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Summary

1.1 Ofcom will soon make spectrum available in the range 865-868 MHz for use by radio frequency identification (“RFID”) equipment 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 In a consultation launched on 9 August 2005, Ofcom proposed making the frequency band 865 to 868 MHz available for RFID by making regulations (a type of statutory instrument) which permits 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. A draft of these regulations: the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 2005 was included in the consultation which closed on 12 September 2005. The Regulations are currently undergoing the final stages of the statutory process necessary to bring them into force. We expect this process to be completed in the next month and Ofcom will inform stakeholders when this is done. Ofcom thought it prudent to make a statement at this time to address any uncertainty amongst stakeholders as to the outcome of the consultation. Once in force the final regulations can be viewed at http://www.opsi.gov.uk/stat.htm

1.5 Ofcom received 6 non-confidential responses to the proposals and these are listed in Annex 1. In addition Ofcom received 2 confidential responses to the proposals. The non-confidential responses are published on Ofcom’s website and can be viewed at: http://www.ofcom.org.uk/consult/condocs/wireless865_868/responses/.

1.6 Section 2 of this document discusses the background to Ofcom’s proposals, the responses to the consultation and Ofcom’s comments. Following consideration of responses, this Statement confirms that the regulations will be as described in the August-September consultation.

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

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

The full document is available below:

• Ofcom's decision 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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