Statutory Instrument 1999 No. 930

The Wireless Telegraphy (Exemption) Regulations 1999

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© Crown Copyright 1999

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"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

"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.

(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.

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.

[2] Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3; S.I. 1969/1371, article 2; S.I. 1974/691, article 2.back

[3] 1984 c. 12; section 84 was extended to the Bailiwick of Guernsey and the Isle of Man by S.I. 1994/1064 and S.I. 1995/268 respectively but has not been extended to the Bailiwick of Jersey.back

[4] CEPT was set up in June 1959 in Montreux by the "Arrangement Instituant de la Conference Européenne des Administrations des Postes et des Télécommunications".back

[5] S.I. 1992/2423, amended and extended by S.I. 1994/3129.back

[6] ETSI was set up in 1988 on the joint initiative of the European Commission and the CEPT.back

[7] The Constitution and Convention of the International Telecommunication Union were adopted in Geneva in 1992 and ratified by the United Kingdom in 1996.back

[8] BABT was appointed by the Secretary of State on 10th September 1990 pursuant to section 25 of the 1984 Act for the purpose of approving telecommunication apparatus under section 22 of that Act.back

[9] Section 84 of the 1984 Act came into force on 16th July 1984 pursuant to S.I. 1984/876.back

[10] OJ No. L8, 12.1.94, p. 20.back

[11] OJ No. L8, 12.1.94, p. 23.back

[12] Council Recommendation 91/288/EEC of 3rd June 1991 (OJ No. L144, 8.6.91, p. 47) referred to the co-ordinated introduction of DECT into the European Community.back

[13] Council Directive 91/287/EEC of 3rd June 1991 (OJ No. L144, 8.6.91, p. 45) designated the frequency band for the co-ordinated introduction of DECT into the European Community.back