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Statutory Instrument 2003 No. 74The Wireless Telegraphy (Exemption) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 74TELEGRAPHSThe Wireless Telegraphy (Exemption) Regulations 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.
(b) 5150 to 5350 MHz; (c) 5470 to 5725 MHz; (d) 57.1 to 58.9 GHz. (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 -
(b) in the case of the frequency bands specified at sub-paragraphs (b) and (c), IR 2006 - UK Radio Interface Requirement for Short Range, Broadband, Data Services (High Performance RLAN) operating in the frequency range 5150-5725 MHz, published in October 2002; (c) in the case of the frequency band specified at sub-paragraph (d), IR 2000 - UK Radio Interface Requirement for Point-to-point radio-relay systems operating in specified frequency bands, published in February 2002. Terms, provisions and limitations
(b) the use of the relevant apparatus is terrestrial use only, unless otherwise stated in Schedule 6. (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.
(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 in either case 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 relevant apparatus.
In this Schedule -
(b) to be used solely for the purpose of sending and receiving messages conveyed by a relevant network by means of wireless telegraphy. 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 -
(b) be approved to the ETSI standards or the draft ETSI standards referred to in Part V of this Schedule as appropriate by a national administration following type testing at a test laboratory; or (c) comply with the BABT performance standards referred to in Part V of this Schedule as appropriate, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. 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 -
(b) digital cellular PCN radiotelephones:
(c) Universal Mobile Telephony System radiotelephones (UMTS): 1899.9-1920 MHz (BTx/MTx in TDD) 1920-1980 MHz (MTx) 2110-2170 MHz (BTx) 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
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. 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
Common base station systems
In this Schedule -
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 -
(b) be approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory; or (c) comply with the requirements of MPT 1322, MPT 1334, MPT 1371 or MPT 1384 as appropriate in relation to prescribed apparatus taken into service before section 84 of the 1984 Act came into force, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. IR 2011 - UK Radio Interface Requirement for the Cordless Telephony Service, published by RA in March 2000. 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. In this Schedule -
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 -
(b) be approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. IR 2016 - UK Radio Interface Requirement for Land Mobile Satellites, published by RA in January 2003. Inmarsat
Eutelsat
Italsat
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
Orbcomm
SpaceChecker
In this Schedule, "prescribed apparatus" means a station or apparatus described in the Interface Requirement referred to in Part III of this Schedule. 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 -
(b) be approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory, or otherwise complies with such standards in the case of non-manufactured apparatus used as metal detectors or model control apparatus referred to in the Interface Requirement in Part III of this Schedule, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. IR 2030 - UK Radio Interface Requirement for Short Range Devices, published by RA in October 2002. 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. In this Schedule, "prescribed apparatus" means a station or apparatus described in the Interface Requirement referred to in Part III of this Schedule. 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 -
(b) be approved to the standard referred to in Part IV of this Schedule by a national administration following type testing at a test laboratory, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. 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. ETS 300 296 published by ETSI in December 1994 and revised and reprinted in March 1997. In this Schedule, "prescribed apparatus" means analogue or digital equipment for High Density Fixed Service (HDFS) applications. 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 -
(b) comply with the requirements of the Department of Trade and Industry Performance Specification referred to in Part IV of this Schedule, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. IR 2000 - UK Radio Interface Requirement for Point-to-point radio-relay systems operating in specified frequency bands, published by RA in February 2002. MPT 1415 published in August 1998. In this Schedule, "prescribed apparatus" means radio local area network (RLAN) apparatus that provide wideband transmissions and short range broadband services. 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 -
(b) be approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory, provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey. 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. 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. (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:
(b) radio local area network apparatus in the frequency bands 5150 to 5350 MHz and 5470 to 5725 MHz, where it meets the technical criteria set out in Schedule 9. 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. 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 -- Back --
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