General Guidance Notes on Licences Granted Under the Wireless Telegraphy Act 1949

1 Foreword

The purpose of this document is to explain the procedures that are undertaken for processing applications for use of the civil radio spectrum.

In the United Kingdom (UK), licences are issued by the Radiocommunications Agency (RA) for the civil use of radio. RA is an Executive Agency of the Department of Trade and Industry (DTI) and reports to the Secretary of State and other Ministers at the DTI. RA's main responsibility is to effectively manage the radio spectrum. RA also participates in wider fora, such as CEPT and ETSI which are European organisations (including non - European Union members) which set policy and standards for European radio usage and the International Telecommunications Union (ITU) which sets world wide policy.

These guidance notes are intended to supplement a series of information sheets about RA's services and licences (including specimen licences) which are available free of charge from the RA library and information service. This service is available from 08.30 until 17.30 Monday to Friday on 020 7211 0502 (or 020 7211 0505) (fax no 020 7211 0507). There is a 24 hour touch tone document retrieval service available on 020 7211 0211. Information sheet RA0 lists the currently available information sheets and is a useful initial source of information. Most of the information sheets are also available on the Agency's Internet web site which is located at:

www.radio.gov.uk

Or contact:

The Library and Information Service Radiocommunications Agency Wyndham House 189 Marsh Wall London E14 9SX

2 What is a radio licence and why do I need one?

In the UK, licences for using radio or radio equipment for communications or for other purposes are covered by the Wireless Telegraphy Act 1949 (the WT Act) and associated legislation. The WT Act prohibits any person establishing or using any station for wireless telegraphy or installing or using any apparatus except under the authority of a licence unless the apparatus has been exempted by regulation made by the Secretary of State (which is further explained in paragraph 2.1). Licences which are granted under the WT Act may give permission to transmit, provided the licence holder adheres to the conditions of the licence. There are also reciprocal arrangements in place between countries to allow the licensing of radio use on agreed frequencies for services such as shipping and aircraft.

At present, we issue licences under discrete areas which are listed at Annex A.

2.1 Exemptions

Some types of radio equipment (depending upon use) have been exempted from the requirement for a licence by regulations made under section 1 of the WT Act. Factors involved in determining exemptions can be:

	particular frequency allocated for transmission;
	power of transmission;
	use to which equipment is put;
	compliance of equipment with agreed national or international standards, whichever takes precedence;
	the service is not protected from interference from other authorised users.

Use of these types of devices continues on the basis that the apparatus shall not have the benefit of the assistance of the Secretary of State in avoiding, removing or reducing any interference suffered by the apparatus arising from other authorised use.

The majority of exemption regulations apply in the domestic area, such as cordless telephones, mobile phones, PMR 446 and short range devices (e.g. radio hearing aids, model control apparatus). Annex B summarises the services and equipment which are currently exempted.

2.2 Other licences

For some services using radio, other licences are also required in addition to WT Act licences. For example telecommunications services are also subject to the Telecommunications Act 1984 (the T Act), and operators of such services need to be covered by a licence under that Act. Similarly, independent broadcasting services transmitted under authority of a WT Act licence also need a licence under the Broadcasting Acts of both 1990 and 1996. Further information on WT Act licences which also require other licences is contained in Annex C.

3 Licensing procedures

3.1 Where to obtain a licence

Some WT Act licences are only available from our Headquarters; others are issued by our regional organisation (which covers all of the UK, the Isle of Man and the Channel Islands) because local knowledge can improve the quality of assignment. Other types of licence have been contracted out to private companies, either because they are easy and quick to process (e.g. ships licensing) or because they require particular expertise (e.g. programme making). The table at Annex C shows where licences can be obtained from and gives telephone numbers for enquiries on the individual licence classes issued under the WT Act.

3.2 What happens before a licence is granted ?

Before you can install or operate a service, or install or use equipment (unless the service or equipment has been made exempt), you will need to apply for a licence. The majority of licence applications are made by forwarding an application form to us. In the case of fixed links, electronic applications (e.g. via e-mail) are acceptable. In some cases , a competition may be held which would seek bids to use the spectrum and this is explained in more detail below.

Part of the licence issuing process may involve a procedure called site clearance. This is the process of investigating if the allocation of a particular frequency (or power output) at a particular site would cause interference to other users of the radio spectrum (e.g. to the military, emergency or aeronautical services).

Most of the licences issued by us are renewable annually, upon receipt of payment. If you are an existing licence holder, you will be sent a reminder letter six weeks before the renewal date. It will then be your decision to renew or cancel your licence, but it should be noted that the use of services if no fee is paid would be illegal, since the continued validity of the licence depends on the payment of annual fees.

3.3 Timescale for new licence issue

For new licence applications, there are published targets for licence issue after receipt of application, and the targets are as follows:

Category A: licences which do not require frequency assignment, site clearance or international co - ordination will be issued within 5 working days;

Category B: licences that require frequency assignment but no site clearance or international co - ordination: 90 % of applications to be processed and dispatched within 15 working days, with the remainder to be processed and dispatched within 25 working days;

Category C: licences which require frequency assignment and site clearance and / or international co - ordination: 90 % to be processed and dispatched within 40 working days and the remainder to be processed and dispatched within 60 working days.

3.4 Enforcement

Authorised RA officers have powers to investigate unlicensed use of radio or breaches of licence or exemption conditions. Enforcement action ranges from warnings to prosecution in the criminal courts. Minor breaches of licence conditions are often dealt with through Conformity Notices, with a deadline for corrective action to be taken. In more serious cases a station may be required to close for a specified period. In the most serious cases equipment may be seized for evidence in court and on conviction the courts may order it to be forfeit. Appeals against conviction may be pursued through the courts.

RA also exercises the Secretary of State's power to revoke licences where a licensee is not considered a fit and proper person to hold a licence. Revocation is not a punishment, but is intended to protect legitimate users of the radio spectrum. There is an appeals mechanism against revocation action.

There are also targets for investigation of complaints of interference which are as follows:

100 % of safety of life services complaints to be investigated within 24 hours;

98 % of business complaints to be investigated within 5 days and the remainder within 10 days;

98 % of domestic interference complaints to be investigated within one month, the mainder within one further month.

4 Terms and Conditions attached to licences

Certain terms and conditions (such as frequency allocated) are unique to certain individual licences. For example, the frequency allocated to an individual PBR licence holder would not be the same as that allocated to another PBR licence holder in close proximity, as this may cause interference. There may also be other conditions such as antenna height, power output etc. which would differ between licences. These individual terms and conditions are set out in technical schedules which are attached to the licences. Individual conditions may also apply in relation to persons authorised to use the equipment.

However, there are several terms and conditions which commonly apply to all licences and these are as shown at Annex D.

5 Licensing issue changes

In 1999 we introduced changes to the way licences are issued. Under the new system, licence holders who have several licences in the same licence class may harmonise their payment dates.

There are three broad types of licence issued:

Pre-packaged Licences: these include standardised conditions of use, with pre-determined frequencies or power output. Examples include ship or aircraft radio licence classes where there is no customised frequency assignment;

Customised Licences: these types of licence apply where applicants have a specific requirement which they have determined is unique to their business, e.g. they may need sole access to a channel within a defined geographical area which may be local, or to a region of the country, or nation-wide. In these cases detailed technical processing is required to tailor the frequency concerned so that it does not interfere with other users. These licences may also need site or frequency clearance;

Spectrum Licence: this licence type may be awarded as a result of a competition, or by detailed negotiations with RA. These are licences where a block of spectrum or set of pre-defined channels are agreed before the licence is issued. The licence holder then has responsibility for how that spectrum is used within agreed terms and conditions (for example, they may have to use specified equipment). Generally the licence holder will have exclusive use of this channel or frequency within a defined geographical area, or for national use.

A major rationale for introducing these changes is to support an improved basis for the charging of fees. Changes to licence fees and the setting of those fees have been taking place since 1998, as a result of new legislation, the Wireless Telegraphy Act 1998. For "pre-packaged" licences, RA expects to charge a single standard fee. For "customised", we charge a fee based on factors including the bandwidth or frequency, the geographical coverage and the degree of congestion by band or area. Before fees are set by Regulation, RA carry out public consultations with users. Copies of the consultation papers are located at the RA website, and are also available in hard copy from the library. More detailed information on fees charged is given in RA information sheet number 2.

The Wireless Telegraphy Act 1998 also provides that, when appropriate, licences may be awarded through an auction process, for example, the Universal Mobile Telephony System Licence, which is underway at the time of publication.

The information contained in this sheet is intended to meet the publicity requirement of the Directive of the European Parliament and of the Council dated 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (97/13/EC) ("the Licensing Directive").

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Annex A: licence classes available under the WT Act and their proposed future classification in types of spectrum access products anticipated.

Key:	P = Pre-Packaged Licence
	C = Customised Licence
	S = Spectrum Licence

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Annex B

Goods and services which are exempted from the individual licensing requirements of the WT Act by the Wireless Telegraphy (Exemption) Regulations 1999 SI No. 930.

1.1 Network User Stations

User equipment under Public Mobile Operator Licences;
Public Mobile data systems (Non Voice Only);
Extended Total Access Communications Systems (ETACS);
Total Access Communications Systems (TACS)
Digital cellular radio telephones; Global System for Mobile Communications (GSM);
Digital cellular PCN Radiotelephone; Personal Communications Network (PCN);
Public Access Mobile Radio Equipment (PAMR);
Common Base Stations (CBS).

1.2 Cordless Telephone Apparatus

Analogue cordless telephony apparatus which meets either the MPT 1322 or 1384 Standard;

Analogue cordless telephone extended range apparatus (Extended range CT1) which meets the MPT 1371 Standard;

Digital cordless telephone apparatus (CT2) which meets either the MPT 1334 or I-ETS 300 1331 Standards;

Digital cordless telephone apparatus (DECT) which meets the ETSI technical basis for regulation TBR 006 Standard.

1.3 Land Mobile Satellite Service (LMSS)

Land Mobile Earth Stations in the Inmarsat LMSS
Land Mobile Earth Stations in the Eutelsat LMSS
Land Mobile Earth Stations in the Italsat LMSS
Land Mobile Earth Stations in the Iridium
Land Mobile Earth Stations in the ICO
Land Mobile Earth Stations in the Globalstar

1.4 Short Range Devices

Cordless radio apparatus, emergency alarms, field disturbance and Doppler apparatus, fixed alarms, general purpose devices, induction system apparatus, lone worker safety alarms, mobile and transportable alarms, motor vehicle radio keys, motor vehicle theft paging alarm, narrow band radio microphones, radio hearing aids, short range data links, telemetry and telecommand apparatus, wide band radio microphones, high performance radio local area networks (HIPERLANS), narrow band domestic telemetry and telecommand devices, visual image transmission equipment, narrow band radio apparatus, Ultra-low power active medical implants, road and traffic telemetry.

1.5 PMR 446

Which meets European Standard ETS 300 296

1.6 Receive Only Devices

Statutory Instruments: For a full list of all Statutory Instruments which relate to Radiocommunications, please see the RA publication RA 101, "UK legislation and British standards relevant to Radiocommunications".

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Annex C: Useful Contact Points

FOR ALL OTHER ENQUIRIES PLEASE RING 020 7211 0211

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Annex D: Standard Licence Terms and Conditions For licences granted under the Wireless Telegraphy Act 1949

Authorisation: (this refers to the permission to transmit)
The Licence authorises the licensee to establish, install and use radio transmitting and receiving stations and/or radio apparatus as described in the schedule(s) (hereinafter together called "the radio equipment") subject to the terms set out in the licence and/or schedule.

Licence Term (i.e. how long the licence lasts for)
The licence shall continue in force from the date indicated, or from issue if not, provided that all the terms and conditions are adhered to, or until revoked by the Secretary of State or surrendered by the licensee unless a specific date of termination is stated (for example, a licence for programme making).

Licence Variation and Revocation (normal cases)
The Secretary of State may exercise his power to vary or revoke the licence by a written notice served on the licensee or by a general notice applicable to holders of this class of licence published by public broadcast or in the London, Edinburgh and Belfast Gazettes.

Modification, Restriction and Closedown
A person authorised by the Secretary of State may require the Radio Equipment, or any part thereof, to be modified or restricted in use, or temporarily or permanently closed down immediately if in the opinion of the person authorised by the Secretary of State:

1. a breach of the licence has occurred; and/or
2. the use of the Radio Equipment is causing or contributing to undue interference to the use of other authorised radio equipment.

The Secretary of State may require the Radio Equipment to be modified or restricted in use, or temporarily or permanently closed down either immediately or on the expiry of such period as he may specify.

1. in the event of long term spectrum planning; or
2. in the event of a national or local state of emergency being declared.

He shall exercise this power by a written notice served on the licensee or by a general notice applicable to holders of this class of licence published by public broadcast or in the London, Edinburgh and Belfast Gazettes.

Licence Variation and Revocation (only applicable to certain licences to grant security of tenure)
Pursuant to section 3A(4) of the WT Act, the Secretary of State may not revoke or vary the licence under section 1(4) of the 1949 Act save at the request or with the consent of the licensee except:

1. if there is no longer in force a licence granted to the licensee under section 7 of the T Act;
2. in accordance with the Fees paragraph of the Licence;
3. in accordance with section 3A (7) of the WT Act;
4. for reasons related to the management of the radio spectrum, provided that in such case the power to revoke may only be exercised after one year's notice is given in writing and after the Secretary of State has considered any pertinent factors;
5. if there has been a breach of any of the terms of the licence or the schedule(s) thereto.

Changes (i.e. change of address, equipment used etc.)
this licence may not be transferred.

The licensee must give prior or immediate notice to the Secretary of State in writing of any change in the details of the name and/or address recorded above.

Fees (licence cost)
The licensee shall pay to the Secretary of State the relevant fee as provided in section (1) of the WT Act (1998) and the Regulations made thereunder:

1. on or before the date of issue of the licence; and/or
2. on or before the fee payment date shown above each year, or on or before such dates as shall be notified in writing to the licensee, failing which the Secretary of State may revoke the licence.

Radio Equipment Use

The Licensee must ensure that the Radio Equipment is constructed and used only in accordance with the provisions specified in the schedule(s). These provisions include compliance with relevant (European or international) standards and will be listed in the operating conditions for each type of use. Any proposal to amend any detail specified in the schedule(s) must be agreed with the Secretary of State in advance and implemented only after the licence has been varied or reissued accordingly.

The licensee must ensure that the Radio Equipment is operated in compliance with the terms of this Licence and is used only by persons who have been authorised in writing by the licensee to do so and that such persons are made aware of, and of the requirement to comply with, the terms of the licence.

Access and Inspection

The licensee shall permit a person authorised by the Secretary of State:

a. to have access to the Radio Equipment; and

b. to inspect this Licence and the Radio Equipment,

at any and all reasonable times or, when in the opinion of that person an urgent situation exists, at any time to ensure the Radio Equipment is being used in accordance with the terms of this Licence.

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RA 342 JULY 2000