The Wireless Telegraphy (Exemption) Regulations 2003

• Citation: S.I. 2003/74
• Sections: 27

Section 1 Citation and commencement

These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2003 and shall come into force on 12th February 2003.

Section 2 Revocation

The Regulations specified 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;

“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;

“ eirp ” means equivalent isotropically 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;

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

“ ETSI ” means the European Telecommunications Standards Institute;

“ Interface Requirement ” means an interface requirement published by RA 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 ;

“ 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;

“RA” means the Radiocommunications Agency of the Department of Trade and Industry;

“the Radio Regulations” means the 2001 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 9 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) With the exception of relevant apparatus operating in the frequency bands specified in paragraph (3), 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 telegraphy link between telecommunication apparatus or a telecommunication system and other such apparatus or system, by means of which a telecommunication service is provided by way of business to another person.

(3) The frequency bands specified for the purposes of paragraph (2) are—

(a) 2400.0 to 2483.5 MHz ;

(b) 5150 to 5350 MHz;

(c) 5470 to 5725 MHz;

(d) 57.1 to 58.9 GHz .

(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 band 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 Spread Spectrum Modulation Techniques, published in December 2000;

(b) in the case of the frequency bands specified at sub-paragraphs (b) and (c), IR 2006—UK Radio Interface Requirement for Short Range, Broadband, Data Services (High Performance RLAN ) operating in the frequency range 5150–5725 MHz, published in October 2002;

(c) in the case of the frequency band specified at sub-paragraph (d), IR 2000—UK Radio Interface Requirement for Point-to-point radio-relay systems operating in specified frequency bands, published in February 2002.

Section 5 Terms, provisions and limitations

(1) The exemption provided in regulation 4(1) 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) the use of the relevant apparatus is 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 in either case 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

The prescribed apparatus shall be subject to and comply with the appropriate Interface Requirement referred to in Part IV of this Schedule.

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

Prescribed apparatus taken into service before 1st May 2000 must also comply with the appropriate Common Technical Regulations referred to in Part V of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must—

(a) be approved by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations;

(b) be approved to the ETSI standards or the draft ETSI standards referred to in Part V of this Schedule as appropriate by a national administration following type testing at a test laboratory; or

(c) comply with the BABT performance standards referred to in Part V of this Schedule as appropriate,

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

Section 2 Public Mobile Operator Licences

Meteor burst data systems licensed for use on the following frequencies—

39.025 MHz

39.050 MHz

46.400 MHz

46.950 MHz

46.975 MHz

Section 3 Public Mobile Operator Licences

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

(a) digital cellular radiotelephones:

(b) digital cellular PCN radiotelephones:

(c) Universal Mobile Telephony System radiotelephones ( UMTS ):

1899.9–1920 MHz (BTx/MTx in TDD)

1920–1980 MHz (MTx)

2110–2170 MHz (BTx)

Section 4 Public Mobile Operator Licences

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

174–208 MHz

410–430 MHz

Section 5 Public Mobile Operator Licences

CDMA spread spectrum data asset tracking systems licensed for use in the following frequency bands—

177–191 MHz (MTx) paired with

866–868 MHz (BTx)

Section 6 Public Mobile Operator Licences

Public two-way paging systems licensed for use in the following frequency bands—

169.4–169.8 MHz (MTx) paired with

870–871 MHz (BTx).

Section 1

The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

Section 2

Prescribed apparatus taken into service before 1st May 2000 must also comply with the appropriate Common Technical Regulations referred to in Part IV of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must—

(a) be approved by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations;

(b) be 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; or

(c) comply with the requirements of MPT 1322, MPT 1334, MPT 1371 or MPT 1384 as appropriate in relation to prescribed apparatus taken into service before section 84 of the 1984 Act came into force,

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

Section 1

The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

Section 2

Prescribed apparatus taken into service before 1st May 2000 must also comply with the appropriate Common Technical Regulations referred to in Part IV of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must—

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

(b) be 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 3

Prescribed apparatus in the Iridium and Globalstar Land Mobile-Satellite Services described in the Interface Requirement referred to in Part III of this Schedule 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

The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

Section 2

Prescribed apparatus taken into service before 1st May 2000 must also—

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

(b) be 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, or otherwise complies with such standards in the case of non-manufactured apparatus used as metal detectors or model control apparatus referred to in the Interface Requirement in Part III of this Schedule,

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

Section 1

The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

Section 2

Prescribed apparatus taken into service before 1st May 2000 must also—

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

(b) be approved to the standard referred to in Part IV of this Schedule 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 1

The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule for the frequency range 57.1 to 58.9 GHz.

Section 2

Prescribed apparatus taken into service before 1st May 2000 must also—

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

(b) comply with the requirements of the Department of Trade and Industry Performance Specification referred to in Part IV of this Schedule,

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

Section 1

The prescribed apparatus shall be subject to and comply with the appropriate Interface Requirement referred to in Part III of this Schedule.

Section 2

Prescribed apparatus taken into service before 1st May 2000 must also—

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

(b) be 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.