The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009

Summary

Executive summary

1.1 This document consults on draft regulations to exempt the use of a number of short range devices (SRDs) from the requirement to be licensed. This notice outlines our intention to make the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009 (the "Proposed Regulations").

1.2 The Proposed Regulations will implement the requirements of European Commission Decision 2009/381/EC of 13 May 2009 amending Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for use by short-range devices (the "SRD Amendment Decision"). All Member States are required to implement the SRD Amendment Decision by 1 November 2009. A copy of the SRD Amendment Decision can be found in Annex 6.

1.3 Under section 8(1) of the Wireless Telegraphy Act 2006, it is an offence to establish, install or use equipment to transmit without holding a licence granted by us, unless the use of such equipment is exempted. This notice outlines our intention to make the following devices licence exempt:

• Tank Level Probing Radar (TLPR) at 4.5-7, 8.5-10.6, 24.05-27, 57-64 and 75-85 GHz;
• Radio determination applications at 2400-2483.5 MHz and 17.1-17.3 GHz (including Ground Based Synthetic Aperture Radar GB-SAR); and
• Wideband data transmission systems (WBDTS) at 57-66 GHz (including wireless distribution of High Definition HD video).

1.4 We are also proposing to licence-exempt airborne use of the following equipment:

• WBDTS at 2400-2483.5 MHz and 57-66 GHz;
• Radio determination applications at 2400-2483.5 MHz;
• TLPR at 4.5-7, 8.5-10.6, 24.05-27, 57-64 and 75-85 GHz;
• Model Control at 26990-27000, 27040-27050, 27090-271000, 27140-27150 and 27190-27200 kHz; and
• Radio Frequency Identification at 2446-2454 MHz.

1.5 An impact assessment for the Proposed Regulations is available at Annex 4 to this document. The Proposed Regulations are included in this document at Annex 5. Further copies may be obtained from www.ofcom.org.uk or from Ofcom at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Comments on the Proposed Regulations are invited by 5pm on 30 June 2009. Subject to consideration of responses we intend to bring the new Regulations into force by August 2009.