Consultation On Exemption Of User Stations - Statement

A Consultation (Public Wireless Networks – Exemption of User Stations) was launched on 4 November 2002. The consultation closed on 21 February 2003 and the responses and correspondence received raised many issues that required careful consideration. Following an extensive investigation and analysis of the responses the Government announced its decision in a press notice on 18 July 2003. This notice is available on:

http://www.radio.gov.uk/publication/press/2003/18july03.htm

The consultation, non-confidential responses and RA statements are also available on the RA web site

Use of GSM Gateways:

(a) Following the consultation the current definition of "User Station" in schedule 3 of the Wireless Telegraphy (Exemption) Regulations 2003/74 (the Regulations) has been extended to cover any customer of the network, irrespective of its fixed or mobile status. The Regulations will be amended when they are next revised. This will legitimise a number of private use applications that developed outside the existing regulatory framework.

(b) Commercial use of the GSM spectrum is authorised only by the Wireless Telegraphy Act licences of the Mobile Network Operators (MNOs). Subject to the MNOs being able to fulfil all the legal and regulatory requirements of their licences, authorisations and related legislation (i.e. Regulatory Investigatory Powers Act 2000), it is conceivable that MNOs may be able to agree commercial ventures with other companies where traffic and connection to a relevant network would be authorised under the auspices of their WT Act licences. As the planning and control of the equipment, spectrum and network needs to be tightly controlled by the relevant licensee, GSM Gateway companies offering third party commercial services must approach the MNOs to discuss whether their operation can be regularised and accommodated. Operation without the authority and permission of a licensee is unlicensed use and will be illegal.

However, whilst the general restriction of provision of commercial services to third parties over exempt devices (except where otherwise specifically provided for in the Regulations) is maintained, the Government is eager for the MNO’s and GSM Gateway Operators to consider ways to address this issue pragmatically between themselves.

Contact Details:

(a) For all enquiries relating to competition, business / commercial issues relating to communication networks and consumer affairs please contact:

Department of Trade and Industry – Business Relations, Companies, Information and Industries Directorate (BRCII)

Mike Klym
151 Buckingham Palace Road
London
SW1W 9SS

Tel: 020 7215 1783
Email: mike.klym@dti.gsi.gov.uk

Office of Telecommunications (Oftel)
50 Ludgate Hill
London
EC4M 7JJ

Tel: 020 7634 8700
Fax: 020 7634 8845
Web Site: www.oftel.gov.uk

(b) For enquiries relating to spectrum enforcement and interference issues please contact:

Radiocommunications Agency – Enforcement and Interference Policy

Kirk Hollingsworth
Wyndham House
189 Marsh Wall
London
E14 9SX

Tel: 020 7211 0711
Email: kirk.hollingsworth@ra.gsi.gov.uk

(c) For enquiries relating to public licensing policy please contact:

Radiocommunications Agency – Public Wireless Networks Unit

Richard Young / Robert Emson
Wyndham House
189 Marsh Wall
London
E14 9SX

Tel: 020 7211 0239 / 020 7211 0568
Email: richard.young@ra.gsi.gov.uk or robert.emson@ra.gsi.gov.uk

(d) For enquiries relating to spectrum and cellular engineering issues please contact:

Radiocommunications Agency – Public Wireless Networks Unit

Martin Fenton
Wyndham House
189 Marsh Wall
London
E14 9SX

Tel: 020 7211 0248
Email: martin.fenton@ra.gsi.gov.uk

(e) for enquiries to the relevant cellular Mobile Network Operators in direct relation to GSM Gateways please contact:

Hutchison 3G UK Limited
Clare Gilbert
27b Floral Street
Covent Garden
London
WC2E 9DP

Tel: 020 7010 9200
Email: clare.gilbert@three.co.uk

O2 (UK) Limited
Waseem Khan
260 Bath Road
Slough
Berkshire
SL1 4DX

Tel: 01753 565855
Email: Waseem.Khan@O2.com

Orange Personal Communication Services Ltd
Peter Dunn
50 George Street
London
W1U 7DZ

Tel: 020 7984 1600
Email: peter.dunn@orange.co.uk

T-Mobile (UK) Ltd
Tony Wiener / Robyn Durie
Hatfield Business Park
Hertfordshire
AL10 9BW

Tel: 01707312290 / 01707314499
Email: Tony.Wiener@t-mobile.co.uk / robyn.durie@t-mobile.co.uk

Vodafone Ltd
Martin Woodford
The Courtyard
2-4 London Road
Newbury
Berkshire
RG14 1JX

Tel: 01635 677994
Email: martin.woodford@gb.vodafone.co.uk