23 are available with channel centre frequency of 458.5 MHz + (channel bandwidth × channel number);

(g) in categories ii, iii, vi and viii, these bands may also be used in an airborne application for the tracking of birds–

Section 6 Radio Local Area Networks

Wireless telegraphy apparatus designed or adapted–

(a) for the provision of short range data links, so as to be capable of use only within the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below and subject to the following sub-paragraphs;

(b) in category i, prescribed apparatus using frequencies relating to direct sequence spread spectrum modulation are limited to a maximum spectrum power density of −20 dBW/1 MHz without exceeding the eirp value. For frequency hopping spread spectrum, the maximum spectrum power density is limited to −10 dBW/100 kHz without exceeding the eirp value;

(c) analogue speech is not permitted–

Section 7 Short Range Indoor Data Links

Wireless telegraphy apparatus designed or adapted–

(a) for the provision of short range data links, so as to be capable of use only within either of the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below and subject to the following sub-paragraph;

(b) analogue speech is not permitted–

Section 8 Railway Applications

Wireless telegraphy apparatus designed or adapted for the purpose of railway vehicle identification or for the provision of short range data links between the track and railway vehicles, so as to be capable of use only within either of the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below–

Section 9 Devices for the Detection of Avalanche Victims

Wireless telegraphy apparatus designed or adapted for the transmission of signals to aid in the locating of victims in distress or at risk, so as to be capable of producing a continuous wave only on either of the frequencies, and at a radiated level not exceeding the maximum for such frequencies, specified in the table below–

Section 10 Equipment for the Detection of Movement or Alert

Wireless telegraphy apparatus designed or adapted to–

(a) produce a radiated field and respond to a variation in that field as a result of any instrusion 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, so as to be capable of use on one or more of the frequencies within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, specified in the table below and subject to the following sub-paragraphs;

(b) in category i, this service is due to be withdrawn by 31st December 2003: equipment cannot be type approved for use in this band after 31st December 1998;

(c) category ii applications are for tagging and identification only;

(d) category iv applications are for indoor use only;

(e) category vii applications are for use in mobile applications only, and fixed installations are not permitted–

Section 11 Road Transport and Traffic Telematics

Wireless telegraphy apparatus designed or adapted to aid in the management, control or flow of transport and traffic–

(a) for the provision of short range data links which respond to a signal initiated by, in the case of categories i and ii below, a network operator, or by, in the case of category ii or iii, a private system used and operated by the owner or persons authorised by the owner, so as to be capable of use only within any of the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below–

(b) for the provision of short range on-board vehicle radar so as to be capable of use only within the frequency band and at a radiated level not exceeding the maximum for such frequency band specified in the table below–

Section 12 Inductive Applications

That part of an induction system designed or adapted to produce–

(a) a controlled magnetic field; and

(b) a predetermined recognisable signal when operating within that magnetic field,

so as to be capable of use only within the frequency bands, and at a radiated level, not exceeding the maximum for such frequency bands specified in the table below–

Section 13 Metal Detectors

That part of an induction system designed or adapted to produce–

(a) a controlled magnetic field; and

(b) a predetermined recognisable signal when operating within that magnetic field,

so as to be capable of use only within the frequency bands, and at a radiated level, not exceeding the maximum for such frequency bands, specified in the table below–

Section 14 Alarms

Wireless telegraphy apparatus designed or adapted–

(a) to generate or indicate an alarm condition; or

(b) to arm or disarm the alarm system,

so as to be capable of use on one or more of the frequencies within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, specified in the table below–

Section 15 Social Alarms: For the elderly and infirm

Wireless telegraphy apparatus designed or adapted–

(a) to generate or indicate an alarm condition; or

(b) to arm or disarm the alarm system,

so as to be capable of use on one or more of the frequencies, and at a radiated level not exceeding the maximum for such frequencies, specified in the table below–

Section 16 Alarms: Vehicle paging

Wireless telegraphy apparatus designed or adapted to generate or indicate an alarm condition so as to be capable of use on one or more of the frequencies, and at a radiated level not exceeding the maximum for such frequencies, specified in the table below, provided that category ii apparatus may also be used to arm or disarm the alarm system at a radiated level not exceeding 1 mW–

Section 17 Alarms: General alarms associated with marine applications and including fixed shore installations

Wireless telegraphy apparatus designed or adapted–

(a) to generate or indicate an alarm condition; or

(b) to arm or disarm the alarm system,

so as to be capable of use on the frequency, and at a radiated level not exceeding the maximum for such frequency, specified in the table below, including use on land for the storage or transportation of vessels–

Section 18 Alarms: Mobile and transportable and lone worker safety

Wireless telegraphy apparatus designed or adapted–

(a) to generate or indicate an alarm condition; or

(b) to arm or disarm the alarm system,

so as to be capable of use on one or more of the frequencies, and at a radiated level not exceeding the maximum for such frequencies, specified in the table below–

Section 19 Alarms: Fixed

Wireless telegraphy apparatus designed or adapted–

(a) to generate or indicate an alarm condition; or

(b) to arm or disarm the alarm system,

so as to be capable of use on one or more of the frequencies, and at a radiated level not exceeding the maximum for such frequencies, specified in the table below–

Section 20 Model Control

Wireless telegraphy apparatus designed or adapted–

(a) in categories i and v, for Telecommand to control the movement of models in general;

(b) in category ii, for Telecommand to control the movement of airborne models only;

(c) in category iii, for Telecommand to control the movement of models on the ground, on water or under the water;

(d) in category iv, for Telemetry to provide data from the model, including airborne models,

so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below–

Section 21 Radio Microphones

Wireless telegraphy apparatus designed or adapted for Telephony, for the purpose of aids to project personal voice or music, so as to be capable of use on one or more of the frequencies within the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below–

Section 22 Radio Hearing Aids

Wireless telegraphy apparatus designed or adapted–

(a) for Telephony, for the purpose of hearing aids for the handicapped, so as to be capable of use on one or more of the frequencies within the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b) frequency bands in category ii may be used if frequency bands in category i are not suitable; and frequency bands in category iii may be used if category i and ii frequency bands are not suitable;

(c) frequency bands in category iv may only be used as an alternative for radio hearing aids if frequency bands in categories i, ii and iii are unsuitable–

Section 23 Wireless Audio Applications

Wireless telegraphy apparatus designed or adapted–

(a) for Telephony, for the purpose of providing a short range radio link between the audio output of a device, so as to be capable of use on one or more frequencies within the frequency band, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b) categories i and ii are for cordless headphones or cordless loudspeakers;

(c) category iii is for cordless headphones for use in vehicles;

(d) category iv is for cordless headphones for use with personal stereo devices–

36.61–36.79 MHz

37.01–37.19 MHz

Section 24 Video: Close Circuit Television

Wireless telegraphy apparatus designed or adapted–

(a) for Television, so as to be capable of use only within either of the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below and subject to the following sub-paragraphs;

(b) where required, associated Telephony may also be used within the specified frequency band;

(c) music and speech are only permitted when associated with the video application;

(d) category ii may also be used for airborne use–

Section 25 Video Distribution For Private Use

Wireless telegraphy apparatus designed or adapted–

(a) for Television, so as to be capable of use only within the frequency band, and at a radiated level not exceeding the maximum for such frequency band, specified in the table below and subject to the following sub-paragraphs;

(b) where required, associated Telephony may also be used within the specified frequency band;

(c) music and speech are only permitted when associated with the video application–