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Licensing & Co-ordination |
1.
Radio Licensing - General
2. Interface Regulations
3. Licensing Directive
4. UK Planning Permission
5. Site Clearance
6. Enforcement
It is a general requirement for signatories to the International Telecommunications Union that national authorities licence radio transmissions within their own territories ( ITU Article 24 s2020).
Within the UK it is a legal requirement of Section 1 of the Wireless Telegraphy Act 1949 that radiotransmission equipment in the UK is licensed. While exemptions exist for specific cases e.g. low power, all satellite earth station transmissions must comply with the WT Act(s).
Receive only equipment generally does not require licensing provided it is receiving authorised transmissions. [1989 SI No 123 Wireless Telegraphy Apparatus (Receivers)(Exemption) Regulations 1989.]
Guidance literature on general radio licence categories is available as RA 342 from the Agency.
Equipment connected to a PTN will additionally require a Telecommunications Act 1994 Licence.
Under the R&TTE Directive the UK will establish Interface Requirements to facilitate efficient spectrum utilisation and licensing within the administration.
The EC Commission has been active in seeking to reduce the burden of legislation for the telecommunications market, and in 1997 produced the EC Licensing Directive 97/13/EC
Directive 97/13/EC has defined a common EU regulatory framework to be applied after 1st January 1998. Regulatory conditions have been introduced which favour the application of "general authorisations" for non-radio telecommunications equipment. The directive is intended to limit the overall number of individual licences and harmonise the relevant procedures and conditions under which they are granted.
Prospective licensees are advised to consult the planning department of relevant local district authority(s) as to additional requirements for planning permission that may be regionally enforced. Unless a satellite dish is less than 90 cm in diameter it is unlikely that planning permission consent can be avoided. General guidance literature for satellite television dishes is available from the Department of Environment, PO Box 236 Wetherby, West Yorkshire, LS23 7NB.
Clearance procedure allows for consultation between the agency’s Licensing unit and interested parties to take account of sharing issues and proximity to airports, defence establishments etc. It is normally applied whenever either the intended power level exceeds 17 dBW or else the antenna height exceeds 30m above ground level.
A rapid clearance system exists for VSATs in the band 14 to 14,25 GHz provided the transmitter power level is below 48 dBW eirp.
A transmitting offence under the WT Act 1949 will attract a maximum penalty in the UK of £5000 and/ or imprisonment for a term not exceeding 6 months when tried at a magistrates court. If the trial is held at higher court before a jury the penalty may be an unlimited fine and/ or 2 years imprisonment. It is also an offence to supply or take into service equipment that is not EMC compliant, contravene a prohibition notice, make a false Declaration of Conformity or misuse the CE mark, or not keep the relevant records.
The regulatory position is explained in "The Radio Users Guide to the Law" RA 67 (Rev 11) August 1997.
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