The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend and consolidate existing legislation which exempt the establishment, installation and use of wireless telegraphy stations or apparatus 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) (the “licensing requirement”).

Regulation 2 revokes the Wireless Telegraphy (Intelligent Transport Systems) (Exemption) Regulations 2011 (the “2011 Regulations”), which exempted the establishment, installation and use of certain wireless telegraphy stations or wireless telegraphy apparatus within the frequency band 5875 to 5905 megahertz (“MHz”) from the licensing requirement.

Regulation 3 amends the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013 to limit the scope of the exemption at regulation 5(2)(b), so that short range radar equipment using the frequency band between 24.25 and 26.65 gigahertz cannot be established or installed in a vehicle registered, placed on the market, or put into service after 24th March 2023.

Regulation 4 amends the Wireless Telegraphy (Exemption) Regulations 2021 to update the publication dates and names of relevant Interface Requirement documents, in order to incorporate changes to some of the technical conditions in the Interface Requirements. It also revokes the previous exemption from the licensing requirement for fixed wireless systems, as well as high density fixed satellite systems and earth stations in motion (previously referred to as earth stations on mobile platforms) where these are connected to a non-geostationary satellite. In addition to this, regulation 4 re-enacts the provisions from the 2011 Regulations, with amendments made to extend the spectrum assignment to 5925 MHz, and to refer to the Interface Requirement document for intelligent transport systems.

Technical requirements are set out in Interface Requirement documents. The Interface Requirements are published by OFCOM and are available from OFCOM’s website at https://www.ofcom.org.uk/home or from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA.

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