Ofcom’s decision to exempt the use of automotive short-range radar equipment at 79 GHz from wireless telegraphy licensing

Summary

1.1 Following the adoption of the Decision (2004/545/EC) on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment (“SRR equipment”) in the Community (the “Decision”), Ofcom published a consultation document proposing to implement the measures provided for in the Decision by:

(i) designating the 79 GHz band for use by SRR equipment on a ‘non-interference non-protected basis’ in the UK Plan for Frequency Authorisation ; and

(ii) making the 79 GHz band available for this purpose by a statutory instrument (Regulations) which would permit the use of SRR equipment without the need to hold a licence under the Wireless Telegraphy Act 1949 (the “1949 Act”). The 79 GHz band includes 77, 78, 79 and 80 GHz.

1.2 In order to exempt the use of the SRR equipment Ofcom proposed to make new regulations: the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2005 (the “Proposed Regulations”). The Proposed Regulations were made in line with the measures provided for in the Decision and Ofcom consulted on them for a month as required by the Communications Act 2003.

1.3 Ofcom received 6 non-confidential responses to our proposals which were submitted by:

(iii) Chelmsford Amateur Radio Society
(iv) UK Microwave Group
(v) C H Towns
(vi) John Hazel; and
(vii) British Amateur Television Club and AMSAT-UK (joint response)
(viii) Julian Smith

1.4 The responses are published on Ofcom’s website and can be viewed at: http://www.ofcom.org.uk/consult/condocs/radar/responses/. In principle, the respondents did not disagree with Ofcom’s proposals however they raised the following main points:

(i) That Footnote EU35 of the European Frequency Tables , which stated that ‘the band 75.5-76 GHz is in Europe also allocated to the Amateur and Amateur Satellite services after year 2006’, was acknowledged and implemented in the UK Frequency Allocation Tables and the Schedule for UK Radio Amateurs (BR68). In particular, that the band 75.5-76 GHz would continue to be available and allocated to the Amateur services on a primary basis beyond 2006;

(ii) that Ofcom should make it clear that, as stated in Article 2c of the 2004/454/EC Decision the use of SRR equipment would be exempted on a ‘non- interference and non-protected’ basis so manufacturers and users could properly assess liability issues before deploying any such equipment; and

(iii) that Ofcom should take into account their views against the prospect of exempting the temporary use of SRR equipment at 24 GHz which is the Radio Amateurs’ primary allocation and requested that consultations were held with UK Amateurs, Astronomers, Earth Resource, Meteorological and other weak signal flux users of the 24 GHz band prior to any decision of use of that band for SRR equipment.

1.5 Ofcom considered the above comments and responds that:

(i) Ofcom is aware of Footnote EU35 of the European Frequency Tables and will take all necessary steps to permit Amateur and Amateur Satellite services in 75.5-76 GHz after 2006;

(ii) in the consultation document Ofcom proposed to exempt the use of SRR equipment at 79 GHz on a ‘non-interference and non-protected basis’ as required by the 2004/454/EC Decision. The final Wireless Telegraphy Automotive Short Range Radars (Exemption) Regulations 2005 (the ‘Regulations’) exempt the use of automotive SRR equipment which does not cause undue interference to other users of the 79 GHz frequency band (Regulation 4(c)). In addition, the 79 GHz frequency band is designated for use by SRR equipment in the UK Plan for Frequency Authorisation on a ‘non-interference and non-protected’ basis;

(iii) Ofcom acknowledges the views expressed regarding the prospect of exempting the temporary use of SRR equipment at 24 GHz; however, this matter is outside the scope of this consultation exercise. On 8 December 2004, a Decision on 24 GHz was adopted by the European Commission following the European Conference of Postal and Telecommunications Administration’s (CEPT) work on the compatibility between automotive SRR equipment and other uses of the 24 GHz band. Ofcom will consult with all interested parties on the implementation of the measures provided for in the relevant Decision including the exemption the temporary use of automotive SRR equipment at 24 GHz in due course.

1.6 This document sets out Ofcom’s decision to exempt the use of automotive SRR equipment at 79 GHz from wireless telegraphy licensing by making the final Regulations. The Regulations (2005/353) were made on 22 February 2005 come into force on 17 March 2005 and will shortly be published on the HMSO website. These are made in line with the 204/545/EC Decision, and are available in draft form in Annex 2 of this document.

1.7 Section 2 of this document discusses the background to Ofcom’s decision and sets out the representations received by Ofcom, Ofcom’s response to the representations and Ofcom’s notice to exempt the use of automotive SRR equipment at 79 GHz from wireless telegraphy licensing by making the final Regulations. Section 3 of this document sets out the extent of application, scope and effect of the Regulations. A Regulatory Impact Assessment (RIA) for the Regulations is available in section 4. The RIA sets out the risks, costs and benefits of the measures provided for in the Regulations and the effects that these measures may have on the costs to business.

The text of the full document is available in PDF format below.