Statutory Instruments

1987 No. 774

TELEGRAPHS

The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction) Order 1987

Made

28th April 1987

Laid before Parliament

30th April 1987

Coming into force

21st May 1987

Whereas it appears to the Secretary of State to be expedient that the provisions of section 7 of the Wireless Telegraphy Act 1967(1) should apply to the wireless telegraphy apparatus specified in this Order for the purpose of preventing or reducing the risk of interference with wireless telegraphy and that such wireless telegraphy apparatus should be marked in accordance with the provisions of section 85 of the Telecommunications Act 1984(2):

And Whereas the Secretary of State is satisfied as required by section 7(9) of the Wireless Telegraphy Act 1967 that the Order is compatible with international obligations of the United Kingdom:

Now, therefore, the Secretary of State in exercise of the powers conferred by section 7(2) of the Wireless Telegraphy Act 1967 and section 85(1) of the Telecommunications Act 1984 hereby makes the following Order:

Citation

1. This Order may be cited as the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction) Order 1987 and shall come into force on 21st May 1987.

Interpretation

2. In this Order:-

"the 1967 Act" means the Wireless Telegraphy Act 1967(4):

"the Specification" means Performance Specification MPT 1322 first published in August 1982, as amended;

"cordless telephone apparatus" means apparatus for wireless telegraphy consisting of a base station and one or more mobile stations where:-

(i)

each of such stations is designed or adapted to be used

(a)

to send verbal messages to be conveyed over a public telecommunication system; and

(b)

to receive messages conveyed over a public telecommunication system; and

(ii)

each of such stations is capable of simultaneously sending such verbal messages to any and every other such station; and

(iii)

the base station only is capable of connection to a public telecommunication system;

"exempt cordless telephone apparatus" means cordless telephone apparatus which is designed or adapted to operate on not more than two of the channels specified in paragraph 1.2 of the Specification and which complies with the terms, provisions and limitations specified in regulation 3 of, and the Schedule to, the Wireless Telegraphy (Exemption) Regulations 1982(3),

Restriction on dealings and custody

3.-(1) Save as is provided in section 7(5) of the 1967 Act, the actions specified in paragraph (2) of this article are restricted in relation to any cordless telephone apparatus, which is not exempt cordless telephone apparatus, and which is not designed or adapted for use on frequencies exceeding 853 MHz.

(2) The actions restricted by this article are:-

(a)manufacture (whether or not for sale);

(b)selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one's willingness to sell or let on hire;

(c)having in one's custody or control; and

(d)importation.

Marking

4.-(1) Exempt cordless telephone apparatus being relevant apparatus within the meaning given by section 85(5) of the Telecommunications Act 1984(5) shall be marked in accordance with the marking requirements specified in the Schedule to this Order.

(2) No person shall in the course of any trade or business supply or offer to supply any exempt cordless telephone apparatus which does not comply with the marking requirements referred to in paragraph (1) of this article.

John Butcher

Parliamentary Under Secretary of State

Department of Trade and Industry

28th April 1987

THE SCHEDULE

1. Exempt cordless telephone apparatus shall be marked in accordance with paragraphs 2 to 5 below in order to display the following words:

"This apparatus conforms to Performance Specification MPT 1322 as amended and is exempt from licensing under the Wireless Telegraphy Act 1949".

2. The mark shall:-

(a)be in the form specified in paragraph 3 below;

(b)conform with the test of durability specified in sub-clause 7.14 of British Standard 5850 (1981);

(c)be placed upon such apparatus in such a manner that it cannot easily be removed; and

(d)be so placed that it is on an outside surface of such apparatus where it is legible and readily accessible.

3. The mark shall be in the form of a rectangle twice as broad as it is high and not less than 50 mm. broad and 25 mm. high.

4. The background of any mark (other than an embossed mark) shall be plain white, the line delineating the rectangle shall be black, and all writing thereon shall be:-

(a)lack and clearly legible, and

(b)iform size of type, which shall not be less than 1.5 mm capital height, except for the words "MPT 1322" which shall be in bold capitals of a height of not less than 2.5 mm.

5. Where the mark is embossed on the apparatus during manufacture, the mark shall be in the form specified in paragraph 3 of this Schedule and shall stand out from its background so as to be readily visible and legible.

Explanatory Note

(This note is not part of the Order)

This Order restricts the import, manufacture, sale, hire, offer or advertisement for sale or hire, custody and control of cordless telephone apparatus which is not exempt from the requirement for a licence under section 1 of the Wireless Telegraphy Act 1949 and which is not designed for use on frequencies exceeding 853 MHz. Such cordless telephone apparatus, because it does not comply with Performance Specification MPT 1322, as amended, and operates on channels not allocated for telephone use by that Specification, is likely to cause interference to other radio users.

Under article 4 of the Order exempt cordless telephones must be marked to show that they comply with Performance Specification MPT 1322, as amended, in the manner indicated in the Schedule.

Copies of Performance Specification MPT 1322 are available free of charge from the Librarian, Radiocommunications Division, Department of Trade and Industry, Waterloo Bridge House, Waterloo Road, LONDON SE1 8UA.

(1)

1967 c. 72; section 7 was amended by the Telecommunications Act 1984 (c. 12), section 77.

(2)

1984 c. 12.

(3)

S.I. 1982/1697, as amended by S.I. 1987/775.

(4)

1967 c. 72.

(5)