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Summary

1.1 Ofcom proposes to make additional spectrum available for use by radio frequency identification (“RFID”) equipment in the range 865-868 MHz in line with the European Conference of Communications and Postal Administrations (“CEPT”) recommendation on Short Range Devices (CEPT/ERC/Rec 70-03 entitled Relating to the use of Short Range Devices SRD)( “the Recommendation”). RFID is a generic term for technologies that use radio waves to automatically identify objects.

1.2 Globalisation of the market and increased interest from businesses in the potential of RFID technology has led to a growing need for more international RFID solutions which utilise spectrum in a harmonised manner. Such solutions now have advanced technical characteristics necessary, for example, to allow for the co-location of multiple sensors which is a requirement of the retail and logistics industries. Implementation of the Recommendation will go some way towards addressing these requirements and enable the benefits of this new technology to be realised.

1.3 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.

1.4 Ofcom proposes to make the frequency band 865 to 868 MHz available for RFID by making regulations (a type of statutory instrument) which will permit the use of RFID equipment without the need to hold a licence under the 1949 Act. That exemption is, however, subject to the terms, provisions and limitations set out in the regulations. One of these is that the RFID equipment must not cause or contribute to any undue interference to any wireless telegraphy. Other terms, provisions and limitations are further explained in Section 3 of this document.

1.5 In order to exempt the use of the equipment Ofcom proposes to make regulations: the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 2005. A draft of these regulations (the “Proposed Regulations”) is set out at Annex 4. 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.

1.6 The Proposed Regulations are available for comment and are included at Annex 4 of this document. A number of statutory steps have to be taken to bring the regulations into force and this consultation forms part of that process.

1.7 Section 2 of this document discusses the background to Ofcom’s proposals and contains the notice of Ofcom’s intention to make the Proposed Regulations.

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

1.9 An Impact Assessment (IA) for the Proposed Regulations is available at Annex 5 to this document. The IA sets out the risks, costs and benefits of the proposals and the effects that these will have on the costs to business.

1.10 Comments are requested by 12 September 2005. Ofcom then intends to make the final Regulations shortly afterwards. Guidance on how to respond to this consultation is contained in Annex 1.

Privacy concerns

1.11 Ofcom recognises that although RFID is not new, the increasing proliferation and potential of the technology has raised questions concerning personal privacy. These concerns involve a wider range of issues which fall outside Ofcom’s statutory remit which extends in this instance, only so far as the authorisation of the use of radio equipment under the 1949 Act.

1.12 Prior to the publication of this Notice, Ofcom consulted with both the Department of Trade of Industry (DTI) and the Office of the Information Commissioner as to how concerns relating to RFID and privacy might best be addressed. It was agreed that, in the first instance, any concerns relating to privacy should be addressed to the DTI and not Ofcom (who are not the appropriate body to deal with such concerns). DTI contact details are contained in Annex 1of this document. In addition, the Office of the Information Commissioner has published a statement on its website which can be found at http://www.informationcommissioner.gov.uk/cms/DocumentUploads/RFID-Ofcom%20statement.pdf

The full document can be found below

• Responses
• Ofcom's decision to exempt the use of radio frequency identification equipment in the 865-868 MHz band from Wireless Telegraphy licensing
  Statement
• Notice of Ofcom's proposal to exempt the use of radio frequency identification equipment in the 865-868 MHz band from Wireless Telegraphy licensing [pdf]
  Full print version

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