The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2024

Statutory Instruments

2024 No. 136

Electronic Communications

The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2024

Made

6th February 2024

Coming into force

29th February 2024

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by section 8(3) and section 122(7) of the Wireless Telegraphy Act 2006(1) (the “Act”) and in exercise of those sections of the Act as extended to the Bailiwick of Guernsey, to the Bailiwick of Jersey and to the Isle of Man(2).

Before making these Regulations, OFCOM gave notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered representations made to them before the time specified in that notice in accordance with section 122(4)(c) of the Act.

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2024 and come into force on 29th February 2024.

Amendment of the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022

2.—(1) The Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022(3) are amended as follows.

(2) In regulation 3 (interpretation), in paragraph (o), for “on 26th May 2022” substitute “in February 2024”.

(3) In regulation 4 (scope of exemption for indoor use), in paragraph (b) for “13” substitute “14”.

(4) Omit regulations 9, 13 and 18(2).

David Willis

Group Director, Spectrum Group

Office of Communications

6th February 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend existing legislation which exempts the establishment, installation and use of certain wireless telegraphy stations or apparatus, known as “mobile repeaters”, which comply with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c. 36). Specifically, these Regulations amend the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022 (S.I. 2022/595) (the “2022 Regulations”).

The mobile repeaters that are exempted by the 2022 Regulations from the requirement to be licensed are those used indoors and those which are used in motor vehicles.

Regulation 2(2) amends the terms, provisions and limitations relating to mobile repeaters which are used in motor vehicles. It requires such repeaters to comply with technical specifications and conditions set out in an updated interface requirement published by the Office of Communications (“Ofcom”) in February 2024 (the “Updated Interface Requirements”). The Updated Interface Requirements are published by Ofcom and available to the public on its official website at https://www.ofcom.org.uk/ and from its library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. The Updated Interface Requirements allow the amplification of additional frequencies (703-733 MHz or 832-862 MHz) and set out the rules (including power limits) applicable to their amplification. The omission of regulation 18(2) of the 2022 Regulations by Regulation 2(4) also makes the terms, provisions and limitations relating to such mobile repeaters technology neutral.

Regulations 2(3) and (4) amend the terms, provisions and limitations relating to mobile repeaters which are used indoors. Specifically, they remove the requirement for such repeaters to also repeat a 2G or 3G frequency if they are repeating a 4G frequency (and make associated consequential amendments).

A full regulatory impact assessment of the effect of these Regulations is available to the public from Ofcom’s website at http://www.ofcom.org.uk or from the Ofcom library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Copies of this assessment have also been placed in the library of the House of Commons.

(1)

2006 c. 36.

(2)

Section 8(3) and section 122(7) were extended to the Bailiwick of Guernsey by article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3325); to the Bailiwick of Jersey by article 2 of the Wireless Telegraphy (Jersey) Order 2006 (S.I. 2006/3324); and to the Isle of Man by article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278).

(3)

2022 c. 595.