The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993

Statutory Instruments

1993 No. 1591

TELEGRAPHS

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993

Made

23rd June 1993

Laid before Parliament

24th June 1993

Coming into force

26th July 1993

The Secretary of State, in exercise of the powers conferred by sections 1(1) and 3(1)(a) and (b) of the Wireless Telegraphy Act 1949(1) and now vested in him(2), the power conferred on him by section 84(1)(b) of the Telecommunications Act 1984(3) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 and shall come into force on 26th July 1993.

Revocation

2.  The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989(4), the Wireless Telegraphy (Low Power Devices) (Exemption) Regulations 1991(5) and the Wireless Telegraphy (Low Power Devices) (Exemption) (Amendment) Regulations 1992(6) are hereby revoked.

Interpretation

3.  In these Regulations—

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

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

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

“field strength” means the magnitude of a component of specified polarisation of the electric or magnetic field, and a reference to the field strength of any signal means the field strength of that signal when measured at a distance of 10 metres;

“μA/m” means microamps per metre;

“μV/m” means microvolts per metre;

“μW” means microwatts;

“mW” means milliwatts;

“the Radio Regulations” means the 1990 edition of the Radio Regulations, annexed to the International Telecommunication Convention 1982 (7)pursuant to Articles 43 and 83 of that Convention;

“relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus;

“relevant short range device” means any station or apparatus for wireless telegraphy of a description set out in the Schedule hereto; and

“W” means Watts.

Exemption

4.  Subject to regulation 5, the establishment, installation and use of any relevant short range device are hereby exempted from the provisions of section 1(1) of the Wireless Telegraphy Act 1949.

Terms, provisions and limitations

5.  The exemption provided for in regulation 4 shall be subject to the terms, provisions and limitations that—

(a) the relevant apparatus comprised in the relevant short range device is for the time being approved under section 84 of the Telecommunications Act 1984; and

(b) the relevant short range device shall not cause undue interference to any wireless telegraphy.

Restrictions on use

6.—(1) Where an authorised person has reasonable cause to believe that a relevant short range device is not complying with regulation 5, any person who is in possession or control of the relevant short range device 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 short range device.

Patrick M'Loughlin

Parliamentary Under-Secretary of State, For Trade and Technology

Department of Trade and Industry

23rd June 1993

Regulation 4

SCHEDULE DESCRIPTIONS OF RELEVANT SHORT RANGE DEVICES

Cordless Audio Apparatus

1.  Cordless wireless telegraphy apparatus designed or adapted—

(a) so as to provide a short range radio link between itself and audio equipment; and

(b) so as to be capable of use only within the frequency bands and at a power not exceeding the maximum for such frequency bands, specified in the table below—

Frequencies	Maximum power erp
36.61—36.79 MHz	10 μW
37.01—37.19 MHz	10 μW

Emergency Alarms

2.  Wireless telegraphy apparatus designed or adapted—

(a) for the sole purpose of sending and receiving non-verbal signals in order to summon assistance to those persons who may require it by reason of old age or infirmity; and

(b) so as to be capable of use only on one or more of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
27.450 MHz	0.5 mW
34.925 MHz	0.5 mW
34.950 MHz	0.5 mW
34.975 MHz	0.5 mW

Field Disturbance and Doppler Apparatus

3.  Wireless telegraphy apparatus designed or adapted—

(a) to produce a radiated field and respond to a variation in that field as a result of any intrusion 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; and

(b) so as to be capable of use only on the frequencies, and at a power or field strength, as the case may be, not exceeding the maximum for such frequencies, for each category of apparatus, specified in the table below—

Category	Description of apparatus	Frequencies	Maximum power (eirp or erp)	Maximum field strength at a distance of 10 metres
1	Apparatus designed solely to detect resonant circuits for use on a frequency of 13.56 MHz ± 0.2%	13.56 MHz ± 0.2%		4,500 μV/m
2	Apparatus (other than category 1 above) designed solely to detect resonant circuits	2-32 MHz		1,000 μV/m
3	Apparatus designed solely to detect resonant circuits for the purpose of the prevention of theft	888.000-889.6375 MHz 888.6875-889.000 MHz	500 mW erp
4	Apparatus designed solely for outdoor use	10.577-10.597 GHz	1 W eirp
5	Apparatus designed solely for indoor use	10.675-10.699 GHz	1 W eirp
6	Apparatus designed for fixed or portable applications	24.150-24.250 GHz	2 W eirp
7	Apparatus designed solely for use in a mobile application	24.250-24.350 GHz	2 W eirp
8	Anti-collision devices	31.80-33.40 GHz	5 W eirp
9	Any apparatus not within any category above	2.445-2.455 GHz	100 mW eirp

Fixed Alarms

4.  Wireless telegraphy apparatus designed or adapted—

(a) for the transmission of non-verbal signals to wireless telegraphy receiving apparatus installed in or upon a building in order to activate an alarm; and

(b) so as to be capable of use only on one of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
173.225 MHz	10 mW
458.825 MHz	100 mW

General Purpose Devices

5.  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 only—

(a) within the frequency band 49.82-49.98 MHz; and

(b) at a power not exceeding 10 mW erp.

Induction System Apparatus

6.  That part of an induction system designed or adapted—

(a) to produce—

(i) a controlled magnetic field; and

(ii) a predetermined recognisable signal when operating within that magnetic field; and

(b) so as to be capable of use only on frequencies, and at an output power or field strength, as the case may be, not exceeding the maximum for such frequencies for each description of apparatus, specified in the table below—

Frequencies	Apparatus with terminals for connection to an external loop antenna: Maximum output power	Apparatus with ferrite or coil antennas: Maximum field strength
;0—185 kHz	10 W	265 μA/m or 100 mV/m
240—315 kHz	10 W	17 μA/m or 6.4 mV/m

Lone Worker Safety Alarms

7.  Wireless telegraphy apparatus designed or adapted—

(a) for the transmission of non-verbal signals to wireless telegraphy receiving apparatus summoning assistance for workers at isolated locations or working in hazardous environments; and

(b) so as to be capable of use only on either of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
173.1875 MHz	10 mW
458.8375 MHz	100 mW

Marine Alarms

8.  Wireless telegraphy apparatus designed or adapted—

(a) for the transmission of non-verbal signals from a vessel to wireless telegraphy receiving apparatus installed either onshore or in or upon another vessel in order to activate an alarm; and

(b) so as to be capable of use only—

(i) at a power not exceeding 10 mW erp; and

(ii) on the 161.275 MHz frequency.

Mobile and Transportable Alarms

9.  Wireless telegraphy apparatus designed or adapted—

(a) for the transmission of non-verbal signals to wireless telegraphy receiving apparatus giving warning that the animal, object or person to which it is attached or located in or upon requires attention or is being interfered with; and

(b) so as to be capable of use only on either of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
173.1875 MHz	10 mW
458.8375 MHz	100 mW

Motor Vehicle Radio Keys

10.  Wireless telegraphy apparatus designed or adapted—

(a) for the transmission of non-verbal signals to wireless telegraphy receiving apparatus installed or located in or upon a motor vehicle for the purpose of—

(i) locking and unlocking the motor vehicle; and/or

(ii) setting and unsetting—

(aa) a motor vehicle theft paging alarm described in paragraph 11 of this Schedule; and/or

(bb) a motor vehicle alarm which operates other than by wireless telegraphy; and

(b) so as to be capable of use only on one of the frequencies or within one of the frequency bands, and at a power not exceeding the maximum for such frequencies or frequency bands, specified in the table below—

Frequencies	Maximum power erp
26.995 MHz	1 mW
27.045 MHz	1 mW
27.095 MHz	1 mW
27.145 MHz	1 mW
27.195 MHz	1 mW
458.90 MHz	1 mW
173.2—173.35 MHz	1 mW
417.9—418.1 MHz	250 μW
433.72—434.12 MHz	10 mW

Motor Vehicle Theft Paging Alarms

11.  Wireless telegraphy apparatus designed or adapted—

(a) for installation or location in or upon a motor vehicle for the transmission of non-verbal signals to a radio paging receiver giving warning that the motor vehicle is being interfered with; and

(b) so as to be capable of use only on either of the frequencies or within the frequency band, and at a power not exceeding the maximum for such frequencies or frequency band, specified in the table below—

Frequencies	Maximum power erp
47.40 MHz	100 mW
458.90 MHz	100 mW
49.82–49.98 MHz	10 mW

Narrow Band Radio Microphones

12.  Any wireless telegraphy apparatus incorporating a microphone which is designed or adapted—

(a) for transmission within a bandwidth not exceeding 25 kHz; and

(b) so as to be capable of use only on one or more of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
174.600 MHz	5 mW
174.675 MHz	5 mW
174.770 MHz	5 mW
174.885 MHz	5 mW
175.020 MHz	5 mW

Radio Hearing Aids

13.  Any hearing aid operating by means of wireless telegraphy which is designed or adapted so as to be capable of use only on one or more of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
173.350 MHz	2 mW
173.400 MHz	2 mW
173.465 MHz	2 mW
173.545 MHz	2 mW
173.640 MHz	2 mW
173.695 MHz	2 mW
173.775 MHz	2 mW
173.825 MHz	2 mW
173.950 MHz	2 mW
174.070 MHz	2 mW
174.120 MHz	2 mW
174.185 MHz	2 mW
174.270 MHz	2 mW
174.360 MHz	2 mW
174.415 MHz	2 mW

Short Range Data Links

14.  Wireless telegraphy apparatus designed or adapted—

(a) for the provision of short range wire-free data links within one building; and

(b) so as to be capable of use only within either of the frequency bands and at a power not exceeding the maximum for such frequency bands, specified in the table below—

Frequencies	Maximum power eirp
2.445—2.455 GHz	100 mW
10.675—10.699 GHz	1 W

Telemetry and Telecommand Apparatus

15.  Wireless telegraphy apparatus designed or adapted—

(a) either for—

(i) automatically indicating or recording measurements at a distance from the measuring instrument; or

(ii) the transmission of signals to initiate, modify or terminate functions of equipment situated at a distance from such apparatus; and

(b) so as to be capable of use only on one of the frequencies or within one of the frequency bands, and at a power not exceeding the maximum for such frequencies or frequency bands, specified in the table below—

Frequencies	Maximum power erp
26.995 MHz	1 mW
27.045 MHz	1 mW
27.095 MHz	1 mW
27.145 MHz	1 mW
27.195 MHz	1 mW
173.200—173.350 MHz	1 mW
417.90—418.10 MHz	250 μW
458.5—458.8 MHz	500 mW

Wide Band Radio Microphones

16.  Any wireless telegraphy apparatus incorporating a microphone which is designed or adapted—

(a) for transmission within a bandwidth of not less than 25 kHz; and

(b) so as to be capable of use only on one or more of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

Frequencies	Maximum power erp
173.800 MHz	2 mW
174.100 MHz	2 mW
174.500 MHz	2 mW
174.800 MHz	2 mW
175.000 MHz	2 mW

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the exemption from the licensing requirements of section 1(1) of the Wireless Telegraphy Act 1949 of various short range devices, formerly known as low power devices. Accordingly it will not be necessary to hold a licence to establish, install and use the short range devices to which these Regulations apply. The descriptions of the short range devices which are exempt are set out in the Schedule (regulation 4).

Regulation 5 provides that, for the exemption to apply, certain requirements must be complied with. The short range device must be approved under section 84 of the Telecommunications Act 1984 and must not cause undue interference.

Regulation 6 requires that the use of the short range device must cease, or its 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.

The Regulations extend the categories of field disturbance and doppler apparatus to include teleapproach anti-theft devices (paragraph 3 of the Schedule).

The Regulations also extend the range of frequencies on which motor vehicle radio keys may operate (paragraph 10 of the Schedule).

These Regulations revoke and replace the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989 (S.I. 1989/604), the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991 (S.I. 1991/1523) and the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) (Amendment) Regulations 1992 (S.I. 1992/484) (regulation 2).

In addition to the requirements set out in regulation 5 short range devices will from 1st January 1996 have to comply with the type approval requirements set out in Part VI of the Electromagnetic Compatibility Regulations 1992 (S.I. 1992/2372) before being supplied or taken into service.

(1)

1949 c. 54; there are amendments to section 1(1) not relevant to these Regulations.

(2)

Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3; 1969/1371, article 2; 1974/691, article 2.

(3)

1984 c. 12.

(4)

S.I. 1989/604.

(5)

S.I. 1991/1523.

(6)

S.I. 1992/484.

(7)

The International Telecommunication Convention (Cmnd. 9557) was adopted by the International Telecommunication Union at Nairobi on 6 November 1982 and was ratified by the United Kingdom on 15 November 1984.