Decision to make the Wireless Telegraphy (Exemption and Amendment) Regulations 2010

Statement published 20|10|10

Summary

1.1 This statement confirms that, following a formal consultation, the Wireless Telegraphy (Exemption and Amendment) Regulations 2010 (the Regulations) were made by us on14 October 2010, and are coming into force on 1 November 2010 . The Regulations can be obtained through the Office of Public Sector Information (OPSI). ^(-1-)

1.2 The Regulations permit the following devices to operate on a licence exempt basis:

• Railway level-crossing radars at 24 GHz;
• Fixed Wireless Services (FWS) at 59.1 to 63.9 GHz.; and
• 900 and 1800 MHz Universal Mobile Telecommunications System (UMTS) terminals.

1.3 In addition, the Regulations also liberalise the technical criteria for:

• Short Range Devices (SRDs) below 30 MHz when operating underwater;
• High Density Fixed Satellite Services (HDFSS); and
• SRDs covered by the Commission Decision of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (the SRD Decision) ^(-2-).

1.4 Before deciding to make the Regulations, in accordance with the requirements of section 122(4) of the Wireless Telegraphy Act 2006 (the WT Act), on 26 July 2010 we published a Statutory Notice ^(-3-) (the Notice) containing a draft of the Wireless Telegraphy (Exemption) (Amendment) Regulations 2010 (the Proposed Regulations) and invited comments from stakeholders. We received one response to our consultation.

1.5 On reviewing the Proposed Regulations we decided to make a number of minor changes. The changes that we introduced into the Regulations are outlined in section 3 of this document. None of the changes alter the technical parameters for the devices. The changes were designed to make the regulations clearer for stakeholders to understand.

1.6 We are required to comply with the SRD Decision, the implementation of which is mandatory on all European Union (EU) Member States, by 1 November 2010. This statement confirms that we have made the Regulations which will come into force on 1 November 2010.

Footnotes:

  1.- A link to the online version will be found at http://www.legislation.gov.uk/

  2.-http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:166:0033:0041:EN:PDF

  3.-http://stakeholders.ofcom.org.uk/consultations/wireless-telegraphy-devices/