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Summary

Introduction

1.1 This document gives notice of Ofcom’s proposal to make Regulations exempting the use of spectrum by equipment using ultra-wide band (UWB) technologies. UWB is a generic term for technologies typically characterised by the emission of very low power radiation spread over a very large radio bandwidth. Ofcom is required to comply with a European Commission Decision (the “Decision”), the implementation of which is mandatory on all European Union (EU) Member States by 21 August 2007.

1.2 In order to implement the required changes Ofcom proposes to make a new Statutory Instrument, The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007 (the “Proposed Regulations”).

1.3 A draft of the Proposed Regulations is included in Annex 5 of this document. Further hard copies of these regulations are available from Ofcom at 2a Southwark Bridge Road, London SE1 9HA from the contact specified in Annex 1 for responding to this Notice. Comments on the proposed regulations are invited by 5pm on 6 July 2007. Subject to consideration of responses Ofcom intends to make the new Regulations so they are in force to meet the 21 August implementation date.

1.4 In accordance with the requirements of section 122(4) of the Wireless Telegraphy Act 2006 (“the Act”) this document enables stakeholders to comment on the drafting of the Proposed Regulations. Ofcom does not consider it appropriate to first conduct a policy consultation for the following reasons:

• Ofcom previously consulted on policy considerations with respect to UWB technology in January 2005 (the “Ofcom consultation”); and
• Implementing the Proposed Regulations is mandatory to ensure that Ofcom complies with the Decision addressed to Member States to authorise the use of UWB equipment on a licence-exempt basis.

Background

1.5 In the United Kingdom, Ofcom is responsible for the authorisation of civil use of the radio spectrum and achieves this by granting Wireless Telegraphy licences under the Act and by making Regulations exempting users of particular equipment from the requirement to hold such a licence. Under section 8(1) of the 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.

1.6 Globalisation of the marketplace and increased interest from businesses in the potential of UWB technology has led to a growing need for more international solutions which utilise spectrum in a harmonised manner for UWB technology. UWB solutions now have the advanced technical characteristics necessary, for example, to allow for the co-location of multiple devices in a small area which is a requirement of the Short Range Device, consumer electronics, retail and logistics industries. Implementation of the Decision on UWB will go some way towards addressing these requirements and enable the benefits of this new technology to be realised.

1.7 Ofcom consulted on policy considerations with respect to UWB technology in January 2005. On review of the responses to the Ofcom consultation the overriding view of stakeholders appeared to indicate that in order to maximise the benefits available to UK citizens from the implementation of UWB technology that Ofcom should work with the relevant European bodies to achieve a harmonised approach throughout Europe for generic UWB devices.

1.8 After further stakeholder meetings Ofcom published a paper in September 2005 which set out the UK’s strategy for the implementation of UWB technology in Europe. For more details see http://www.ofcom.org.uk/consult/condocs/uwb/uwb_statement/

1.9 After lengthy negotiations and discussions between Member States, the Decision to allow the use of the radio spectrum for equipment using UWB technology in a harmonised manner in the Community was published on 21 February 2007. The Decision requires that Member States make available the use of radio spectrum for UWB technology on a non-interference and non-protected basis. The full text of the Decision is reproduced at Annex 6 of this document.

1.10 The Decision was addressed to all Member States to implement as early as possible, but no later than 21 August, six months following the entry into force of the Decision.

1.11 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 legislation. This document sets out plans for implementing the new Commission Decision,

1.12 Wherever possible Ofcom seeks to reduce the regulatory burden on 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.

1.13 Ofcom aims to support the development of innovative radio technologies and applications. This document contains proposals to enable new technologies to be introduced into the UK and to operate on a licence-exempt basis.

1.14 To implement the new Decision, Ofcom proposes to make spectrum available by a Statutory Instrument (Regulations) which permits the use of UWB equipment without the need to hold a licence under the 2006 Act

1.15 Section 2 of this document discusses the background to Ofcom’s proposal in more detail.

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

1.17 Details on how to respond to this Notice are set out in Annexes 1 through 3.

1.18 A Regulatory Impact Assessment (RIA) for the Proposed Regulations is available at Annex 4 to this document.

1.19 A draft of the Proposed Regulations is provided at Annex 5 and a copy of the Decision is at Annex 6.

• Notice of Ofcom’s proposal to make (Ultra-Wideband Equipment) (Exemption) Regulations [pdf]
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