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Statutory Instrument 1997 No. 2137The Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997(The document as of February, 2008) STATUTORY INSTRUMENTS1997 No. 2137The Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997
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] as enacted, 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 (Network User Stations) (Exemption) Regulations 1997 and shall come into force on 1st October 1997. Interpretation 2. - (1) In these Regulations -
(b) to be used solely for the purpose of sending and receiving messages conveyed by a relevant network by means of wireless telegraphy. (2) In these Regulations, "connected", "convey" and "telecommunication system" shall be construed in accordance with section 4 of the 1984 Act.
(b) the user station is subject to and complies with the Common Technical Regulations referred to in Part I of Schedule 2 as appropriate, failing which such user station:
(ii) is approved to the ETSI standards or the draft ETSI standards referred to in Parts I to IV of Schedule 2 as appropriate by the national administration of a country listed in Part V of that Schedule following type testing at a test laboratory, which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002; or (iii) complies with the requirements of MPT 1324 or MPT 1326 as appropriate; or (iv) complies with the BABT performance standards relating to such user station referred to in Part III of Schedule 2 as appropriate, provided that sub-paragraph (i) above shall not apply in relation to user stations situated in the Bailiwick of Jersey. Inspection and restrictions on use
(b) cause its use to -
(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 user station. Public Mobile Operator Licences 1.Public mobile data systems licensed on the following frequency bands - 105 - 165 MHz 174 - 208 MHz 420 - 470 MHz (for non-voice only operation) 2.Cellular radiotelephone systems licensed for use in the following services on the relevant frequency bands -
For the purposes of this Schedule -
(ii) "BTx" means Base Transmit, the frequency on which a base station transmits and a user station receives. 3.Public access mobile radio systems licensed on the following frequency bands - 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 the ETSI Technical Basis for Regulation TBR 009 published in November 1993. I-ETS 300 020-1 (Edition 2) published by ETSI in January 1995. TBR 019 published by ETSI in October 1996. TBR 020 published by ETSI in October 1996. Public mobile data systems Final Draft pr ETS 300 113 published by ETSI in March 1996. ETS 300 113 published by ETSI in July 1996. ETACS/TACS Department of Trade and Industry Performance Specification MPT 1324 published in July 1989 and revised and reprinted in July 1994. NTR13. PCN BABT Special Investigation Test Schedule (SITS) 92/50 published in March 1991 and revised and reprinted in June 1995. Final Draft pr TBR 031: 1996 - 02 published by ETSI in February 1996. Final Draft pr TBR 032: 1996 - 02 published by ETSI in February 1996. Public access mobile radio systems ETS 300 086 published by ETSI in January 1991. ETS 300 113 published by ETSI in July 1996. I-ETS 300 219 published by ETSI in October 1993. Department of Trade and Industry Performance Specification MPT 1326 published in November 1985 and revised and reprinted in May 1993.
(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 (c. 54) of stations ("user stations") designed or adapted for use by customers of certain telecommunication networks. Accordingly it will not be necessary to hold a licence to establish and use the user stations (regulation 3). Regulation 4 provides that for the exemption to apply, certain requirements must be complied with. The user station must not cause or contribute to any undue interference to any wireless telegraphy, and unless subject to and complying with the relevant Common Technical Regulation referred to in Part I of Schedule 2 the user station must either be approved by the Secretary of State under section 84 of the Telecommunications Act 1984 (c. 12), comply with the European Telecommunications Standards or the draft European Telecommunications Standards referred to in Parts I to IV of that Schedule, comply with the requirements of Performance Specifications MPT 1324 or MPT 1326 or comply with the performance standards of the British Approvals Board for Telecommunications (BABT) referred to in Part III of that Schedule. Regulation 5 requires that the user stations must be available for inspection, and that their use must cease, or their 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. In addition to the requirements set out in regulation 4, the user stations will have to comply with the provisions of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423, as amended and extended by S.I. 1994/3129), if applicable, before being supplied, connected or permitted to remain connected to a public telecommunication network or put into service. From 1st January 1996 the user stations have to comply with the type approval requirements set out in Part VI of the Electromagnetic Compatibility Regulations 1992 (S.I. 1992/2372, as amended by S.I. 1994/3080) before being supplied or taken into service to the extent that they are not duplicated by the applicable provisions of the Telecommunications Terminal Equipment Regulations. Copies of the European Telecommunications Standards and the draft European Telecommunications Standards for GSM systems, public mobile data systems, PCN systems, and public access mobile radio systems referred to in Schedule 2 may be obtained from the British Standards Institution, 389 Chiswick High Road, London W4 4AL (Tel: 0181-996 7000) or from ETSI at 06921 Sophia Antipolis, Cedex, France (Tel: 00-33 92 94 42 00). Copies of Performance Specifications MPT 1324 and MPT 1326 may be obtained from the Radiocommunications Agency Library at New King's Beam House, 22 Upper Ground, London SE1 9SA (Tel: 0171-211 0211). Copies of NTR13 and BABT/SITS/92/50 may be obtained from BABT at Claremont House, 34 Molesey Road, Hersham, Walton-on-Thames, Surrey KT12 4RQ (Tel: 01932-222289). Copies of CTR 005 and CTR 009 contained within the Official Journal may be obtained from The Stationery Office Books, P.O. Box 276, London SW8 5DT (Tel: 0171-873 9090) and from the European Information Centres (EICs) situated in the United Kingdom. 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] 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 [5] S.I. 1992/2423, amended and extended by S.I. 1994/3129.back [6] ETSI was set up in 1988 on the joint initiative of the European Commission and the European Postal and Telecommunications Conference (CEPT).back [7] OJ No. L8, 12.1.94, p. 20.back [8] OJ No. L8, 12.1.94, p. 23.back ISBN 0 11 064905 2 -- Back --
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