Public Wireless Networks - Exemption of User Stations - A consultation document

1. EXECUTIVE SUMMARY

1.1 The Radiocommunications Agency (RA) is seeking views by 21 February 2003 on the regulatory issues surrounding the exemption of fixed user stations.

1.2 Under the Wireless Telegraphy Act 1949, wireless telegraphy apparatus that is not specifically exempted from licensing must be licensed, otherwise its use is illegal. The current Wireless Telegraphy (Exemption) Regulations 1999 (SI 1999/930), hereafter referred to as 'the Exemption Regulations', incorporate earlier legislation introduced to exempt mobile user stations - such as Global System for Mobile communications (GSM) handsets - from the need for individual licensing. However, the Exemption Regulations do not extend to fixed user stations (i.e. those that do not comply with the definition of a mobile station).

1.3 RA is aware of devices, being marketed in the UK, that enable fixed telephone networks to connect directly to mobile networks via a mobile phone radio link; these devices are commonly called 'GSM gateways'. Recent years have also seen the development of various fixed 'mobile' telematic applications such as vending machines and automatic transfer machines (ATMs), which use licensed public networks spectrum to deliver a service. Other fixed devices connecting to data, paging or Public Access Mobile Radio (PAMR) networks may also be inadequately covered; their status under the Exemption Regulations needs to be clarified.

1.4 Leaving aside the question of whether they are fixed or mobile, user stations may - depending on the type of use - also fail Regulation 4(2), which precludes the provision of a telecommunications service via exempted equipment. GSM gateways appear to be used mainly for private commercial use (i.e. gateways installed as extensions to PABX¹ systems, where companies are self-providing services for their staff). However, some service providers wish to use a gateway as a link from their own network to a cellular network to carry third-party traffic and thus provide a telecommunications service. This is a grey area at present, as these service providers cannot be licensed under the Wireless Telegraphy Act 1949 - the cellular radio frequencies are already licensed to UK cellular network operators on a nationally exclusive basis, so cannot be licensed to other commercial users.

1.5 RA has discussed these issues with representatives from the licensed network operators, manufacturers of telephony equipment and individuals. Because of the wide range of views expressed regarding the legality of GSM gateways, RA issued a statement on 23 August 2002 and a website notice on 4 October 2002. This consultation document seeks to address the regulatory issues, identify the options and seek views on proposals to amend the existing Exemption Regulations. The views and requirements of operators, manufacturers and other interested parties are therefore sought, to find a sensible and proportionate way forward.

1.6 All views received by 21 February 2003 will be considered carefully, and RA will publicise whatever decision is taken. If the decision is to proceed with the proposals, a Statutory Instrument will be prepared and laid before Parliament.

¹ Private Automatic Branch eXchange – an automatic telephone switching system for providing access to the public telephone system. A PABX usually serves a single commercial entity and is located on its premises.

Download  Word Document (84KB) Download PDF File (41KB)