Notice of Ofcom’s proposals for changes to licence exemption for Wireless Telegraphy Devices

Executive Summary

1.1 This document outlines our decisions in relation to the consultation we published on 12 March 2010 Licence exemption of wireless telegraphy devices (the 2010 Consultation) ^(-1-). In accordance with the requirements of section 122(4) and (5) of the Wireless Telegraphy Act 2006 (the WT Act) this document gives notice of our intention to make the Wireless Telegraphy (Exemption) (Amendment) Regulations 2010 (the Proposed Regulations).

1.2 In the 2010 Consultation we outlined proposals to change the licence exemption regime for a number of devices. We received twelve non-confidential responses to the consultation, the respondents are listed in Annex 8 of this document and copies of their responses are available on our website ^(-2-). Of these responses the majority of supported our plans. We have however, given consideration to objections and comments which were raised and these are addressed in Section 2 of this document.

1.3 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 us, unless the use of such equipment is exempted. The Proposed Regulations would implement a number of exemptions that we canvassed in the 2010 Consultation, including measures to:

• Liberalise current licence exemption criteria for:
  • High Density Fixed Satellite Services (HDFSS);
  • Railway Level Crossing Radar;
  • Underwater system use below 30 MHz; and
  • A number of short-range devices (SRDs).
• Implement 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) ^(-3-);
• Enable the use of mobile phones at 900 and 1800 MHz to connect to a UMTS network without the need for a licence in preparation for the implementation of Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community ^(-4-).
• Introduce Ofcom policy decisions that we have consulted separately on:
  • 59 to 64 GHz Fixed Links ^(-5-).

1.4 An impact assessment for the Proposed Regulations is available at Annex 5 to this document. The Proposed Regulations are included in this document at Annex 6. 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 6 September 2010. Subject to consideration of responses we intend to bring the new regulations into force by November 2010.

The full document is available below

Footnotes:

  1.-http://stakeholders.ofcom.org.uk/binaries/consultations/devices/summary/devices.pdf

  2.-http://stakeholders.ofcom.org.uk/binaries/consultations/devices/responses/

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

  4.-http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:274:0032:0035:EN:PDF

  5.-http://stakeholders.ofcom.org.uk/binaries/consultations/59_64ghz/summary/condoc.pdf