The Wireless Telegraphy (Exemption) Regulations 2003

Citation and commencement

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

Revocation

2.  The Regulations specified in Schedule 1 are hereby revoked.

Interpretation

3.—(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(1);

“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(2);

“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.

Exemption

4.—(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.

Terms, provisions and limitations

5.—(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.

Inspection and restrictions on use

6.—(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.

Stephen Timms,

Minister of State for E-Commerce and Competitiveness,

Department of Trade and Industry

20th January 2003