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STATUTORY INSTRUMENTS


2003 No. 74

TELEGRAPHS

The Wireless Telegraphy (Exemption) Regulations 2003

  Made 20th January 2003 
  Laid before Parliament 21st January 2003 
  Coming into force 12th February 2003 

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 her[2], the power conferred on her by section 84(1)(b) of the Telecommunications Act 1984[3], and of all other powers enabling her in that behalf, hereby makes the following Regulations - 

Citation and commencement
     1. These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2003 and shall come into force on 12th February 2003.

Revocation
    
2. The Regulations specified in Schedule 1 are hereby revoked.

Interpretation
    
3.  - (1) In these Regulations - 

    (2) In these Regulations, "connected", "convey", "telecommunication apparatus", "telecommunication service" and "telecommunication system" shall be construed in accordance with section 4 of the 1984 Act, and "public telecommunication system" shall be construed in accordance with section 9(1) of the 1984 Act.

Exemption
     4.  - (1) Subject to regulation 5, the establishment, installation and use of the relevant apparatus are hereby exempted from the provisions of section 1(1) of the 1949 Act.

    (2) With the exception of relevant apparatus operating in the frequency bands specified in paragraph (3), the exemption in paragraph (1) shall not apply to relevant apparatus which is established, installed or used to provide or to be capable of providing a wireless telegraphy link between telecommunication apparatus or a telecommunication system and other such apparatus or system, by means of which a telecommunication service is provided by way of business to another person.

    (3) The frequency bands specified for the purposes of paragraph (2) are - 

    (4) The exemption provided in the case of relevant apparatus operating in the frequency bands specified in paragraph (3) shall not apply unless such apparatus complies with the appropriate following Interface Requirement - 

Terms, provisions and limitations
    
5.  - (1) The exemption provided in regulation 4(1) shall be subject to the terms, provisions and limitations that - 

    (2) Such exemption shall also be subject to such additional terms, provisions and limitations as are specified in the Schedules hereto in respect of the relevant apparatus.

Inspection and restrictions on use
    
6.  - (1) Where an authorised person has reasonable cause to believe that any relevant apparatus is not complying with regulation 5, any person who is in possession or control of the relevant apparatus shall, on the demand of 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 apparatus.


Stephen Timms,
Minister of State for E-Commerce and Competitiveness, Department of Trade and Industry

20th January 2003



SCHEDULE 1
Regulation 2


REVOCATIONS


Regulations revoked References
The Wireless Telegraphy (Exemption) Regulations 1999 S.I. 1999/930
The Wireless Telegraphy (Exemption) (Amendment) Regulations 2000 S.I. 2000/1012
The Wireless Telegraphy (Exemption) (Amendment) Regulations 2001 S.I. 2001/730
The Wireless Telegraphy (Exemption) (Amendment) Regulations 2002 S.I. 2002/1590



SCHEDULE 2
Regulation 3(1)


LIST OF NATIONAL ADMINISTRATIONS


Country Symbol
Albania AL
Andorra AND
Austria A
Belgium B
Bosnia and Herzegovina BH
Bulgaria BG
Croatia HR
Cyprus CY
Czech Republic CZ
Denmark DK
Estonia EST
Finland FI
France F
Germany D
Greece GR
Hungary H
Iceland IS
Ireland IRL
Italy I
Latvia LV
Liechtenstein FL
Lithuania LT
Luxembourg L
Malta M
Moldova MLD
Monaco MC
Netherlands NL
Norway N
Poland PL
Portugal P
Romania RO
Russian Federation RUS
San Marino RSM
Slovak Republic SK
Slovenia SLO
Spain E
Sweden S
Switzerland CH
The Former Yugoslav Republic of Macedonia MK
Turkey TR
Ukraine UA
United Kingdom of Great Britain and Northern Ireland GB
Vatican City SCV



SCHEDULE 3
Regulation 3(1)


NETWORK USER STATIONS




PART I

INTERPRETATION

In this Schedule - 



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the appropriate Interface Requirement referred to in Part IV of this Schedule.

     2. Prescribed apparatus taken into service before 1st May 2000 must also comply with the appropriate Common Technical Regulations referred to in Part V of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.



PART III

TYPE OF LICENCE GRANTED UNDER SECTION 1(1) OF THE 1949 ACT FOR THE ESTABLISHMENT AND USE OF RELEVANT NETWORKS

Public Mobile Operator Licences
     1. Public mobile data systems licensed for use in the following frequency bands - 

     2. Meteor burst data systems licensed for use on the following frequencies - 

     3. Cellular radiotelephone systems licensed for use in the following services on the relevant frequency bands - 

     4. Public access mobile radio systems licensed for use in the following frequency bands - 

     5. CDMA spread spectrum data asset tracking systems licensed for use in the following frequency bands - 

     6. Public two-way paging systems licensed for use in the following frequency bands - 

Common Base Station Operator Licence
Common base station systems licensed for use in the following frequency bands - 



PART IV

INTERFACE REQUIREMENT

IR 2010 - UK Radio Interface Requirement for Public Paging Services, published by RA in December 2000.

IR 2012 - UK Radio Interface Requirement for Public Mobile Data Services, published by RA in December 2000.

IR 2013 - UK Radio Licence Interface Requirement for Public Access Mobile Radio Services, published by RA in December 2000.

IR 2014 - UK Radio Interface Requirement for Public Cellular Radiotelephone Services, published by RA in December 2000.

IR 2017 - UK Radio Licence Interface Requirement for Remote Meter Reading Operator Services, published by RA in December 2000.

IR 2018 - UK Radio Licence Interface Requirement for Common Base Stations Services, published by RA in December 2000.

IR 2019 - UK Radio Licence Interface Requirement for Third Generation Mobile Services, published by RA in May 2001.

IR 2036 - UK Radio Licence Interface Requirement for Mobile Asset Tracking Services, published by RA in December 2000.



PART V

COMMON TECHNICAL REGULATIONS AND STANDARDS

GSM
CTR 005 - Commission Decision of 21st December 1993 on a common technical regulation for the general attachment requirements for public pan-European cellular digital land-based mobile communications[
7], including the ETSI Technical Basis for Regulation (TBR) TBR 005 published in November 1993.

CTR 009 - Commission Decision of 21st December 1993 on a common technical regulation for the telephony application requirements for public pan-European cellular digital land-based mobile communications[8], including TBR 009 published in November 1993.

Public mobile data systems


Meteor burst data systems


PCN
BABT Special Investigation Test Schedule (SITS) 92/50 published in March 1991 and revised and reprinted in June 1995.

TBR 031: 1996-02 published by ETSI in February 1996.

TBR 032: 1996-02 published by ETSI in February 1996.

Public access mobile radio systems


Common base station systems




SCHEDULE 4
Regulation 3(1)


CORDLESS TELEPHONE APPARATUS




PART I

INTERPRETATION

In this Schedule - 



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

     2. Prescribed apparatus taken into service before 1st May 2000 must also comply with the appropriate Common Technical Regulations referred to in Part IV of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.



PART III

INTERFACE REQUIREMENT

IR 2011 - UK Radio Interface Requirement for the Cordless Telephony Service, published by RA in March 2000.



PART IV

COMMON TECHNICAL REGULATIONS AND STANDARDS

CT1
Department of Trade and Industry Performance Specification MPT 1322 published in August 1982 and revised and reprinted in August 1994.

Department of Trade and Industry Performance Specification MPT 1384 published in November 1997.

Extended range CT1
Department of Trade and Industry Performance Specification MPT 1371 published in May 1989 and revised and reprinted in August 1994.

CT2
Department of Trade and Industry Performance Specification MPT 1334 published in December 1987 and revised and reprinted in July 1994.

I-ETS 300 131 published by ETSI in April 1992 and revised and reprinted in November 1994.

DECT
CTR 006 - Commission Decision of 9th July 1997 on a common technical regulation for the general terminal attachment requirements for DECT[
9], including the ETSI Technical Basis for Regulation TBR 006.

CTR 010 - Commission Decision of 9th July 1997 on a common technical regulation for the telephony application requirements for DECT[10], including the ETSI Technical Basis for Regulation TBR 010.

CTR 022 - Commission Decision of 9th July 1997 on a common technical regulation for the attachment requirements for DECT generic access profile (GAP)[11], including the ETSI Technical Basis for Regulation TBR 022.

ETSI Technical Basis for Regulation TBR 006 published in December 1993 and revised and reprinted in December 1995.



SCHEDULE 5
Regulation 3(1)


LAND MOBILE-SATELLITE SERVICE STATIONS




PART I

INTERPRETATION

In this Schedule - 



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

     2. Prescribed apparatus taken into service before 1st May 2000 must also comply with the appropriate Common Technical Regulations referred to in Part IV of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.

     3. Prescribed apparatus in the Iridium and Globalstar Land Mobile-Satellite Services described in the Interface Requirement referred to in Part III of this Schedule shall cease operation at or within a distance determined by the Secretary of State for each relevant radioastronomy site for the duration of any radioastronomy observation.



PART III

INTERFACE REQUIREMENT

IR 2016 - UK Radio Interface Requirement for Land Mobile Satellites, published by RA in January 2003.



PART IV

COMMON TECHNICAL REGULATIONS AND STANDARDS


Inmarsat
Type of Inmarsat station Maximum power (eirp) ETSI standard (unless otherwise stated) Date of publication
A +37 dBW Technical Requirements for Inmarsat Standard-A Ship Earth Stations, edition 3 May 1988
          Ship Earth Station Technical Bulletin 26A September 1991
          Ship Earth Station Technical Bulletin 27B May 1998
B +34 dBW (+1/-2 dB) EN 301 444 May 1998
C +16 dBW EN 301 426 May 1998
D+ +9 dBW EN 301 426 May 1998
M +28 dBW (+3/-3 dB) EN 301 444 May 1998
Mini M (phone) +2.7 dBW EN 301 444 May 1998
M4 26 dBW EN 301 444 May 1998


Eutelsat
Type of Eutelsat station Maximum power (eirp) ETSI standard Date of publication
Euteltracs (Omnitracs) 19 dBW EN 301 426 May 1998


Italsat
Type of Italsat station Maximum power (eirp) ETSI standard Date of publication
EMS-PRODAT 12 dBW EN 301 426 May 1998
EMS-MSSAT 11.5 dBW EN 301 444 May 1998

Iridium
CTR 41 - Commission Decision of 3rd September 1998 on a common technical regulation for Satellite Personal Communications Networks (S-PCN) Mobile Earth Stations (MESs), including hand held earth stations, for S-PCN operating in the 1.6/2.4 GHz frequency bands under the Mobile Satellite Service (MSS)[
12].

ICO
CTR 42 - Commission Decision of 3rd September 1998 on a common technical regulation for Satellite Personal Communications Networks (S-PCN) Mobile Earth Stations (MESs), including hand held earth stations, for S-PCN operating in the 2.0 GHz frequency bands under the Mobile Satellite Service (MSS)[13].

Globalstar
CTR 41.


Thuraya
Type of Thuraya station Maximum power (eirp) ETSI standard Date of publication
Hand held 7.0 dBW EN 301 681 December 1999


Orbcomm
Type of Orbcomm station Maximum power (eirp) ETSI standard Date of publication
Hand held 10 dBW/5 KHz EN 301 721 December 1999


SpaceChecker
Type of SpaceChecker station Maximum power (eirp) ETSI standard Date of publication
Hand held 12.5 dBW/15 KHz EN 301 426 May 1998



SCHEDULE 6
Regulation 3(1)


SHORT RANGE DEVICES




PART I

INTERPRETATION

In this Schedule, "prescribed apparatus" means a station or apparatus described in the Interface Requirement referred to in Part III of this Schedule.



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

     2. Prescribed apparatus taken into service before 1st May 2000 must also - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.



PART III

INTERFACE REQUIREMENT

IR 2030 - UK Radio Interface Requirement for Short Range Devices, published by RA in October 2002.



PART IV

STANDARDS

European Telecommunications Standard EN 300 220-1 published by ETSI in November 1997.

European Telecommunications Standard EN 300 330 published by ETSI in April 1999.

European Telecommunications Standard EN 300 422 published by ETSI in September 1999.

European Telecommunications Standard I-ETS 300 440 published by ETSI in December 1995 and Corrigendum issued in April 1996.

European Telecommunications Standard EN 300 674 published by ETSI in November 1998.

European Telecommunications Standard EN 300 718 published by ETSI in March 1997.

European Telecommunications Standard EN 300 761 published by ETSI in January 1998.

European Telecommunications Standard EN 301 091 published by ETSI in May 1998.

European Telecommunications Standard EN 301 357, version 1.2.1 (1991) published by ETSI in 1999.



SCHEDULE 7
Regulation 3(1)


PMR 446




PART I

INTERPRETATION

In this Schedule, "prescribed apparatus" means a station or apparatus described in the Interface Requirement referred to in Part III of this Schedule.



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.

     2. Prescribed apparatus taken into service before 1st May 2000 must also - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.



PART III

INTERFACE REQUIREMENT

IR 2009 - UK Radio Interface Requirement for Private Business Mobile Radio Operating in the Licence Exempt PMR 446 MHz Band, published by RA in December 2000.



PART IV

STANDARD

ETS 300 296 published by ETSI in December 1994 and revised and reprinted in March 1997.



SCHEDULE 8
Regulation 3(1)


FIXED TERRESTRIAL LINKS APPARATUS IN THE 57.1 TO 58.9 GHZ FREQUENCY BAND




PART I

INTERPRETATION

In this Schedule, "prescribed apparatus" means analogue or digital equipment for High Density Fixed Service (HDFS) applications.



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule for the frequency range 57.1 to 58.9 GHz.

     2. Prescribed apparatus taken into service before 1st May 2000 must also - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.



PART III

INTERFACE REQUIREMENT

IR 2000 - UK Radio Interface Requirement for Point-to-point radio-relay systems operating in specified frequency bands, published by RA in February 2002.



PART IV

STANDARD

MPT 1415 published in August 1998.



SCHEDULE 9
Regulation 3(1)


RADIO LOCAL AREA NETWORK APPARATUS




PART I

INTERPRETATION

In this Schedule, "prescribed apparatus" means radio local area network (RLAN) apparatus that provide wideband transmissions and short range broadband services.



PART II

ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

     1. The prescribed apparatus shall be subject to and comply with the appropriate Interface Requirement referred to in Part III of this Schedule.

     2. Prescribed apparatus taken into service before 1st May 2000 must also - 

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.



PART III

INTERFACE REQUIREMENT

IR 2005 - UK Radio Interface Requirement for Wideband Transmission Systems Operating in the 2.4 GHz ISM Band and Using Spread Spectrum Modulation Techniques, published by RA in December 2000.

IR 2006 - UK Radio Interface Requirement for Short Range, Broadband, Data Services (High Performance RLAN) operating in the frequency range 5150-5725 MHz, published by RA in October 2002.



PART IV

STANDARDS

European Telecommunications Standard EN 300 328-1 published by ETSI in July 1997.

European Telecommunications Standard EN 300 328-2 published by ETSI in July 1997.

European Telecommunications Standard EN 300 836-1 published by ETSI in May 1998.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations consolidate, with amendments, the Wireless Telegraphy (Exemption) Regulations 1999 (S.I. 1999/930), as amended by S.I.s 2000/1012, 2001/730 and 2002/1590 ("the 1999 Regulations"). The Regulations exempt certain wireless telegraphy stations and apparatus from the requirement to be licensed under section 1 of the Wireless Telegraphy Act 1949 (c. 54). These stations and apparatus are defined in Schedules 3 to 9 to the Regulations. Accordingly, it is not necessary to hold a licence to establish or use any such station or install or use any such apparatus (regulation 4). The exemption is subject to the terms specified in regulation 5. An exempted station or apparatus must be available for inspection and their use must cease, or their operation be restricted, on the demand of a person authorised in that behalf by the Secretary of State where such terms are not complied with (regulation 6). Failure to comply with such a demand is an offence under section 3 of the Wireless Telegraphy Act 1949.

The principal change made by these Regulations to the exemption regime under the 1999 Regulations is that the following additional apparatus is specified as being exempt from the requirement to be licensed:

The exemption in respect of such apparatus applies to the provision of public as well as private telecommunications services (regulation 4). The Regulations also extend the range of Land Mobile Earth Stations established in connection with the provision of a satellite service which have the benefit of the licence exemption to include Orbcomm and SpaceChecker terminals (Schedule 5). Finally, references to apparatus relating to the analogue first generation telecommunications network, which has now been taken out of service in the United Kingdom, are omitted in Schedule 3. A number of minor and typographical amendments are also made to the Regulations which are of no substantive effect.

Copies of the UK Radio Interface Requirements referred to in the Schedules may be obtained from the Radiocommunications Agency Library at Wyndham House, 189 Marsh Wall, London E14 9SX (Tel: 020 7211 0211) or by visiting the Agency's Internet web site at www.radio.gov.uk. A full regulatory impact assessment of the effect that these Regulations would have on the costs to business is available from the Agency Library and can be found on the web site. Copies of this report have also been placed in the libraries of both Houses of Parliament.

Copies of the Radio Regulations may be obtained from the Sales Service, International Telecommunication Union, Place des Nations, CH-1211 Geneva 20, Switzerland (Tel: 0041 22 730 6141).

Copies of the European Telecommunications Standards and the draft European Telecommunications Standards referred to in the Schedules to these Regulations may be obtained from the British Standards Institution (BSI), 389 Chiswick High Road, London W4 4AL (Tel: 020 8996 9000) or from the European Telecommunications Standards Institute (ETSI) at F-06921 Sophia Antipolis, Cedex, France (Tel: 00334 92 94 42 00).

Copies of the Common Technical Regulations contained within the Official Journal and referred to in the Schedules may be obtained from the Stationery Office Books, PO Box 276, London SW8 5DT (Tel: 020 7873 9090) and from the European Information Centres (EICs) situated in the United Kingdom.

Copies of BABT/SITS/92/50 referred to in Schedule 3 may be obtained from the British Approvals Board for Telecommunications (BABT) at Claremont House, 34 Molesey Road, Hersham, Walton-on-Thames, Surrey KT12 4RQ (Tel: 01932 222289).


Notes:

[1] 1949 c. 54; sections 1 and 3 were extended to the Channel Islands by S.I. 1952/1900, as amended by S.I. 1967/1279 and S.I. 1969/1369, and to the Isle of Man by S.I. 1952/1899; there are amendments to section 1(1) not relevant to these Regulations.back

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

[3] 1984 c. 12; section 84 was extended to the Bailiwick of Guernsey and the Isle of Man by S.I. 1994/1064 and S.I. 1995/268 respectively but has not been extended to the Bailiwick of Jersey.back

[4] O.J. No. L91, 7.4.99, p. 10; the Directive was largely implemented in the United Kingdom by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730).back

[5] The Constitution and Convention of the International Telecommunication Union were adopted in Geneva in 1992 and ratified by the United Kingdom in 1994 (Cm 3145). They were modified by the Plenipotentiary Conference in Kyoto in 1994 as ratified by the United Kingdom in 1997 (Cm 3779).back

[6] BABT was appointed by the Secretary of State on 10th September 1990 pursuant to section 25 of the 1984 Act for the purpose of approving telecommunication apparatus under section 22 of that Act.back

[7] O.J. No. L8, 12.1.94, p. 20.back

[8] O.J. No. L8, 12.1.94, p. 23.back

[9] O.J. No. L215, 9.7.97, p. 48.back

[10] O.J. No. L215, 9.7.97, p. 50.back

[11] O.J. No. L215, 9.7.97, p. 52.back

[12] O.J. No. L247, 5.9.98, p. 11.back

[13] O.J. No. L247, 5.9.98, p. 13.back



ISBN 0 11 044653 4


 
© Crown copyright 2003
Prepared 27 January 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20030074.html