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Section 1

Summary

1.1 In January 2005, as part of its eSafety initiative to improve road safety in Europe, the European Commission adopted a Decision (2005/50/EC) (the “Decision”) on the harmonisation of the 24 GHz range radio spectrum band (21.65 to 26.65 GHz) for the time-limited use by automotive short range radar equipment (“SRR equipment”) in the community. The Decision required that the 24 GHz band be designated and made available for SRR equipment until 30 June 2013 (the reference date). The Decision 2005/50/EC is available at Annex 4 of this document.

1.2 The Decision was addressed to all Member States, and the measures provided for in it are to be implemented by 1st July 2005.

1.3 To implement the Decision Ofcom proposed in our consultation of 21st April 2005 to:

1. make the band available for this purpose by a statutory instrument (regulations) which permits the use of SRR equipment without the need to hold a licence under the Wireless Telegraphy Act 1949 (the “1949 Act”):
2. keep this exemption available until 30 June 2013 (thereafter only use of equipment which was installed in a vehicle before this date or subsequently installed to replace such equipment will be permitted under this exemption); and
3. (iii) take steps to ensure interference is not caused to existing users of the band.

1.4 In order to exempt the use of the equipment Ofcom has made new regulations: the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No.2) Regulations 2005 (the “Regulations”). These Regulations have been made in line with the measures provided for in the Decision.

1.5 Ofcom received 20 non–confidential responses to the proposals which are listed in Annex 1. In addition Ofcom received three confidential responses to the proposals.

1.6 The non-confidential responses are published on Ofcom’s website and can be viewed at: http://www.ofcom.org.uk/consult/condocs/24ghz/responses/ Respondents referred to a number of common themes summarised as follows:

(i) Support for the Decision and implementation:

a. Support for the Decision in recognition that it is an integral part of the Commission’s eSafety programme;
b. Support for Ofcom 'constructive and forward looking' proposals for implementing the Decision through the rapid introduction of Regulations;
c. Support for the licence exemption approach to authorisation.

(ii) General dissatisfaction with the Decision:

a. Primary users of the 24GHz band will suffer interference from automotive SRR and that their concerns have not been adequately considered in the Decision;
b. The use of the 24GHz band may act as a disincentive to the development of automotive SRR equipment in the 79GHz band;
c. Ofcom does not have to implement the Decision and questions were raised as to the effectiveness of the role that Ofcom plays in EC discussions;
d. Amateur radio users may interfere with automotive SRR equipment and be held responsible for any accidents caused as a result.

iii) Practicalities and resources available to implement the Decision:

a. Ofcom does not have sufficient resources to monitor and respond to interference complaints;
b. Manual deactivation of equipment within exclusion zones will be difficult to enforce;
c. Exclusion zones are only applied around radio astronomy sites and not extended as a means of protection against interference to other primary users of the band.

(iv) The Regulatory Impact Assessment:

a. The validity of the benefit analysis calculation;
b. The negative effect on the automotive recovery business of a reduction of accidents.

1.7 Ofcom has considered the above comments and notes that:

1. The Decision on the use of automotive SRR in the 24GHz band was made following the European Conference of Postal and Telecommunications Administrations’ (CEPT) work on the compatibility between automotive SRR equipment and other uses of the 24 GHz band. This ECC Report 023 concluded that the use of automotive SRR equipment at 24 GHz was not assumed to present high interference potential to the majority of services in the band.;
2. The Decision does however, make provision for EC Member States to submit information pertaining to levels of interference should this be experienced post implementation, and to call for a review of the Decision at any time as well as protecting radio astronomy sites. Ofcom's implementation plan is designed to address, as far as possible, concerns over interference and commits to carry out its own review of interference levels (initially on an annual basis) to establish the level and nature of any interference. The designation of the 24GHz band is time limited in recognition that a proliferation of equipment on the market would raise interference levels. In line with the Decision, member states are required to monitor market penetration;
3. The Decision clearly states that the designation of this band is time limited until 2013. (The Regulations will be amended at the relevant times to reflect the requirements of the Decision);
4. The 24 GHz frequency band is designated for use by SRR equipment in the UK Plan for Frequency Authorisation on a non-interference and non-protected basis. No protection is offered from interference incurred from licensed users in the band.
5. The European Parliament delegated authority on taking radio spectrum Decisions under 672/2002/EC to the Radio Spectrum Committee. This Committee took the Decision on 24GHz automotive radio use. Ofcom actively participates in discussions at this level as a representative of Her Majesty’s Government; however EC Decisions are made on a qualified majority basis. The Decision must be implemented by Member States and Ofcom is the relevant part of the UK government with the legal powers to licence (and exempt from licensing) users of wireless telegraphy;
6. Ofcom has established procedures for investigating and resolving interference issues and these will apply in the case of 24GHz. Additionally Ofcom is equipped to undertake monitoring of levels of interference in the band;
7. The 24 GHz frequency band is designated for use by SRR equipment in the UK Plan for Frequency Authorisation in accordance with the Decision on a ‘non-interference and non-protected’ basis;
8. Ofcom will work with the Department for Transport (DfT) and the Society of Motor Manufacturers and Traders (SMMT) to ensure that where applicable manufacturers provide customers with the relevant information detailing the location of exclusion zones and the requirement to deactivate SRR equipment within them. Ofcom notes that expected levels of penetration of manually deactivated devices in the period up to 30 June 2007 are low thus minimising the risk of unintended interference caused by drivers of vehicles fitted with SRR equipment. The Radio Astronomy community have been consulted and are satisfied with this course of action;
9. The CEPT interference assessment study and the Decision identify the observance of exclusion zones in relation to radio astronomy sites as the only additional mitigation technique to provide protection to existing users in the band.

Ofcom’s notice to exempt the use of automotive SRR equipment at 24 GHz from wireless telegraphy licensing

1.8 Ofcom has an obligation to transpose EU Decision number 2005/50/EC into UK law and has consulted purely on the basis of how we implement the Decision. Under the Communications Act 2003, Ofcom has an obligation to consult on all regulations that it makes.

1.9 Ofcom is making the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No.2) Regulations 2005 in order to exempt the establishment, installation and use of SRR equipment in the 24 GHz range from the requirement under section 1(1) of the 1949 Act to hold a licence. The Regulations are available in Annex 2 of this document.

1.10 The general effect of the Regulations, including Ofcom’s strategy for implementing the Decision is discussed in section 3 of this document.

1.11 A Regulatory Impact Assessment (RIA) for the Regulations is available in section 4. The RIA sets out the risks, costs and benefits of the proposals and the effects that the proposals will have on costs to business.

The full document is available below

• Ofcom’s decision to exempt the use of automotive short-range equipment in the 24 GHz band from Wireless Telegraphy licensing [pdf]

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