The Wireless Telegraphy (Exemption) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations exempt certain wireless telegraphy stations and apparatus from the requirement to be licensed under section 1(1) of the Wireless Telegraphy Act 1949 (c. 54). Accordingly, it will not be necessary to hold a licence to establish or use any such station or install or use any such apparatus (regulation 4).

In relation to stations designed or adapted for use by customers of certain telecommunication networks (Schedule 3), these Regulations revoke and replace the Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997 (S.I. 1997/2137). They also introduce a licence exemption for user stations (as defined in Part I of Schedule 3) which connect to Common Base Stations.

As regards certain cordless telephone apparatus (Schedule 4), these Regulations revoke and replace the Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1996 (S.I. 1996/316). They also introduce a licence exemption for an additional eight paired channels in the 30 and 31 MHz frequency bands for analogue cordless telephone apparatus (CTI) in respect of private and domestic use.

With respect to certain land mobile earth stations established in connection with the provision of a satellite service (Schedule 5), these Regulations revoke and replace the Wireless Telegraphy Apparatus (Land Mobile-Satellite Service) (Low Bit Rate Data) (Exemption) Regulations 1993 (S.I. 1993/21). They also extend the range of relevant stations having the benefit of the licence exemption so that they include Inmarsat A, B, D+ and M terminals, Italsat EMS-PRODAT and EMS-MSSAT terminals, Globalstar terminals, ICO Global Communications terminals and Iridium terminals. These stations are the subject of the Decisions of the European Conference of Postal and Telecommunications Administrations (CEPT) referred to in Part III of Schedule 5.

In relation to certain short range devices (Schedule 6), these Regulations revoke and replace the Wireless Telegraphy (Exemption) Regulations 1980 (S.I. 1980/1848), the Wireless Telegraphy (Exemption) (Amendment) (Model Control Apparatus) Regulations 1987 (S.I. 1987/776), the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 (1993/1591), the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1994 (S.I. 1994/2250) and the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1997 (S.I. 1997/1996). The principal change introduced by these Regulations is to give effect in UK law to CEPT/ERC Recommendation 70–03 relating to short range devices published by the CEPT in October 1997 and revised in December 1997 and March, June, August, September and October 1998. Accordingly, these Regulations:

(a) amend the field strength for inductive applications;

(b) permit speech at a reduced field strength in the 2–30 MHz band;

(c) introduce new bands for alarms;

(d) introduce a new band for general purpose radio microphones; and

(e) extend the band for wireless audio applications.

In addition, these Regulations:

(i) introduce certain frequency bands for specific airborne use;

(ii) permit the use of road transport and traffic telematics, in particular short range links between road side units to and from vehicles and in-vehicle radar;

(iii) permit the use of ultra low power active medical implants; and

(iv) introduce a new band for the use of analogue video applications.

These Regulations further introduce a new category of wireless telegraphy apparatus, known as “PMR 446” (Schedule 7), having the benefit of the exemption from the licensing requirement.

Regulation 6 requires that an exempted station or apparatus must be available for inspection, and that their use must cease, or their operation must be restricted, on the demand of a person authorised in that behalf by the Secretary of State. Failure to comply with such a demand is an offence under section 3 of the Wireless Telegraphy Act 1949.

In addition to the requirements set out in regulation 5, the exempted stations and apparatus will have to comply with the provisions of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423, as amended and extended by S.I. 1994/3129), if applicable, before being supplied, connected or permitted to remain connected to a public telecommunication network or put into service. From 1st January 1996 the exempted stations and apparatus have to comply with the type approval requirements, if applicable, set out in Part VI of the Electromagnetic Compatibility Regulations 1992 (S.I. 1992/2372, as amended by S.I. 1994/3080) before being supplied or taken into service to the extent that they are not duplicated by the applicable provisions of the Telecommunications Terminal Regulations.

Copies of the European Telecommunications Standards and the draft European Telecommunications Standards referred to in the Schedules to these Regulations may be obtained from the British Standards Institution (BSI), 389 Chiswick High Road, London W4 4AL (Tel: [phone]) or from the European Telecommunications Standards Institute (ETSI) at F-06921 Sophia Antipolis, Cedex, France (Tel: [phone]).

Copies of the CEPT Decisions referred to in Schedule 5 and also CEPT/ERC Recommendation 70–03 mentioned above may be obtained from the European Radiocommunications Office (ERO), Midtermolen 1, DK-2100, Copenhagen, Denmark (Tel: [phone]).

Copies of the Department of Trade and Industry Performance Specifications referred to in the Schedules may be obtained from the Radiocommunications Agency Library at New King’s Beam House, 22 Upper Ground, London SE1 9SA (Tel: [phone]). Also available to the public at the Library is a full regulatory impact assessment report of the effect that these Regulations would have on the costs of business.

Copies of NTR 13 and BABT/SITS/92/50 referred to in Schedule 3 may be obtained from the British Approvals Board for Telecommunications (BABT) at Claremont House, 34 Molesey Road, Hersham, Walton-on-Thames, Surrey KT12 4RQ (Tel: [phone]).

Copies of the Common Technical Regulations contained within the Official Journal and referred to in the Schedules may be obtained from the Stationery Office Books, P.O. Box 276, London SW8 5DT (Tel: [phone]) and from the European Information Centres (EICs) situated in the United Kingdom.