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Introduction

1.1 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.

1.2 Exemption is realised by describing the details of equipment and the parameters under which it may be used in a Statutory Instrument (secondary legislation called Regulations) which exempts users of such equipment from the need to hold a WT Licence provided they comply with the terms of the Regulations. This documents contains proposals to modify existing Regulations for a number of reasons:

• 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. The 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 Commission (EC) Directives or 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 EC Decisions, and also some voluntary harmonisation measures designed to support the single market.

1.3 Ofcom plans to implement these changes by amending the current Wireless Telegraphy Exemption Regulations (the “Exemption Regulations”) which came into force in 2003.

Overview of Proposed Change

1.4 This consultation document contains a wide range of proposals to change arrangements for licence exemption in the UK which include:

• Citizens’ Band (CB) Radio – Measures to remove the need for users of CB radio, of which there are currently 20 thousand, 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 propose to permit the use of these devices on a licence-exempt basis;
• Measures to permit the use of the a range of new technologies and novel applications of radio without the need for users to obtain a licence from Ofcom:



• Inmarsat BGAN and High Density Fixed Satellite Service (HDFSS) satellite terminals;
• Narrow band use of 24GHz for short range radar (including automotive applications);
• Radar Level Gauges;
• Digital PMR 446 (“walkie talkies”).
• Measures, which are binding on the UK, to implement and ensure compliance with the following European Commission Decisions:



• The draft EC Decision establishing a framework for the harmonization of radio spectrum for use by short-range devices in the Community: It is our expectation that the European Commission will imminently issue this Decision, and whilst arrangements in the UK are already largely compliant with it we propose 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 the169.4-169.8125 MHz frequency band in the Community: This Decision makes spectrum available for a range of applications including hearing aids, social alarms and asset tracking.
• Commission Decision 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) 2005/513/EC: Although existing arrangement are believed to be fully compliant we propose 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.
• Editorial and minor changes designed to improve the clarity of current exemption arrangements and bring them fully up to date.

1.5 The detail of, and rationale for, each of the new exemption propositions is explained more fully in the relevant sections of this document. In addition further detailed technical information is provided, where appropriate, in the annexes to this document.

Document Structure

1.6 Section 2 provides general background to the policy and deregulatory framework of licence exemption.

1.7 Sections 3 to 11 describe proposals related to equipment exemption.

1.8 Section 12 describes the proposed editorial amendments to the 2003 Exemption Regulations.

1.9 A summary of the questions raised in this consultation is set out in Annex 1 and a Regulatory Impact Assessment can be found in Annex 2.

1.10 Annex 3 sets out the draft Interface Requirement 2030. This document specifies the acceptable technical parameters for operation in the UK on short range devices. The 2003 Exemption Regulations cross refer to IR2030 rather than listing the technical detail in the SI itself.

1.11 Annex 4 contains the Draft EC Decision covering short range devices.

Next steps

1.12 Following the closure of this consultation and having considered responses, Ofcom will issue a statement including the draft exemption Regulations which should, allowing for issues raised in response to this consultation, implement the proposals outlined in this document. It is a statutory requirement that Ofcom consult for one month on the draft exemption Regulations and at the end of this period Ofcom will seek to bring the Regulations into force. It is our current expectation that the new Regulations will be in force by December 2006.

The full document is available below:

• Wireless Telegraphy Licence Exemption - Amending the Wireless Telegraphy (Exemption) Regulations 2003 [pdf]
  Full Print Version

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