The Wireless Telegraphy (Exemption) Regulations 2021

Made: 20th April 2021

Coming into force: 12th May 2021

The Office of Communications (“OFCOM”), makes the following Regulations in exercise of the powers conferred by sections 8(3) and 122(7) of the Wireless Telegraphy Act 2006 (“the Act”).

Before making these Regulations, OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.

Citation and commencement

1

These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2021 and shall come into force on 12th May 2021.

Interpretation

2

In these Regulations—

• “the Act” means the Wireless Telegraphy Act 2006; and

• “GHz” means gigahertz.

• “MHz” means megahertz; and

• “non-geostationary satellite” means a satellite that does not remain fixed relative to a position on the surface of the earth.

Revocations

3

The Regulations specified in the Schedule are revoked to the extent specified.

Short range devices

4

The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with an interface requirement which forms part of the publication “IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices”, published by OFCOM in March 2023, is exempt from the provisions of section 8(1) of the Act, if—

• (a) it does not cause or contribute to any undue interference to any wireless telegraphy; and

• (b) in cases where the interface requirement does not state that airborne use is permitted, use is not airborne.

Fixed wireless systems

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

High density fixed satellite service systems

6

The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the interface requirements which form part of the publication “IR 2066 – UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS)”, published by OFCOM in March 2023, is exempt from the provision of section 8(1) of the Act, if—

• (a) it does not cause or contribute to any undue interference to any wireless telegraphy; ...

• (b) use is not airborne ; and

• (c) it is not connected to a non-geostationary satellite.

Personal locator beacons

7

The use of wireless telegraphy apparatus in the frequency band 406 to 406.1 megahertz complying with the interface requirements which form part of the publication “IR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land”, published by OFCOM in June 2021, is exempt from the provisions of section 8(1) of the Act, if—

• (a) it does not cause or contribute to any undue interference to any wireless telegraphy;

• (b) use is not airborne; and

• (c) it is not used on board a ship.

Earth stations on mobile platforms

8

The use of wireless telegraphy apparatus complying with the interface requirements which form part of the publication “UK Interface Requirement (IR) 2093 Earth Stations in Motion”, published by OFCOM in March 2023, is exempt from the provisions of sections 8(1) of the Act, if—

• (a) it does not cause or contribute to any undue interference to any wireless telegraphy;

• (b) it is not used on board an aircraft and use is not otherwise airborne; ...

• (c) it is not used on board a ship ; and

• (d) it is not connected to a non-geostationary satellite.

Citizens' Band Radio Equipment

9

The use of wireless telegraphy apparatus complying with the interface requirements which form part of the publication “IR 2027.2 – UK Radio Interface Requirement 2027.2 for AM/SSB and DSB use in the Citizens’ Band Radio Service”, published by OFCOM in June 2021, is exempt from the provisions of section 8(1) of the Act, if it does not cause or contribute to any undue interference to any wireless telegraphy.

SCHEDULE — Revocations

Signed

Philip Marnick — Group Director, Spectrum Group — 2021-04-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2006 c. 36. Section 8(3) and section 122(7) were extended to the Bailiwick of Guernsey by Article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3324); and to the Isle of Man by Article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278).

Editorial notes

[^c24496311]: 2006 c. 36. Section 8(3) and section 122(7) were extended to the Bailiwick of Guernsey by Article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3324); and to the Isle of Man by Article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278).

[^key-4c9e33fcb44be6610097cd2c262752b8]: Reg. 1 in force at 12.5.2021, see reg. 1

[^key-2f1907e373557d7ef7c166d0ab535efc]: Reg. 2 in force at 12.5.2021, see reg. 1

[^key-8796db77886d3af10364a8c3dfeb0f70]: Reg. 3 in force at 12.5.2021, see reg. 1

[^key-fae4dcfdac83dd5aa393ea8150550a7e]: Reg. 4 in force at 12.5.2021, see reg. 1

[^key-fedc743926a41e2a66547bd4eb4b1468]: Reg. 5 in force at 12.5.2021, see reg. 1

[^key-fede80d64b75e83239834e36e2313855]: Reg. 6 in force at 12.5.2021, see reg. 1

[^key-2aa78fa896573c7b50b9f3e260d83acc]: Reg. 7 in force at 12.5.2021, see reg. 1

[^key-d82c7b3cf9f2a9872d93ac928491b616]: Reg. 8 in force at 12.5.2021, see reg. 1

[^key-2d736a449c8872d7dd5c2a6140291270]: Reg. 9 in force at 12.5.2021, see reg. 1

[^key-f3cd02a0308db02c360751f610d513b0]: Sch. in force at 12.5.2021, see reg. 1

[^key-103287c545a08eda0a32e39e2be93cd6]: Words in reg. 7 substituted (30.8.2021) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021 (S.I. 2021/948), regs. 1, 3(5)

[^key-cd5302d03f1853456c5af949f3a45cac]: Words in reg. 9 substituted (30.8.2021) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021 (S.I. 2021/948), regs. 1, 3(7)

[^key-49711cf8e3945ebbd2de101d2d2eefcd]: Reg. 10 inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(7)

[^key-3268c15bb84d10aae922b5e3c55f4c62]: Words in reg. 6 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(5)(a)

[^key-27392619e838cc9f867b9067387a64c4]: Reg. 6(c) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(5)(d)

[^key-86bef32edd696cbe5c5e6f68b0d2ae3c]: Word in reg. 6(a) omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(5)(b)

[^key-6840e1b88ed4eb03b0fd38b93552bd1f]: Words in reg. 6(b) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(5)(c)

[^key-7d0dc060e3cb70fdb965dbf2dfd0aeaa]: Words in reg. 8 heading substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(6)(a)

[^key-e2dcb98de1c93608e20ee7ce75a760ee]: Words in reg. 8 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(6)(b)

[^key-b22943d559150c67390474fd1401b49f]: Word in reg. 8(b) omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(6)(c)

[^key-c07c1cc4c09f378b43da2437047158f1]: Word in reg. 8(c) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(6)(d)

[^key-211c68673aa02f23e25dae82ac6161cc]: Reg. 8(d) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(6)(e)

[^key-4d6f946fa66c2ff6fba0ca8d5a02e4ad]: Words in reg. 2 inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(2)

[^key-18b30951570b11feb97c270252b1d21d]: Words in reg. 4 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(3)

[^key-50948b212f6e5f0cd31f4a562fdcd4f8]: Reg. 5 omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243), regs. 1, 4(4)

Earth stations in motion

Safety related intelligent transport systems

10

• (1) The establishment, installation and use of wireless telegraphy stations or wireless telegraphy apparatus within the frequency band 5875 MHz to 5925 MHz is exempt from the provisions of section 8(1) of the Act, if—

• (a) it complies with the interface requirements which form part of the publication “IR 2086 – UK Interface Requirement 2086 Safety Related Applications of Intelligent Transport Systems”, published by OFCOM in March 2023;

• (b) it does not cause or contribute to undue interference to any wireless telegraphy; and

• (c) the wireless telegraphy stations or wireless telegraphy apparatus are, or are part of, a safety-related intelligent transport system.

• (2) In paragraph (1)(c) “intelligent transport system” means a system or service, based on information and communication technologies, including processing, control, positioning, communication and electronics, that is applied to a road transportation system.