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GSM Gateways |
The Radiocommunications Agency (RA) has been made aware of devices being marketed in the UK which enable fixed telephone networks to connect via a mobile phone radio link directly to mobile networks. These devices are commonly referred to as 'GSM Gateways'. At present GSM Gateway equipment is not covered by the existing Wireless Telegraphy (Exemption) Regulations as the equipment is fixed and does not comply with the definition of a mobile station. As a result of this the attached letter was sent out by the RA.
Under the Wireless Telegraphy Act 1949 wireless telegraphy apparatus is required to be either licensed or specifically exempted from licensing, otherwise use of such apparatus is illegal. As GSM Gateway equipment and fixed "mobile" applications are not covered by the existing Exemption regulations, anyone installing or operating GSM Gateway equipment / fixed "mobile" applications without an individual licence will technically be in contravention of the Wireless Telegraphy Act 1949.
The Exemption Regulations (current version: "The Wireless Telegraphy (Exemption) Regulations 1999, SI 1999/930") were introduced originally to authorise network customers to use mobile handsets without the need for individual licensing. The sort of equipment developed since, not being 'mobile', is not covered by the Regulations and, depending on the type of use, may also fail Regulation 4(2) which prevents exempted equipment from providing a telecommunication service.
The RA therefore considers there to be a need to seek the views and requirements of operators, manufacturers and other interested parties in order to find a sensible and proportionate way forward as soon as possible. One reason for this is that the intensive 'public' use of Gateways and fixed "mobile" applications could affect the engineering stability of licensed networks in a particular area. It is not therefore a foregone conclusion that we can simply legitimise them, hence the need for a measured, pragmatic approach.
RA is therefore drafting a consultation on GSM Gateways which will be published on the RA's internet site and will address the regulatory issues, identify possible options and seek views on any proposals to amend the Regulations.
In the meantime should you have any enquiries regarding the RA's enforcement policy on GSM Gateways please contact Derek German (020 7211 0455), derek.german@ra.gsi.gov.uk
23 August 2002
GSM GATEWAYS - RA POSITION ON LEGALITY
The Radiocommunications Agency (RA) is aware of devices being marketed in the UK which enable fixed telephone networks to connect via a mobile phone radio link directly to mobile networks; these devices are commonly referred to as 'GSM Gateways'. This letter sets out the regulatory position for these devices, and outlines the future plans in relation to GSM Gateways.
The GSM spectrum has already been awarded in the UK to the cellular operators by licence on a nationally exclusive basis. This spectrum can not therefore be licensed to other users. Under the current Wireless Telegraphy (Exemption) Regulations 1999 (1999/930) hereafter referred to as "the Regulations", mobile GSM User Stations are exempt from the need for individual licensing under the Wireless Telegraphy Act 1949. The regulations do not extend to User Stations that are fixed.
Companies installing and/or using this type of equipment should be aware that GSM Gateway equipment is therefore not covered by the Regulations as the equipment is fixed and does not comply with the definition of a mobile station. In addition, regulation 4(2) of the Regulations provides that the exemption from licensing with respect to "relevant apparatus" does not apply to equipment where a telecommunications service is provided by way of business to another person. GSM Gateway equipment used to provide a public telecommunications service via a connection to a public network will be captured by regulation 4(2) and is therefore again not covered by the Regulations.
Under the Wireless Telegraphy Act 1949 wireless telegraphy apparatus that is not specifically exempted from licensing is required to be licensed, otherwise use of such apparatus is illegal. Anyone installing or operating GSM Gateway equipment without an individual licence will be in contravention of the Wireless Telegraphy Act 1949 and enforcement action may be taken. This can involve seizure of the equipment and prosecution.
Due to the wide range of views that have been expressed and the number of representations made to the RA regarding the legality of GSM Gateways the RA plans to hold a consultation that would address the regulatory issues, identify possible options and seek views on any proposals to amend the Regulations. Any initial views and comments on this subject can be sent to:
Richard Young
Public Wireless Networks Unit
Radiocommunications Agency
189 Marsh Wall
London, E14 9SX
Telephone: 020 7211 0239
I hope the above information is helpful.
Yours sincerely,
Cliff Mason
Hd Licensing Policy Team
Public Wireless Networks Unit
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