The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1994

Made: 31st August 1994

Laid before Parliament: 7th September 1994

Coming into force: 1st October 1994

The Secretary of State, in exercise of the powers conferred by sections 1(1) and 3(1)(a) and (b) of the Wireless Telegraphy Act 1949[^f00001]and now vested in him[^f00002], the power conferred on him by section 84(1)(b) of the Telecommunications Act 1984[^f00003]and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1994 and shall come into force on1st October 1994.

Interpretation

2

In these Regulations “the Principal Regulations” means the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993[^f00004].

Amendment of the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993

3

In regulation 3 of the Principal Regulations—

• (a) after the word “Regulations” in line 1 there shall be inserted the words “unless the context otherwise requires”;

• (b) after the definition of “authorised person” there shall be inserted the following—

• “direct sequence spread spectrum modulation” means a form of modulation where a combination of data to be transmitted and a known code sequence (chip sequence) is used to directly modulate a carrier;

• (c) after the definition of “field strength” there shall be inserted the following—

• “frequency hopping spread spectrum modulation” means a technique in which the transmitted signal occupies a number of frequencies in time, each for some period of time;

; and

• (d) after the definition of “mW” there shall be inserted the following—

• “public telecommunication system” shall be construed in accordance with section 9(1) of the Telecommunications Act 1984;

4

For regulation 4 of the Principal Regulations there shall be substituted the following—

(4) (1) Subject to paragraph (2) below and regulation 5, the establishment, installation and use of any relevant short range device are hereby exempted from the provisions of section 1(1) of the Wireless Telegraphy Act 1949. (2) The exemption in paragraph (1) above shall not apply to any relevant short range device of a description set out in paragraph 14 of the Schedule hereto forming part of a public telecommunication system.

5

In the Schedule to the Principal Regulations—

• (a) for paragraph 4 there shall be substituted the following—

(4) Wireless telegraphy apparatus designed or adapted— (a) for the transmission of non-verbal signals to wireless telegraphy receiving apparatus installed in or upon a building or vessel in order to activate an alarm; and (b) so as to be capable of use only on one of the frequencies and at a power not exceeding the maximum for such frequencies specified in the table below—

• (b) paragraph 8 shall be deleted;

• (c) for paragraph 9 there shall be substituted the following—

(9) Wireless telegraphy apparatus designed or adapted— (a) for the transmission of non-verbal signals to wireless telegraphy receiving apparatus giving warning that the animal, object or person to which the wireless telegraphy transmitting apparatus is attached or located in or upon requires attention or is being interfered with; and (b) so as to be capable of use only on one of the frequencies and at a power not exceeding the maximum for such frequencies, specified in the table below—

; and

• (d) for paragraph 14 there shall be substituted the following—

(14) Wireless telegraphy apparatus designed or adapted— (a) for the provision of short range data links; and (b) so as to be capable of use only within the frequency bands and at a power not exceeding the maximum for such frequency bands, for each category of apparatus, specified in the table below—

Signed

Ian Taylor — Parliamentary Under-Secretary of State — 31st August 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 (S.I. 1993/1591), which provide for the exemption from the licensing requirements of section 1(1) of the Wireless Telegraphy Act 1949 of various short range devices.

The Regulations provide that the exemption shall not apply to certain short range devices forming part of a public telecommunication system (regulation 4).

The Regulations extend the range of frequencies on which Fixed Alarms and Mobile and Transportable Alarms may operate to include the frequency which formerly appeared under the category in the Schedule dealing with Marine Alarms. The latter category has been deleted (regulation 5).

The Regulations also extend the categories of Short Range Data Links to include Wideband Wireless Data Systems known as Radio Local Area Networks (RLANS) designed for indoor and/or outdoor use using spread spectrum modulation (regulation 5).

Footnotes

[^f00001]: 1949 c. 54; there are amendments to section 1(1) not relevant to these Regulations.

[^f00002]: Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3; 1969/1371, article 2; 1974/691, article 2.

[^f00003]: 1984 c. 12.

[^f00004]: S.I. 1993/1591.