Ofcom’s decision on changes to the licence exemption of Wireless Telegraphy Devices

Statement published 21|12|11

Executive summary

1.1 This statement confirms that, following formal consultation, Ofcom has proceeded with proposals to allow some devices to operate without a Wireless Telegraphy Act 2006 ('WT Act') licence. Under section 8(1) of the WT Act, it is an offence to establish, install or use equipment to transmit without holding a licence granted by Ofcom unless the use of such equipment is exempted.

1.2 Ofcom has made the following licence exemption regulations:

• the Wireless Telegraphy (Exemption) (Amendment) Regulations 2011 (the 'Amendment Regulations') entering into force on 31 December 2011;
• the Wireless Telegraphy (Intelligent Transport Systems) (Exemption) Regulations 2011 (the 'ITS Regulations') entering into force on 31 December 2011; and
• the Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2011 (the 'SRD Regulations') entering into force on 12 January 2012.

1.3 The regulations will permit the licence exempt use of the following devices:

• Personal Locator Beacons (PLBs) on land;
• wireless access user equipment in the 3400 to 3800 MHz band;
• safety-related Intelligent Transport Systems (ITS) infrastructure at 5875 to 5905 MHz;
• user equipment connecting to the 2012 London Games Tetra (Apollo) Network;
• fourth Generation (4G) mobile user equipment (LTE and WiMAX) in the 900 / 1800 MHz band ; and
• some low power Short Range Devices (SRDs).

1.4 Before deciding to make the regulations and in accordance with the requirements of section 122(4) of the WT Act, we published a Statutory Notice "Notice of Ofcom's proposals for changes to the licence exemption of Wireless Telegraphy devices" (the 'Notice') . The Notice contained drafts of the regulations and invited comments from stakeholders. We received no responses to the Notice.

1.5 On reviewing the proposed regulations we decided to make a number of minor editorial changes. The changes that we introduced into the regulations are outlined in section 4 of this document. None of these changes alter the technical parameters for the devices.

1.6 We are required to comply with the fourth update of Commission Decision 2006/771/EC on short-range devices (the 'SRD Decision') , the implementation of which is mandatory on all European Union (EU) Member States. This statement also confirms that by making the SRD Regulations we have implemented the SRD Decision.

1.7 The regulations will be available on the website www.legislation.gov.uk under the titles listed above. Copies of Regulatory Impact Assessments (RIA) are also included in Annexes to this statement.