Wireless Telegraphy Act Regulations

These Regulations exempt the establishment, installation and use of certain wireless telegraphy stations or apparatus, known as “mobile repeaters”, which comply with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36).

These Regulations also revoke the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2018 (c.399) (the “2018 Regulations”). The mobile repeaters that are exempted are those used indoors and those which are used in motor vehicles.

These Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I.s 2012/1075, 2013/917, 2014/1295, 2015/1334, 2015/1995 and 2016/643) (“the 2011 Regulations”). These Regulations provide for charges to be paid to the Office of Communications (“OFCOM”) in respect of wireless telegraphy licences granted under section 8 of the Wireless Telegraphy Act 2006 (c. 36) (“the Act”).

These Regulations set the charges - licence fees - for most classes of wireless telegraphy licence (regulation 4 and Schedule 2). They also provide for pro-rated licence fees, subject to a minimum of £32 in the case of Shared Access licences and otherwise £20, for licences issued for less than one year where the fees for a full year’s licence would otherwise be £75 or more (regulation 4).

Name of Amendment

In July 2019 Ofcom proposed an amendment to the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2018 to allow for technical amendments to the existing licence exemptions for in vehicle repeaters.

Ofcom decided to include a provision that would increase the permitted antenna gain of devices and allow them to operate in the 2.6GHz band. Ofcom believe these changes would permit for newer repeater models to be developed as well as allow for exisiting devices to be used both in the United Kingdom and across Europe

These Regulations give effect to EU obligations of the United Kingdom contained in the Commission Implementing Decision 2016/2317/EU of 16th December 2016 amending Decision 2008/294/EC and Implementing Decision 2013/654/EU to simplify the operation of mobile communications on board aircraft (MCA services) in the Union (OJEU No L 345, 20.12.2016, p 67). These Regulations revoke the Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2014 (S.I. 2014/953).

These Regulations exempt the use of any wireless telegraphy apparatus which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). The apparatus must be on board an aircraft which is registered in the British Islands and the exemption applies when the aircraft is flying over the British Islands and the territorial waters adjacent thereto, or, for the time being, beyond the British Islands and the territorial waters adjacent thereto (regulation 4).

These Regulations give effect to EU obligations of the United Kingdom contained in the Commission Implementing Decision 2017/191/EU of 1 February 2017 amending Decision 2010/166/EU in order to introduce new technologies and frequency bands for mobile communication services on board vessels (MCV services) in the European Union (OJEU No L 29, 3.2.2017, p 63). These Regulations revoke the Wireless Telegraphy (Mobile Communication Services on Board Ships) (Exemption) Regulations 2011 (S.I. 2011/316).

These Regulations exempt the use of wireless telegraphy apparatus which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). The apparatus must be on board a ship which is registered in the British Islands and the exemption applies when the ship is within the limits of the British Islands and the territorial waters adjacent thereto, or, for the time being, beyond the British Islands and the territorial waters adjacent thereto (Regulation 4).

These Regulations amend the Wireless Telegraphy (Exemption and Amendment) Regulations 2010 (S.I. 2010/2512 as amended by S.I. 2011/3035, S.I. 2013/1253, and S.I. 2014/1484).

These Regulations extend the exemption for establishing, installing and using short-range devices. A copy of IR 2030—UK Interface Requirements 2030 Licence Exempt Short Range Devices,

These Regulations amend the Wireless Telegraphy (Licensing Procedures) Regulations 2010 (S.I. 2010/1823) (the “principal Regulations”).

Regulation 3 amends regulation 5(3) of the principal Regulations, which sets out the information to be provided by an applicant for the grant of a licence in respect of a station.

Regulation 4 amends regulation 6 of the principal Regulations, which gives particulars of the terms, provisions and limitations to which a licence is made subject.

Regulations 5 to 8 amend the provisions in the Schedule to the principal Regulations concerning the information required for certain classes of licence.

These Regulations amend the Wireless Telegraphy (Exemption) Regulations (S.I. 2003/74, amended by S.I. 2003/2155, 2005/3481, 2006/2994, 2008/236, 2008/2426, 2010/2512, 2011/2950, 2013/1254) (the “principal Regulations”).

Regulation 3 of these Regulations amends regulation 3(1) of the principal Regulations by inserting the definition of “body”.

Regulation 4 of these Regulations amends regulation 4 of the principal Regulations by introducing additional circumstances in which the exemption in regulation 4(1) of the principal Regulations shall apply.

These Regulations amend Schedule 1 to the Wireless Telegraphy (White Space Devices) (Exemption) Regulations 2015 (S.I. 2015/2066). The list of organisations in Schedule 1 is amended to include additional organisations.

These are organisations which may operate databases from which white space devices may obtain master operational parameters and slave operational parameters.

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I. 2012/1075, S.I. 2013/917, S.I. 2014/1295, S.I. 2015/1334 and S.I. 2015/1995).

These Regulations enable the annual charges payable for licences for use of frequencies in the 28 GHz spectrum band to be payable in ten equal instalments where the amount payable by a licence holder for any one or more licences held exceeds £100,000.

The Regulations also increase the charges which may be payable for licences in the Aeronautical Sector and for the Local TV DTT Multiplex licence in the Broadcasting Sector. The Regulations also add new fees for licences for Manually Configurable White Space Devices and for Spectrum Offshore licences

These Regulations amend the Wireless Telegraphy (Exemption) Regulations 2003 (S.I. 2003/74) (“the Principal Regulations”) to widen the classes of wireless telegraphy apparatus whose establishment, installation and use are exempted from the requirement to be licenced under section 8(1) of the Wireless Telegraph Act 2006 (c.36) (“the Act”).

Regulation 2 amends Part III of Schedule 3 to the Principal Regulations to extend the licence exemption for Long term evolution (LTE) radiotelephones and Worldwide interoperability for microwave access (WiMax) radiotelephones to cover additional frequency bands.

Regulation 2 also amends Part IV of Schedule 3 to the Principal Regulations to refer to the technical requirements that must be complied with in order for the exemptions to apply.

These Regulations exempt the establishment, installation or use of wireless telegraphy apparatus and wireless telegraphy stations from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36) (“the Act”).

Regulation 4 sets out the terms under which this exemption applies. Ofcom has granted authorisations for use of the relevant frequencies under The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010 (S.I. 2010/672) (“the 2010 Regulations”).

The 2010 Regulations implemented in the United Kingdom the European Parliament and Council Decision 626/2008/EC of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (OJ L 172 2.7.2008 p. 15) and the Commission Decision 2009/449/EC of 13 May 2009 on the section of operators of pan-European systems providing mobile satellite services (OJ L 149 12.6.2009 p. 65).

These Regulations give effect to Commission Decision 2014/702/EU(a) amending Decision 2007/131/EC on allowing the use of radio spectrum equipment using ultra-wideband technology in a harmonised manner in the Community.

The Regulations exempt the establishment, installation or use of equipment using ultra-wideband technology from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36) (“the Act”). Parts 2 to 7 of the Regulations provide exemptions for the general use of ultra-wideband equipment, for ultra–wideband equipment in location tracking systems, automotive vehicles, railway vehicles, onboard aircraft, in material sensing devices and for building material analysis (all complying with certain terms, provisions and limitations) from the need to be licensed under the Act.

These regulations revoke and replace the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009 (S.I.2009/2517) and the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption)(Amendment) Regulations 2010 (S.I. 2010/2761).

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I. 2012/1075, S.I. 2013/917 and S.I. 2014/1295 ).

These Regulations increase the charges which may be payable for licences in the Aeronautical sector, add new fees for licences for High Duty Cycle Network Relay Points and change the radio frequencies in which the fee rates for Point to Point Fixed Links in the 7.42 – 7.9 GHz band are applied.

The Regulations change the description of the fees for the Public Wireless Network licence in each of Jersey, Guernsey and the Isle of Man.

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I. 2012/1075, S.I. 2013/917, S.I. 2014/1295 and S.I. 2015/1334).

These Regulations specify the sum which is payable for licences awarded under the Wireless Telegraphy (Broadband Fixed Access Licences) Regulations 2000 (“the 2000 Regulations”) for use of frequencies in the 28 GHz spectrum band. These licences authorise use of radio frequencies within the geographic regions of the United Kingdom described in Part 1 of the Schedule to the 2000 Regulations.

This Order is made under section 29 of the Wireless Telegraphy Act 2006 (“the Act”). Section 29 of the Act implements Article 7(1)(c) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) as amended by Directive 2009/140/EC.

Under section 29(1) of the Act OFCOM may, if they consider it appropriate for the purpose of securing the efficient use of the electromagnetic spectrum, impose limitations on the use of particular frequencies, make an order imposing the limitations.

These Regulations give effect to EU obligations of the United Kingdom contained in the Commission Decision 2013/654/EU of 12th November 2013 amending Decision 2008/294EC to include additional access technologies and frequency bands for mobile communications services on aircraft (MCA services) (OJ No L 303 14.11.2013, p. 48).

These Regulations exempt the use of any wireless telegraphy apparatus which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). The apparatus must be on board an aircraft which is registered in the British Islands or the Isle of Man and the exemption applies when the aircraft is flying over the British Islands and the territorial waters adjacent thereto, or, for the time being, beyond the British Islands and the territorial waters adjacent thereto (Regulation 4).

The terms, provisions and limitations for the exemption to apply are set out in regulation 5. These include the requirement that apparatus complies with specified standards published by the European Telecommunications Standards Institute (“ETSI”) (regulation 5(1)). The apparatus must only be used when the aircraft is three thousands metres or more above the ground (Regulation 5(4)(b)). Further technical requirements are also specified in regulation 5. Some of these requirements relate to the base transceiver station to which the apparatus is connected (in the case of UMTS and LTE systems, the base transceiver station is commonly known as “Node B”).

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I. 2012/1075 and S.I. 2013/917) (the “Principal Regulations”).

These Regulations increase the maximum fees which may be payable for wireless telegraphy licences in the Aeronautical sector, add new fees for licences in the Broadcasting sector and change the names of licence classes in the Public Wireless Network sector.

The Regulations also introduce new fees for licences in the Point to Point Fixed Links sector.

These Regulations revoke and replace the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No.2) Regulations 2005, the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No.2) (Amendment) Regulations 2008 and the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No.2) (Amendment) Regulations 2010.

These Regulations contain two exemptions from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c. 36). Both exemptions are for the establishment or installation of automotive short range radar equipment in a vehicle and the use of automotive short range radar equipment so established or installed. The first exemption applies where the establishment or installation is in a vehicle which was registered, placed on the market or put into service in the Community during the period starting on 1st July 2005 and ending on 30th June 2013, or is in a vehicle in which equipment was so established or installed in order to replace that equipment.

The second exemption applies where the establishment or installation is in a vehicle which was registered, placed on the market or put into service in the Community after 30th June 2013, or is in a vehicle in which equipment was so established or installed in order to replace that equipment. Different technical conditions apply to each of the two exemptions.

These Regulations implement the Commission Decision 2005/50/EC on the harmonisation of 24 GHz radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (OJ No. L 21, 25.1.05, p. 15) as amended by Commission Implementing Decision 2011/485/EU amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (OJ No. L 198, 30.7.2011, p. 71).

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I. 2012/1075) (the “Principal Regulations”).

These Regulations increase the maximum fees which may be payable for licences in the Aeronautical sector, remove fees for licences (which are no longer granted) in the Broadcasting sector and add new fees for licences in the Business Radio sector and in the Satellite Services sector.

The Regulations also amend Schedules 9 and 13 to the Principal Regulations to change the fees charged for licence classes in the Maritime sector.

These Regulations give effect to EU obligations of the United Kingdom contained in the Commission Decision of 19 March 2010 on harmonised conditions of use of radio spectrum for mobile communication services on board vessels (MCV services) in the European Union (OJ No L 72 20.3.2010, p. 38).

These Regulations exempt the use of wireless telegraphy apparatus which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). The apparatus must be on board a ship which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands and the exemption applies when the ship is within the limits of the British Islands and the territorial waters adjacent thereto, or, for the time being, beyond the British Islands and the territorial waters adjacent thereto (Regulation 3).

The apparatus must only be used when the ship is two nautical miles or more from the baseline for measuring the breadth of the territorial waters under the United Nations Convention on the Law of the Sea (Regulation 4(2)(b)). Further technical requirements are also specified in regulation 4.

These Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 2005 (S.I. 2005/1378 as amended by S.I.s 2006/2894, 2007/2326, 2008/139, 2008/2106 and 2009/66) (“the 2005 Regulations”). These Regulations provide for charges to be paid to the Office of Communications (“OFCOM”) in respect of wireless telegraphy licences granted under section 8 of the Wireless Telegraphy Act 2006 (c. 36) (“the Act”). T

hese Regulations set the charges - licence fees - for most classes of wireless telegraphy licence (regulation 4 and Schedule 2). They also provide for pro-rated licence fees, subject to a minimum of £20, for licences issued for less than one year where the fees for a full year’s licence would otherwise be £75 or more (regulation 4).

These Regulations prescribe the procedures for the determination by the Office of Communications (“OFCOM”) of an application for a grant of a wireless telegraphy licence.

These Regulations revoke and replace the Wireless Telegraphy (Licensing Procedures) Regulations 2006 (S.I. 2006/2785).