Citation and commencement

1. These Regulations may be cited as the Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2014 and shall come into force on 30th April 2014.

Revocation

2. The Wireless Telegraphy (Mobile Communications Services on Aircraft) (Exemption) Regulations 2008( 2 ) are hereby revoked.

Interpretation

3. In these Regulations—

“aircraft BTS” means a base transceiver station located in an aircraft;

“apparatus” means wireless telegraphy apparatus;

“dBm” means decibels of power referenced to one milliWatt;

“e.i.r.p” means equivalent isotropic radiated power;

“electronic communications network” and “electronic communications service” have the meaning given to them by section 32 of the Communications Act 2003 ( 3 );

“ETSI” means the European Telecommunications Standards Institute;

“kHz” means kilohertz;

“MHz” means megahertz;

“mobile communication services on aircraft” means electronic communications services provided by an undertaking to enable airline passengers to use public communications networks during flight without establishing direct connections with terrestrial mobile networks;

“network control unit” means equipment located in an aircraft that ensures that signals transmitted by ground based mobile electronic communication systems are not detectable within the cabin by raising the noise floor inside the cabin in mobile communication receive bands;

“relevant network” means an electronic communications network that includes an aircraft BTS and a network control unit;

“the 1800 MHz band” refers to frequency bands 1710-1785 MHz (uplink) and 1805-1880 MHz (downlink); and

“the 2100 MHz band” refers to the frequency bands 1920-1980 MHz (uplink) and 2110-2170 MHz (downlink).

Exemption

4. The use of any apparatus on board an aircraft which is—

(a) an aircraft registered in the British Islands; and

(b) 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;

is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006 where the terms, provisions and limitations in regulation 5 are met.

Terms, provisions and limitations

5. —(1) The apparatus must comply with the standards in paragraph 2(a), (b) or (c) published by ETSI (or equivalent specifications).

(2) The standards referred to in paragraph (1) are—

(a) for GSM apparatus, the GSM standard EN 301 511( 4 );

(b) for UMTS apparatus, the UMTS standards—

(aa) EN 301 908-1( 5 ); and

(bb) EN 301 908-2( 6 );

(c) for LTE apparatus, the LTE standards—

(aa) EN 301 908-1; and

(bb) EN 301 908-13( 7 ).

(3) The apparatus must only operate in the 1800 MHz band or the 2100 MHz band.

(4) The apparatus must only be used—

(a) for mobile communication services on aircraft;

(b) when the aircraft is three thousand meters or more above the ground;

(c) where the following operational requirements are met—

(i) the aircraft BTS, while in operation, limits the transmission power of all GSM apparatus to a nominal value of 0 dBm/200 kHz at all stages of communication, including initial access;

(ii) the aircraft BTS, while in operation, limits the transmission power of all LTE apparatus in the 1800 MHz band to a nominal value of 5 dBm/5MHz at all stages of communication; or

(iii) the aircraft BTS, while in operation, limits the transmission power of all UMTS apparatus in the 2100 MHz band to a nominal value of -6 dBm/3.84 MHz at all stages of communication and the maximum number of users does not exceed 20;

(d) where the e.i.r.p. outside the aircraft emanating from the apparatus transmitting in the frequency bands specified in the headings of Columns 2 to 4 of Table 1 of the Schedule, does not, at each of the heights above ground specified in Column 1 of that table, exceed the value specified in each of Columns 2, 3 or 4 of that Table.

(5) The apparatus must not cause or contribute to any undue interference to any wireless telegraphy.

(6) The apparatus must connect directly to a relevant network in which—

(a) the network control unit prevents the apparatus, when operating on one of the frequency bands listed in Column 1 of Table 2 of the Schedule, from registering on that band with the types of system on the ground which are listed adjacent to that band in Column 2 of that Table;

(b) the network control unit and the aircraft BTS operate such that their total e.i.r.p. outside the aircraft does not, at each height above ground specified in Column 1 of Table 3 of the Schedule, and at each of the frequency bands specified in the heading of Columns 2 to 6 of that table, exceed the value specified in Columns 2 to 6 of that table;

(c) the aircraft BTS complies with the following standards published by ETSI (or equivalent specifications)—

(i) the GSM standards—

(aa) EN 301 502( 8 ); and

(bb) EN 302 480( 9 );

(ii) the UMTS standards—

(aa) EN 301 908-1; and

(bb) EN 301 908-3( 10 ) or EN 301 908-11( 11 ); or

(iii) the LTE standards—

(aa) EN 301 908-1; and

(bb) EN 301 908-14( 12 ) or EN 301 908-15( 13 ); and

(d) the network control unit complies with the standard EN 302 480 published by ETSI (or equivalent specification).

Regulation 5

SCHEDULE