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Executive Summary

Introduction

1.1 In accordance with the requirements of section 403(4) and (5) of the Communications Act 2003 (“the Act”) this document gives notice of Ofcom’s intention to amend the Wireless Telegraphy (Exemption) Regulations (2003) through the creation of new Regulations, the Wireless Telegraphy (Exemption)(Amendment) Regulations 2006 (“the Amendment Regulations”).

1.2 In the United Kingdom, Ofcom is responsible for the authorisation of civil use of the radio spectrum and achieves this by granting Wireless Telegraphy (“WT”) licences under the Wireless Telegraphy Act 1949 (the “1949 Act”) and by making Regulations exempting users of particular equipment from the requirement to hold such a licence. Under section 1 of the 1949 Act, it is an offence to install or use equipment to transmit without holding a licence granted by Ofcom, unless the use of such equipment is exempted.

1.3 In a consultation which was published on 14 July and closed on 22 September 2006 Ofcom described a number of proposals for licence exemption to which it received 67 non-confidential responses. These are listed in Annex 3 and are published on Ofcom’s website at http://www.ofcom.org.uk/consult/condocs/wtexemption/responses/. In addition Ofcom received two confidential responses to the proposals.

1.4 Of these 69 responses, in the case of each exemption proposal, the large majority of respondents either supported or voiced no objections to Ofcom’s plans. Ofcom has however, given consideration to those objections which were raised and these are addressed in Section 2 of this document. This consideration has not caused Ofcom to amend its proposals and subsequently this document gives notice of Ofcom’s intention to implement the proposals as originally.

1.5 Exemption is realised by describing the details of equipment and the parameters under which it may be used in Regulations which exempt users of such equipment from the need to hold a WT Licence provided they comply with the terms of the Regulations. There are a number of reasons for the current exemption proposals:

• Wherever possible Ofcom seeks to reduce the regulatory burden upon its stakeholders. One way in which it can do this is to remove the need for spectrum users to apply for individual licences to authorise the use of radio equipment.
• Ofcom aims to support the development of innovative radio technologies and applications. This document contains proposals to enable a range of such new technologies to be introduced into the UK and to operate on a licence-exempt basis, or to modify existing arrangements to reflect the evolution of existing technologies.
• Ofcom is responsible for implementing European Community legislation – usually in the form of European Commission Decisions – relating to radio spectrum. Such measures are binding on the UK and must be reflected in UK arrangements. This document sets out plans for implementing a range of new Commission Decisions, and also some voluntary harmonisation measures designed to support the single market.

1.6 Draft Regulations – the Wireless Telegraphy (Exemption)(Amendment) Regulations 2006 – are included in this document at Annex 1. Further hard copies of these Regulations are available from Ofcom at 2a Southwark Bridge Road, London SE1 9HA from the contact specified in Annex 4 for responding to this Notice. Comments on the draft are invited by 6 November 2006. Subject to consideration of responses Ofcom intends to bring the new Regulations into force in early December 2006.

1.7 Section 3 of this document sets out the extent of application, scope and intended effect of the Regulations

1.8 A Regulatory Impact Assessment (RIA) for the Regulations is available at Annex 2 to this document. The RIA sets out the risks, costs and benefits of Ofcom’s decision and the effects that these will have on the costs to business.

Overview of Proposed Changes

1.9 The changes to be implemented are as follows:

• Citizens’ Band (CB) radio – measures to remove the need for users of CB radio, of which there are currently 20,000, to obtain a licence from Ofcom;
• “micro” FM transmitters – these devices are designed to facilitate easy connection between audio sources (such as digital audio devices and MP3 players) and normal FM broadcast receivers by way of a radio link. Ofcom proposes to permit the use of these devices on a licence-exempt basis;
• a range of new technologies and novel applications of radio where users will not need to obtain a licence from Ofcom:
  • Inmarsat BGAN and High Density Fixed Satellite Service (HDFSS) satellite terminals;
  • narrow band use of 24 GHz for short-range radar (including automotive applications);
  • Radar Level Gauges; and
  • digital PMR 446 (“walkie talkies”);
• the implementation of the following Commission Decisions:
  • the draft Decision establishing a framework for the harmonisation of radio spectrum for use by short-range devices in the Community. It is our expectation that the Commission will imminently adopt this Decision, and whilst arrangements in the UK are already largely compliant with it we intend to implement a number of minor changes that will bring the UK fully in line with the Decision;
  • Commission Decision 2005/928/EC of 20 December 2005 on the harmonisation of the 169.4-169.8125 MHz frequency band in the Community. This Decision makes spectrum available for a range of applications including hearing aids, social alarms and asset tracking; and
  • Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs). Although existing arrangements are believed to be fully compliant we will make some minor changes to bring terminology fully into line with the Decision;
• a range of additional measures to harmonise, on a voluntary basis, with Europe where such measures are viewed as beneficial; and
• editorial and minor changes designed to improve the clarity of current exemption arrangements and bring them fully up to date.

• Notice of Ofcom’s Proposal to Amend the Wireless Telegraphy (Exemption) Regulations 2003 [pdf]
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