The Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994

PART IV SATELLITE EARTH STATION EQUIPMENT

Effect

9.—(1) Subject to paragraph (2) below, this Part shall have effect for the purposes of extending the principal Regulations to satellite earth station equipment pursuant to the Satellite Earth Station Equipment Directive.

(2) This part extends the principal Regulations (as amended by Parts II and III of these Regulations) to satellite earth station equipment, save that Part III of these Regulations shall have effect in relation to satellite earth station equipment as if regulation 8 above were omitted.

Application of the principal Regulations to satellite earth station equipment

10.  The principal Regulations shall apply to satellite earth station equipment (whether or not intended for connection to the public telecommunications network) as they apply to applicable terminal equipment, save that they shall have effect in relation to satellite earth station equipment as if—

(a) in regulation 3—

(i) in paragraph (2)—

(aa) the definitions of “connection marking requirements” and “intended purpose declaration” were omitted; and

(bb) there were inserted, at the appropriate places in alphabetical order, the following definitions—

““Community internal production control procedure” means the conformity assessment requirements;”;

““marking requirements” shall be construed in accordance with regulation 10 below;”

““network equipment” means purpose-built satellite earth station equipment intended for use as part of the public telecommunications network of a member State, and, without prejudice to the generality of the foregoing, includes gateway satellite earth stations for major trunking applications within the context of the infrastructure provision (such as large size diameter stations) and satellite tracking and control earth stations;”;

““satellite earth station equipment” means equipment which is capable of being used for—

(a)

transmission only (“transmit equipment”);

(b)

transmission and reception (“transmit-receive equipment”); or

(c)

reception only (“receive-only equipment”),

of radio-communication signals by means of satellites or other space-based systems, but excluding network equipment;”; and

““terrestrial connection to the public telecommunications network” means any connection to the public telecommunications network which does not include a space segment;”; and

(ii) there were added at the end the following paragraph—

“(7) In relation to satellite earth station equipment, an intended purpose declaration is a declaration—

(a) made by the manufacturer or supplier of the equipment pursuant to Article 1.3 of the Satellite Earth Station Equipment Directive, declaring if the equipment is either intended for, or not intended for, terrestrial connection to the public telecommunications network; and

(b) in the case of equipment not intended for such connection, in the model provided for in Annex VII to the TTE Directive, the English form of which is set out in Schedule 5 to these Regulations.”;

(b) in regulation 5(1)—

(i) in its application to satellite earth station equipment which is not intended for terrestrial connection to the public telecommunications network, sub-paragraphs (b), (d), (f) and (g) were omitted; and

(ii) in the application of paragraph (e) to transmit and transmit-receive equipment, the reference to the effective use of the radio frequency spectrum included a reference to the effective use of orbital resources and the avoidance of harmful interference between space-based and terrestrial communications systems and other technical systems;

(c) for regulations 8 and 9 there were substituted the following regulations—

“Requirements for supply, putting into service and connection of satellite earth station equipment to a public telecommunications network

8.   The requirements of this regulation are that—

(a) an intended purpose declaration has been made;

(b) the equipment satisfies the essential requirements;

(c) the conformity assessment requirements have been complied with; and

(d) the marking requirements are complied with.

9.— (1) The conformity assessment requirements for satellite earth station equipment are that the following requirements—

(a) for transmit and transmit-receive equipment, the requirements of either Part III (the EC type-examination procedure) or Part IV (the EC declaration of conformity procedure) of these Regulations;

(b) for receive-only equipment which is intended for terrestrial connection to the public telecommuncations network—

(i) as far as its terrestrial interface is concerned, the requirements of either the said Part III or Part IV;

(ii) as far as other elements are concerned, either the requirements of the said Part III or Part IV, or of Part IVA of these Regulations (the Community internal production control procedure); and

(c) for receive only equipment which is not intended for terrestrial connection to the public telecommunications network, the requirements of the said Part III, IV or IVA,

are complied with, in each case the option being in accordance with the choice of the manufacturer or his authorized representative.;”

(d) in regulation 10—

(i) the word “connection” was omitted in the heading and in the headpiece to paragraph (1);

(ii) to paragraph (1)(a)(ii) there were added at the end the following—

“(save in relation to receive-only equipment not intended for connection to the public telecommunications network and which has been subject to the Community internal production control procedure);”

(iii) in paragraph (1)(a)(iii), the words “where relevant,” were inserted before the words “the connection symbol”; and

(iv) in paragraph (6), for the reference to the TTE Directive there were substituted a reference to the Satellite Earth Station Equipment Directive;

(e) in regulation 12, paragaph (4) were omitted;

(f) after Part IV there were inserted the Part set out in the Schedule to these Regulations; and

(g) in Schedule 5—

(i) the heading was—

Regulation 3(6)”; and

“SCHEDULE 5 MODEL OF THE INTENDED PURPOSE DECLARATION FOR SATELLITE EARTH STATION EQUIPMENT NOT INTENDED FOR TERRESTRIAL CONNECTION TO THE PUBLIC TELECOMMUNICATIONS NETWORK

(ii) for the reference to Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment there were substituted a reference to Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment.