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Executive Summary

Introduction

1.1 Ofcom is responsible for authorising of civil use of the radio spectrum and achieves this by granting wireless telegraphy (“WT”) licences under the Wireless Telegraphy Act 2006 (the “2006 Act”) and by making Regulations exempting users of particular equipment from the requirement to hold such a licence. Under section 8(1) of the 2006 Act, it is an offence to install or use equipment to transmit without holding a licence granted by us, unless the use of such equipment is exempted. However under Section 8(4) of the 2006 Act we must make Regulations to exempt equipment if its installation or use is unlikely to cause undue interference.

1.2 Exemption is realised by describing the details of equipment and the parameters under which it may be used in a Statutory Instrument that exempts users of such equipment from the need to hold a WT licence provided they comply with the terms of the Regulations.

Overview of Proposed Changes

1.3 This consultation document contains a range of proposals to change arrangements for licence exemption in the UK. These include:

• measures to permit the use of a range of new technologies and novel radio applications of radio without the need for users to obtain a licence from us -
  • Building Material Analysis devices using Ultra Wide Band technologies; and
  • High Density applications in the Fixed Satellite Service (HDFSS);
• measures to amend the use of licence-exempt Meter Reading & Asset Tracking devices;
• measures to harmonise with Europe where such measures are legally required or viewed as beneficial; and
• measures to simplify the regulatory process.

1.4 The detail of, and rationale for, each of the new exemption proposals is explained more fully in the relevant sections of this document.

1.5 We plan to implement these changes by amending the current Wireless Telegraphy Exemption Regulations (the “Exemption Regulations”), which came into force in 2003.

Responding to this consultation

1.6 We would welcome comments or views on any aspect of this document by 5pm on 27 November 2007. In particular:

Next steps

1.7 Following the closure of this 10 week consultation and having considered responses, we plan to issue a statement including the draft Exemption Regulations that should, allowing for issues raised in response to this consultation, implement the proposals outlined in this document. We will consult on the draft Exemption Regulations and then will seek to bring the Regulations into force by March 2008.

• Wireless Telegraphy Licence Exemption [pdf]
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