The Wireless Telegraphy (Exemption) Regulations 1999


Published: 1999-03-22

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Statutory Instruments
1999 No. 930

TELEGRAPHS
The Wireless Telegraphy (Exemption) Regulations 1999

Made
22nd March 1999

Laid before Parliament
23rd March 1999

Coming into force
19th April 1999

The Secretary of State, in exercise of the powers conferred by sections 1(1) and 3(1)(a) and (b) of the Wireless Telegraphy Act 1949(1) as enacted, and now vested in him(2), the power conferred on him by section 84(1)(b) of the Telecommunications Act 1984(3), and of all other powers enabling him in that behalf, hereby makes the following Regulations–

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 1999 and shall come into force on 19th April 1999.

Revocation

2.  The Regulations set out in Schedule 1 are hereby revoked.

Interpretation

3.—(1) In these Regulations–

“the 1949 Act” means the Wireless Telegraphy Act 1949;

“the 1984 Act” means the Telecommunications Act 1984;

“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus as described in Part III of Schedule 6;

“authorised person” means any person authorised by the Secretary of State for the purpose of regulation 6;

“CEPT” means the European Conference of Postal and Telecommunications Administrations(4);

“Common Technical Regulation (CTR)” shall be construed in accordance with regulation 3(3) of the Telecommunications Terminal Equipment Regulations 1992(5);

“eirp” means equivalent isotropically radiated power, as defined in the Radio Regulations;

“erp” means effective radiated power, as defined in the Radio Regulations;

“EN45001 and EN45002” means European Standards (Normes Européenne) EN45001 and EN45002 published in September 1989 by the British Standards Institution;

“ETSI” means the European Telecommunications Standards Institute(6);

“ISO guides 25 and 58” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in 1990 and 1993 respectively;

“national administration” means the national administration of a country listed in Schedule 2;

“public switched telephone network” means a public telecommunication system by means of which two-way voice telephony services are provided whereby messages are switched incidentally to their conveyance;

“the Radio Regulations” means the 1998 edition of the Radio Regulations made under Article 13 of the Constitution of the International Telecommunication Union(7);

“relevant apparatus” means the prescribed apparatus as defined in Schedules 3 to 7 hereto;

“station” means a station for wireless telegraphy; and

“test laboratory” means a test laboratory which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002.

(2) In these Regulations, “connected”, “convey”, “telecommunication apparatus”, “telecommunication service” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act, and “public telecommunication system” shall be construed in accordance with section 9(1) of the 1984 Act.

Exemption

4.—(1) Subject to regulation 5, the establishment, installation and use of the relevant apparatus are hereby exempted from the provisions of section 1(1) of the 1949 Act.

(2) The exemption in paragraph (1) shall not apply to relevant apparatus which is established, installed or used to provide or to be capable of providing a wireless telephony link between telecommunication apparatus, or a telecommunication system, and a public switched telephone network, by means of which a telecommunication service is provided by way of business to another person.

Terms, provisions and limitations

5.—(1) The exemption provided for in these Regulations shall be subject to the terms, provisions and limitations that–

(a)the relevant apparatus shall not cause or contribute to any undue interference to any wireless telegraphy; and

(b)frequency bands relating to the relevant apparatus are for terrestrial use only, unless otherwise stated in Schedule 6.

(2) Such exemption shall also be subject to such additional terms, provisions and limitations as are specified in the Schedules hereto in respect of the relevant apparatus.

Inspection and restrictions on use

6.—(1) Where an authorised person has reasonable cause to believe that any relevant apparatus is not complying with regulation 5, any person who is in possession or control of the relevant apparatus shall, on the demand of that authorised person–

(a)permit and facilitate its inspection by that authorised person; and

(b)cause its use to–

(i)cease; or

(ii)be restricted in the manner specified by that authorised person,

for a period of time ending either on a date or on the occurrence of an event specified by that authorised person.

(2) Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the relevant apparatus.

Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
Michael Wills
22nd March 1999

Regulation 2

SCHEDULE 1REVOCATIONS

(1)
(2)

Regulations revoked
References

The Wireless Telegraphy (Exemption) Regulations 1980

S.I. 1980/1848

The Wireless Telegraphy (Exemption) (Amendment) (Model Control Apparatus) Regulations 1987
S.I. 1987/776

The Wireless Telegraphy Apparatus (Land Mobile-Satellite Service) (Low Bit Rate Data) (Exemption) Regulations 1993
S.I. 1993/21

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993
S.I. 1993/1591

The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1994
S.I. 1994/2250

The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1995
S.I. 1995/1081

The Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1996
S.I. 1996/316

The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1997
S.I. 1997/1996

The Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997
S.I. 1997/2137

Regulation 3(1)

SCHEDULE 2LIST OF NATIONAL ADMINISTRATIONS

Country
Symbol

Albania
AL

Andorra
AND

Austria
A

Belgium
B

Bosnia and Herzegovina
BH

Bulgaria
BG

Croatia
HR

Cyprus
CY

Czech Republic
CZ

Denmark
DK

Estonia
EST

Finland
FI

France
F

Germany
D

Greece
GR

Hungary
H

Iceland
IS

Ireland
IRL

Italy
I

Latvia
LV

Liechtenstein
FL

Lithuania
LT

Luxembourg
L

Malta
M

Moldova
MLD

Monaco
MC

Netherlands
NL

Norway
N

Poland
PL

Portugal
P

Romania
RO

Russian Federation
RUS

San Marino
RSM

Slovak Republic
SK

Slovenia
SLO

Spain
E

Sweden
S

Switzerland
CH

The Former Yugoslav Republic of Macedonia
MK

Turkey
TR

Ukraine
UA

United Kingdom of Great Britain and Northern Ireland
GB

Vatican City
SCV

Regulation 3(1)

SCHEDULE 3NETWORK USER STATIONS

PART IINTERPRETATION

In this Schedule–
“BABT” means the British Approvals Board for Telecommunications(8);

“BTx” means Base Transmit, the frequency on which a base station transmits and a user station receives;

“MPTs 1324 and 1326” means Department of Trade and Industry Performance Specifications 1324 and 1326 referred to in Part IV of this Schedule;

“MTx” means Mobile Transmit, the frequency on which a user station transmits and a base station receives;

“NTR 13” means Designation No. 95/037 NTR 13 given under section 22(6) of the 1984 Act by the Secretary of State on 14th December 1995;

“prescribed apparatus” means a user station as defined below;

“relevant network” means a telecommunication system consisting exclusively of stations established and used under and in accordance with a licence, which has been granted under section 1(1) of the 1949 Act by the Secretary of State and is of a type specified in Part III of this Schedule; and

“user station” means a mobile station for wireless telegraphy designed or adapted–

(a)
to be connected by wireless telegraphy to one or more relevant networks; and

(b)
to be used solely for the purpose of sending and receiving messages conveyed by a relevant network by means of wireless telegraphy.



PART IIADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

The prescribed apparatus shall be subject to and comply with the Common Technical Regulations referred to in Part IV of this Schedule as appropriate, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus–
(a)is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations;
(b)is approved to the ETSI standards or the draft ETSI standards referred to in Part IV as appropriate by a national administration following type testing at a test laboratory;
(c)complies with the requirements of MPT 1324 or MPT 1326 as appropriate in relation to prescribed apparatus taken into service before section 84 of the 1984 Act came into force(9); or
(d)complies with the BABT performance standards referred to in Part IV as appropriate,
provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.


PART IIITYPE OF LICENCE GRANTED UNDER SECTION 1(1) OF THE 1949 ACT FOR THE ESTABLISHMENT AND USE OF RELEVANT NETWORKS

Public Mobile Operator Licences

1.  Public mobile data systems licensed for use in the following frequency bands–

105–165 MHz

174–208 MHz

420–470 MHz

(for non-voice only operation)

2.  Cellular radiotelephone systems licensed for use in the following services on the relevant frequency bands–

(a)cellular radiotelephones:

Extended Total Access Communications System (ETACS):

872–888 MHz (MTx)

917–933 MHz (BTx)

Total Access Communications System (TACS):

890–905 MHz (MTx)

935–950 MHz (BTx)

(b)digital cellular radiotelephones:

Global System for Mobile communications (GSM):

905–915 MHz (MTx)

950–960 MHz (BTx)

(c)digital cellular PCN radiotelephones:

Personal Communications Network (PCN):
1805–1880 MHz (MTx)

1710–1785 MHz (BTx)

3.  Public access mobile radio systems licensed for use in the following frequency bands–

174–208 MHz

410–430 MHz

Common Base Station Operator Licence

Common base station systems licensed for use in the following frequency bands–

81–87 MHz

162–167 MHz

440–449 MHz.

PART IVCOMMON TECHNICAL REGULATIONS AND STANDARDS

GSM

CTR 005—Commission Decision of 21st December 1993 on a common technical regulation for the general attachment requirements for public pan-European cellular digital land-based mobile communications(10), including the ETSI Technical Basis for Regulation (TBR) TBR 005 published in November 1993.

CTR 009—Commission Decision of 21st December 1993 on a common technical regulation for the telephony application requirements for public pan-European cellular digital land-based mobile communications(11), including the ETSI Technical Basis for Regulation TBR 009 published in November 1993.

I-ETS 300 020–1 (Edition 2) published by ETSI in January 1995.

TBR 019 published by ETSI in October 1996.

TBR 020 published by ETSI in October 1996.

Public mobile data systems

Final Draft pr ETS 300 113 published by ETSI in March 1996.

ETS 300 113 published by ETSI in July 1996.

ETACS/TACS

Department of Trade and Industry Performance Specification MPT 1324 published in 1983 and revised and reprinted in July 1994.

NTR13.

PCN

BABT Special Investigation Test Schedule (SITS) 92/50 published in March 1991 and revised and reprinted in June 1995.

Final Draft pr TBR 031: 1996–02 published by ETSI in February 1996.

Final Draft pr TBR 032: 1996–02 published by ETSI in February 1996.

Public access mobile radio systems

ETS 300 086 published by ETSI in January 1991.

ETS 300 113 published by ETSI in July 1996.

I-ETS 300 219 published by ETSI in October 1993.

Department of Trade and Industry Performance Specification MPT 1326 published in November 1985 and revised and reprinted in May 1993.

Common base station systems

ETS 300 086

ETS 300 113

MPT 1326.

Regulation 3(1)

SCHEDULE 4CORDLESS TELEPHONE APPARATUS

PART IINTERPRETATION

In this Schedule–
“data message” means a non-voice message;

“MPTs 1322, 1334, 1371 and 1384” means Department of Trade and Industry Performance Specifications 1322, 1334, 1371 and 1384 referred to in Part IV of this Schedule; and

“prescribed apparatus” means any station or apparatus described in Part III of this Schedule.


PART IIADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

Unless there is a Common Technical Regulation in force in respect of the prescribed apparatus, such apparatus must–
(a)be approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations;
(b)be approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory; or
(c)comply with the requirements of MPTs 1322, 1334, 1371 and 1384 as appropriate in relation to prescribed apparatus taken into service before section 84 of the 1984 Act came into force,
provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.


PART IIIDESCRIPTIONS OF THE PRESCRIBED APPARATUS

Analogue Cordless Telephone Apparatus (CT1)

1.  Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with MPT 1322–

(a)to be used to send and receive voice or data messages to be conveyed over a telecommunication system to which the base station is connected; and

(b)so as not to operate on more than one of the pairs of frequencies set out below at any one time–

Channel No.
Base station transmission frequency
Portable station transmission frequency

1

1642.00 kHz

47.45625 MHz

2
1662.00 kHz
47.46875 MHz

3
1682.00 kHz
47.48125 MHz

4
1702.00 kHz
47.49375 MHz

5
1722.00 kHz
47.50625 MHz

6
1742.00 kHz
47.51875 MHz

7
1762.00 kHz
47.53125 MHz or 47.44375 MHz

8
1782.00 kHz
47.54375 MHz

2.  Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with MPT 1384–

(a)to be used to send and receive voice or data messages to be conveyed over a telecommunication system to which the base station is connected; and

(b)so as not to operate on more than one of the pair of frequencies set out below at any one time–

Channel No.
Base station transmission frequency
Portable station transmission frequency

1
31.0375 MHz
39.9375 MHz

2
31.0625 MHz
39.9625 MHz

3
31.0875 MHz
39.9875 MHz

4
31.1125 MHz
40.0125 MHz

5
31.1375 MHz
40.0375
MHz

6
31.1625 MHz
40.0625 MHz

7
31.1875 MHz
40.0875 MHz

8
31.2125 MHz
40.1125 MHz

Analogue Cordless Telephone Extended Range Apparatus (Extended Range CT1)

3.  Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with MPT 1371–

(a)to be used to send and receive voice or data messages to be conveyed over a telecommunication system to which the base station is connected; and

(b)so as to operate on either of the pairs of frequencies set out below–

Channel No.
Base station transmission frequency
Portable station transmission frequency

1
47.43125 MHz
77.51250 MHz

2
47.41875 MHz
77.55000 MHz

Digital Cordless Telephone Apparatus (CT2)

4.  Apparatus conforming, at the time it is manufactured, to MPT 1334 or the Interim European Telecommunications Standard I-ETS 300 131 referred to in Part IV and consisting of one or more base stations and one or more portable stations designed or adapted–

(a)to be used to send and receive voice or data messages or visual images in digitised packets in time division duplex mode bi-directionally to be conveyed over a telecommunication system to which the base station is connected; and

(b)so as to operate in a 100 kHz channel within the frequency band 864.1–868.1 MHz.

Digital European Cordless Telecommunications Apparatus (DECT, also known as Digital Enhanced Telecommunications Apparatus)

5.  Apparatus conforming, at the time it is manufactured, to the ETSI Technical Basis for Regulation TBR 006 referred to in Part IV(12) and consisting of one or more base stations, repeater stations and portable stations designed or adapted–

(a)to be used to send and receive voice or data messages or visual images either directly between a base station and a portable station or between a base station and a portable station by relay through a repeater station in digitised packets in time division duplex mode bi-directionally to be conveyed over a telecommunication system to which the base station is connected; and

(b)so as to operate within the frequency band 1880–1900 MHz(13).

For the purposes of this paragraph, “repeater station” means a station which relays the voice or data message or visual image between the base station and one or more portable stations.

PART IVSTANDARDS

CT1

Department of Trade and Industry Performance Specification MPT 1322 published in August 1982 and revised and reprinted in August 1994.

Department of Trade and Industry Performance Specification MPT 1384 published in November 1997.

Extended range CT1

Department of Trade and Industry Performance Specification MPT 1371 published in May 1989 and revised and reprinted in August 1994.

CT2

Department of Trade and Industry Performance Specification MPT 1334 published in December 1987 and revised and reprinted in July 1994.

I-ETS 300 131 published by ETSI in April 1992 and revised and reprinted in November 1994.

DECT

ETSI Technical Basis for Regulation TBR 006 published in December 1993 and revised and reprinted in December 1995.

Regulation 3(1)

SCHEDULE 5LAND MOBILE-SATELLITE SERVICE STATIONS

PART IINTERPRETATION

In this Schedule–
“Eutelsat” means the European Telecommunications Satellite Organization established by Article 11(a) of the Convention on the European Telecommunications Satellite Organization of 1982(14);

“Globalstar” means Globalstar LP whose registered office is situated at 3200 Zanker Road, GS-06, San Jose, CA 95134, United States of America;

“ICO” means ICO Global Communications (Holdings) Limited whose registered office is situated at Clarendon House, 2 Church Street, Hamilton, Bermuda;

“Inmarsat” means the International Maritime Telecommunications Satellite Organization established by Article 2(1) of the Convention on the International Maritime Telecommunications Satellite Organization of 1976(15);

“Iridium” means Iridium Communications Germany GmbH whose registered office is situated at Jagerhofstrasse 19–20, 40479 Dusseldorf, Germany;

“Italsat” means the satellite network operated by Telespazio s.p.a. whose registered office is situated at via Tiburting, 965–00156 Rome, Italy;

“Land Mobile-Satellite Service”, “Land Earth Station” and “Land Mobile Earth Station” have the meanings given to them in the Radio Regulations;

“mean power” and “peak power” have the meanings given to them in the Radio Regulations; and

“prescribed apparatus” means a Land Mobile Earth Station in a Land Mobile-Satellite Service described in Part III of this Schedule.


PART IIADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

1.  The prescribed apparatus shall be subject to and comply with the Common Technical Regulations referred to in Part IV of this Schedule as appropriate, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus–

(a)is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations; or

(b)is approved to the ETSI standards referred to in Part IV of this Schedule as appropriate by a national administration following type testing at a test laboratory,

provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.

2.  Prescribed apparatus in the Iridium and Globalstar Land Mobile-Satellite Services referred to in Part III shall cease operation at or within a distance determined by the Secretary of State for each relevant radioastronomy site for the duration of any radioastronomy observation.

PART IIIDESCRIPTIONS OF THE PRESCRIBED APPARATUS

Inmarsat

Land Mobile Earth Stations in the Inmarsat Land Mobile-Satellite Service which are designed or adapted to–

(a)send and receive messages by wireless telegraphy via that Service to or from any Land Earth Station in that Service; and

(b)be capable of transmitting in the frequency bands 1626.5–1645.5 MHz and 1646.5–1660.5 MHz and receiving in the frequency bands 1525.0–1544.0 MHz or 1545.0–1559.0 MHz and operating at a power level not exceeding the maximum specified in the table set out in Part IV.

Eutelsat

Land Mobile Earth Stations in the Eutelsat Land Mobile-Satellite Service which are designed or adapted to–

(a)send and receive messages by wireless telegraphy via that Service to or from any Land Earth Station in that Service; and

(b)be capable of transmitting in the frequency band 14.00–14.25 GHz and receiving in the frequency bands 10.70–11.70 GHz or 12.50–12.75 GHz and operating at a power level not exceeding the maximum specified in the table set out in Part IV.

Italsat

Land Mobile Earth Stations in the Italsat Land Mobile-Satellite Service which are designed or adapted to–

(a)send and receive messages by wireless telegraphy via that Service to or from any Land Earth Station in that Service; and

(b)be capable of transmitting in the frequency bands 1626.5–1645.5 MHz and 1646.5–1660.5 MHz and receiving in the frequency bands 1525.0–1544.0 MHz or 1545.0–1559.0 MHz and operating at a power level not exceeding the maximum specified in the table set out in Part IV.

Iridium

Land Mobile Earth Stations in the Iridium Land Mobile-Satellite Service which are designed or adapted to–

(a)send and receive messages by wireless telegraphy via that Service to or from any Land Earth Station in that Service;

(b)be capable of transmitting and receiving in the frequency band 1621.35–1626.50 MHz and operating at a power level not exceeding −3 dBW/4 kHz mean power (eirp) density; and

(c)operate in accordance with the requirements of ECTRA/ERC Decision (97) 05 and ERC Decision ERC/DEC (97) 03 decided by the CEPT in June 1997 respectively.

ICO

Land Mobile Earth Stations in the ICO Land Mobile-Satellite Service which are designed or adapted to–

(a)send and receive messages by wireless telegraphy via that Service to or from any Land Earth Station in that Service;

(b)be capable of transmitting and receiving in the frequency bands 1997.5–2010.0 MHz and 2187.5–2200.0 MHz and operating at a power level not exceeding 9.8 dBW/25 kHz peak power (eirp) density; and

(c)operate in accordance with the requirements of ECTRA/ERC Decision (97) 05, ERC Decision ERC/DEC (97) 03 and ERC Decision ERC/DEC (97) 04 decided by the CEPT in June 1997.

Globalstar

Land Mobile Earth Stations in the Globalstar Land Mobile-Satellite Service which are designed or adapted to–

(a)send and receive messages by wireless telegraphy via that Service to or from any Land Earth Station in that Service;

(b)be capable of transmitting and receiving in the frequency bands 1610.0–1621.35 MHz and 2483.5–2500.0 MHz and operating at a power level not exceeding −3 dBW/4 kHz mean power (eirp) density; and

(c)operate in accordance with the requirements of ECTRA/ERC Decision (97) 05 and ERC Decision ERC/DEC (97) 03.

PART IVCOMMON TECHNICAL REGULATIONS AND STANDARDS

Inmarsat

Type of Inmarsat station
Maximum power (eirp)
ETSI standard (unless otherwise stated)
Date of publication

A
+37 dBW
Technical Requirements for Inmarsat Standard—A Ship Earth Stations, edition 3
May 1988

Ship Earth Station Technical Bulletin 26A
September 1991

Ship Earth Station Technical Bulletin 27B
October 1993

B

+34 dBW (+1/−2 dB)

TBR 44
May 1998

C
+16 dBW
TBR 26 edition 1
May 1998

D+
+9 dBW
TBR 26 edition 1

M
+28 dBW (+3/−3 dB)
TBR 44

Mini M (phone)
+2.7 dBW
TBR 44

Eutelsat

Type of Eutelsat station
Maximum power (eirp)
ETSI standard
Date of publication

Euteltracs (Omnitracs)
19 dBW
TBR 27
January 1998

Italsat

Type of Italsat station
Maximum power (eirp)
ETSI standard
Date of publication

EMS-PRODAT
12 dBW
TBR 26 edition 1
May 1998

EMS-MSSAT
11.5 dBW
TBR 44
May 1998

Iridium

CTR 41—Commission Decision of 3rd September 1998 on a common technical regulation for Satellite Personal Communications Networks (S-PCN) Mobile Earth Stations (MESs), including hand held earth stations, for S-PCN operating in the 1.6/2.4 GHz frequency bands under the Mobile Satellite Service (MSS)(16).

ICO

CTR 42—Commission Decision of 3rd September 1998 on a common technical regulation for Satellite Personal Communications Networks (S-PCN) Mobile Earth Stations (MESs), including hand held earth stations, for S-PCN operating in the 2.0 GHz frequency bands under the Mobile Satellite Service (MSS)(17).

Globalstar

CTR 41.

Regulation 3(1)

SCHEDULE 6SHORT RANGE DEVICES

PART IINTERPRETATION

1.  In this Schedule–

“direct sequence spread spectrum modulation” means a form of modulation where a combination of data to be transmitted and a known code sequence (or chip sequence) is used to directly modulate a carrier;

“EN 300 220–1” means the European Telecommunications Standard EN 300 220–1 published by ETSI in November 1997;

“EN 300 328” means the European Telecommunications Standard EN 300 328 published by ETSI in November 1994, revised and reprinted in November 1996 and amended in July 1997;

“EN 300 330” means the European Telecommunications Standard EN 300 330, version 1.2.2 (1999) published by ETSI in 1999;

“I-ETS 300 422” means the European Telecommunications Standard I-ETS 300 422 published by ETSI in December 1995;

“I-ETS 300 440” means the European Telecommunications Standard I-ETS 300 440 published by ETSI in December 1995 and Corrigendum issued in April 1996;

“EN 300 674” means the European Telecommunications Standard EN 300 674 published by ETSI in November 1998;

“EN 300 718” means the European Telecommunications Standard EN 300 718 published by ETSI in March 1997;

“EN 300 761” means the European Telecommunications Standard EN 300 761 published by ETSI in January 1998;

“EN 300 836–1” means the European Telecommunications Standard EN 300 836–1 published by ETSI in May 1998;

“EN 301 091” means the European Telecommunications Standard EN 301 091 published by ETSI in June 1998;

“EN 301 357” means the European Telecommunications Standard EN 301 357, version 1.2.1 (1999) published by ETSI in 1999;

“Fo” means centre frequency;

“frequency hopping spread spectrum modulation” means a technique in which the transmitted signal occupies a number of frequencies in time, each for some period of time;

“non-manufactured apparatus” means apparatus made up from components, but which is not for retail resale;

“prescribed apparatus” means any station or apparatus described in Part III of this Schedule.

“radiated level” means the maximum level permitted, referenced to the erp, eirp or field strength as specified in Part III of this Schedule; and

“Telemetry”, “Telecommand”, “Television” and “Telephony” have the meanings given to them in the Radio Regulations.

2.  Where the channel spacing or channel bandwidth is defined in this Schedule the centre frequency of the first channel is at a distance of channel spacing /2 from the lower frequency band edge.

PART IIADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

Unless there is a Common Technical Regulation in force in respect of the prescribed apparatus, such apparatus must–
(a)be approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations; or
(b)be approved to the ETSI standards referred to in Part III of this Schedule as appropriate by a national administration following type testing at a test laboratory, or otherwise complies with such standards in the case of non-manufactured apparatus used as metal detectors or model control apparatus referred to in Part III, paragraphs 13 and 20 below,
provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.


PART IIIDESCRIPTIONS OF THE RELEVANT APPARATUS

General Purpose Short Range Devices

1.  Any wireless telegraphy apparatus, which is not described elsewhere in this Schedule and which is designed or adapted so as to be capable of use within the frequency band, and at a radiated level not exceeding the maximum for such frequency band, specified in the table below–

Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
ETSI standard

49.82–49.98 MHz

10 mW erp

10 kHz
Yes
EN 300 220–1

49.82–49.98 MHz
10 mW erp

Yes

Telemetry and Telecommand: General

2.  Wireless telegraphy apparatus designed or adapted for–

(a)Telemetry and Telecommand, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b)in category iii, channel numbers 1 and 3 to 11 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(c)in category iv, channel numbers 1 to 5 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(d)in category v, Telemetry and Telecommand may only be used in conjunction with telephony with a non-locking push to talk key or voice operated carrier;

(e)in category vii, the band may also be used for airborne telemetry based on 25 kHz channel spacing;

(f)in categories viii, ix and xii, consecutive channels may be combined for increased bandwidth up to the maximum sub-band frequency allocation. The total signal bandwidth must be contained within the allocated sub-band–

Category
Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
Duty cycle
ETSI standard

i
26.995, 27.045, 27.095, 27.145, 27.195 MHz
1 mW erp
10 kHz
No

EN 300 220–1

ii
40.66–40.7 MHz
10 mW erp

No


iii
173.2–173.35 MHz
1 mW erp
12.5 kHz
No

iv
173.2–173.35 MHz
1 mW erp
25 kHz
No


v
173.5875, 173.6 MHz
10 mW erp
12.5 kHz
Yes


vi
417.9–418.1 MHz
250 μW erp

No


vii
433.05–434.79 MHz
10 mW erp

No
≤ 10%

viii
868–868.6 MHz
25 mW erp
≤ 25 kHz
No
≤ 1%

ix
868.7–869.2 MHz
25 mW erp
≤ 25 kHz
No
≤ 0.1%

x
869.3–869.4 MHz
10 mW erp
≤ 25 kHz
No
≤ 10%

xi
869.4–869.65 MHz
500 mW erp
≤ 25 kHz
No
≤ 10%

xii
869.7–870 MHz
5 mW erp
≤ 25 kHz
No
up to 100 %

xiii
2400–2483.5 MHz
10 mW eirp
≤ 20 MHz
Yes

I-ETS 300 440

Telemetry and Telecommand: Industrial/Commercial

3.  Wireless telegraphy apparatus designed or adapted for–

(a)Telemetry and Telecommand, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b)in category i, channel numbers 1 and 3 to 11 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(c)in category ii, channel numbers 1 to 5 are available with a channel centre frequency of 173.2 MHz + (channel bandwidth × channel number);

(d)in category iv, channel numbers 1 to 25, 28 to 31 and 33 to 35 are available with a channel centre frequency of 458.5 MHz + (channel bandwidth × channel number);

(e)in category v, channel numbers 1 to 12, 14 to 15 and 17 are available with a channel centre frequency of 458.5 MHz + (channel bandwidth × channel number)–

Category
Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
ETSI standard

i
173.2–173.35 MHz
10 mW erp
12.5 kHz
No
EN 300 220–1

ii
173.2–173.35 MHz
10 mW erp
25 kHz
No

iii
173.2–173.35 MHz
10 mW erp

No

iv
458.5–458.95 MHz
500 mW erp
12.5 kHz
No

v
458.5–458.95 MHz
500 mW erp
25 kHz
No

vi
2445–2455 MHz
100 mW eirp

No
I-ETS 300 440

Telemetry: Databuoys

4.  Wireless telegraphy apparatus designed or adapted for Telemetry in a maritime environment, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below–

Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
ETSI standard

35.3375, 35.3625, 35.3875, 35.4125, 35.4375, 35.4625 MHz
250 mW erp
25 kHz
No
EN 300 220–1

Medical and Biological Applications

5.  Wireless telegraphy apparatus designed or adapted for–

(a)Telemetry and Telecommand, so as to be capable of use on one or more of the frequencies or within one of the frequency bands, and at a radiated level not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below and subject to the following sub-paragraphs;

(b)in category ii, channel numbers 1 to 24 are available with channel centre frequency of 173.7 MHz + (channel bandwidth × channel number);

(c)in category iii, channel numbers 1 to 11 are available with channel centre frequency of 173.7 MHz + (channel bandwidth × channel number);

(d)in category v, for use with ultra low power active medical implants only;

(e)in category vi and vii, channel numbers 37 to 47 are available with channel centre frequency of 458.5 MHz + (channel bandwidth × channel number);

(f)in category viii and ix, channel numbers 19 to 23 are available with channel centre frequency of 458.5 MHz + (channel bandwidth × channel number);

(g)in categories ii, iii, vi and viii, these bands may also be used in an airborne application for the tracking of birds–

Category
Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
ETSI standard

i
300 kHz–30 MHz
9 dBμA/m @ 10 m

No
EN 300 330

ii
173.7–174 MHz
10 mW erp
12.5 kHz
No
EN 300 220–1

iii
173.7–174 MHz
10 mW erp
25 kHz
No

iv
173.7–174 MHz
10 mW erp

No

v
402–405 MHz
25 μW erp
300 kHz
No

vi
458.9625–459.1000 MHz
10 mW erp
12.5 kHz
No

vii
458.9625–459.1000 MHz
500 mW erp
12.5 kHz
No

viii
458.9625–459.1000 MHz
10 mW erp
25 kHz
No

ix
458.9625–459.1000 MHz
500 mW erp
25 kHz
No

Radio Local Area Networks

6.  Wireless telegraphy apparatus designed or adapted–

(a)for the provision of short range data links, so as to be capable of use only within the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below and subject to the following sub-paragraphs;

(b)in category i, prescribed apparatus using frequencies relating to direct sequence spread spectrum modulation are limited to a maximum spectrum power density of −20 dBW/1 MHz without exceeding the eirp value. For frequency hopping spread spectrum, the maximum spectrum power density is limited to −10 dBW/100 kHz without exceeding the eirp value;

(c)analogue speech is not permitted–

Category
Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
Duty cycle
ETSI standard

i
2400–2483.5 MHz
100 mW eirp



ETS 300 328

ii
5150–5250 MHz
1 W eirp



ETS 300 836–1

iii
5250–5300 MHz
1 W eirp




Short Range Indoor Data Links

7.  Wireless telegraphy apparatus designed or adapted–

(a)for the provision of short range data links, so as to be capable of use only within either of the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below and subject to the following sub-paragraph;

(b)analogue speech is not permitted–

Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
ETSI standard

2445–2455 MHz
100 mW eirp

Yes
I-ETS 300 440

10.675–10.699 GHz
1 W eirp

Yes

Railway Applications

8.  Wireless telegraphy apparatus designed or adapted for the purpose of railway vehicle identification or for the provision of short range data links between the track and railway vehicles, so as to be capable of use only within either of the frequency bands, and at a radiated level not exceeding the maximum for such frequency bands, specified in the table below–

Frequencies or frequency band
Radiated level
Channel bandwidth
Music or speech permitted
Duty cycle
ETSI standard

27.095 MHz
42 dBμA/m @ 10 m
Fo ±

Related Laws