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Statutory Instruments

2021 No. 493

Electronic Communications

The Wireless Telegraphy (Exemption) Regulations 2021

Made

20th April 2021

Coming into force

12th May 2021

M1 The Office of Communications (β€œOFCOM”), makes the following Regulations in exercise of the powers conferred by sections 8(3) and 122(7) of the Wireless Telegraphy Act 2006 (β€œ the Act ”).

Before making these Regulations, OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.

Citation and commencement I1

1. These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2021 and shall come into force on 12th May 2021.

Interpretation I2

2. In these Regulationsβ€”

β€œ the Act ” means the Wireless Telegraphy Act 2006; and

β€œ GHz ” means gigahertz.

[F1 β€œMHz” means megahertz; and F1]

[F1 β€œnon-geostationary satellite” means a satellite that does not remain fixed relative to a position on the surface of the earth. F1]

Revocations I3

3. The Regulations specified in the Schedule are revoked to the extent specified.

Short range devices I4

4. The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with an interface requirement which forms part of the publication [F2 β€œIR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices” , published by OFCOM in March 2023, is exempt F2] from the provisions of section 8(1) of the Act, ifβ€”

(a) it does not cause or contribute to any undue interference to any wireless telegraphy; and

(b) in cases where the interface requirement does not state that airborne use is permitted, use is not airborne.

Fixed wireless systems I5

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

High density fixed satellite service systems I6

6. The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the interface requirements which form part of the publication [F4 β€œIR 2066 – UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS)” , published by OFCOM in March 2023, is exempt F4] from the provision of section 8(1) of the Act, ifβ€”

(a) F5 it does not cause or contribute to any undue interference to any wireless telegraphy; ...

(b) use is not airborne [F6 ; and F6]

[F7 (c) it is not connected to a non-geostationary satellite. F7]

Personal locator beacons I7

7. The use of wireless telegraphy apparatus in the frequency band 406 to 406.1 megahertz complying with the interface requirements which form part of the publication [F8 β€œIR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land”, published by OFCOM in June 2021 F8] , is exempt from the provisions of section 8(1) of the Act, ifβ€”

(a) it does not cause or contribute to any undue interference to any wireless telegraphy;

(b) use is not airborne; and

(c) it is not used on board a ship.

Earth stations [F9 in motion F9]I8

8. The use of wireless telegraphy apparatus complying with the interface requirements which form part of the publication [F10 β€œUK Interface Requirement (IR) 2093 Earth Stations in Motion” , published by OFCOM in March 2023 F10] , is exempt from the provisions of sections 8(1) of the Act, ifβ€”

(a) it does not cause or contribute to any undue interference to any wireless telegraphy;

(b) F11 it is not used on board an aircraft and use is not otherwise airborne; ...

(c) it is not used on board a ship[F12 ; and F12]

[F13 (d) it is not connected to a non-geostationary satellite. F13]

Citizens' Band Radio Equipment I9

9. The use of wireless telegraphy apparatus complying with the interface requirements [F14 which form part of the publication β€œIR 2027.2 – UK Radio Interface Requirement 2027.2 for AM/SSB and DSB use in the Citizens’ Band Radio Service”, published by OFCOM in June 2021 F14] , is exempt from the provisions of section 8(1) of the Act, if it does not cause or contribute to any undue interference to any wireless telegraphy.

10.β€”(1) The establishment, installation and use of wireless telegraphy stations or wireless telegraphy apparatus within the frequency band 5875 MHz to 5925 MHz is exempt from the provisions of section 8(1) of the Act, ifβ€”

(a) it complies with the interface requirements which form part of the publication β€œIR 2086 – UK Interface Requirement 2086 Safety Related Applications of Intelligent Transport Systems”, published by OFCOM in March 2023;

(b) it does not cause or contribute to undue interference to any wireless telegraphy; and

(c) the wireless telegraphy stations or wireless telegraphy apparatus are, or are part of, a safety-related intelligent transport system.

(2) In paragraph (1)(c) β€œ intelligent transport system ” means a system or service, based on information and communication technologies, including processing, control, positioning, communication and electronics, that is applied to a road transportation system. F15]

Philip Marnick

Group Director, Spectrum Group

Office of Communications

Regulation 3

SCHEDULE Revocations I10

Regulations References Extent of revocation
Wireless Telegraphy (Exemption and Amendment) Regulations 2010 S.I. 2010/2512 Regulation 4
Regulation 5
Regulation 6
Regulation 7
Regulation 8
Regulation 9
Regulation 10
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2011 S.I. 2011/3035 The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2013 S.I. 2013/1253 The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2014 S.I. 2014/1484 The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2017 S.I. 2017/746 The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2018 S.I. 2018/263 Regulation 2
Regulation 3(2)
Wireless Telegraphy (Exemption and Amendment)(Amendment)(No.2) Regulations 2018 S.I. 2018/1140 The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2020 S.I. 2020/549

The whole Regulations

Status: There are currently no known outstanding effects for the The Wireless Telegraphy (Exemption) Regulations 2021.
The Wireless Telegraphy (Exemption) Regulations 2021 (2021/493)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2 inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(2)inserted
F2Words in reg. 4 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(3)substituted
F3Reg. 5 omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(4)omitted
F4Words in reg. 6 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(5)(a)substituted
F5Word in reg. 6(a) omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(5)(b)omitted
F6Words in reg. 6(b) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(5)(c)inserted
F7Reg. 6(c) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(5)(d)inserted
F8Words in reg. 7 substituted (30.8.2021) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021 (S.I. 2021/948) , regs. 1 , 3(5)substituted
F9Words in reg. 8 heading substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(6)(a)substituted
F10Words in reg. 8 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(6)(b)substituted
F11Word in reg. 8(b) omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(6)(c)omitted
F12Word in reg. 8(c) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(6)(d)inserted
F13Reg. 8(d) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(6)(e)inserted
F14Words in reg. 9 substituted (30.8.2021) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021 (S.I. 2021/948) , regs. 1 , 3(7)substituted
F15Reg. 10 inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(7)inserted
I1Reg. 1 in force at 12.5.2021, see reg. 1
I2Reg. 2 in force at 12.5.2021, see reg. 1
I3Reg. 3 in force at 12.5.2021, see reg. 1
I4Reg. 4 in force at 12.5.2021, see reg. 1
I5Reg. 5 in force at 12.5.2021, see reg. 1
I6Reg. 6 in force at 12.5.2021, see reg. 1
I7Reg. 7 in force at 12.5.2021, see reg. 1
I8Reg. 8 in force at 12.5.2021, see reg. 1
I9Reg. 9 in force at 12.5.2021, see reg. 1
I10Sch. in force at 12.5.2021, see reg. 1
M12006 c. 36 . Section 8(3) and section 122(7) were extended to the Bailiwick of Guernsey by Article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3324) ; and to the Isle of Man by Article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278) .
Defined TermSection/ArticleIDScope of Application
GHzreg. 2.legTermLi0PXXZ1
intelligent transport systemreg. 10.legTermuAQ3wd1S
IR 2027.2 – UK Radio Interface Requirement 2027.2 for AM/SSB and DSB use in the Citizensreg. 9.IR_2027.2__rtDuBQoalert
IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devicesreg. 4.IR_2030_–__rtpfmTDalert
IR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on landreg. 7.IR_2084_–__rtsNuYJalert
MHzreg. 2.MHz_rtCUY7x
non-geostationary satellitereg. 2.non-geosta_rt63gJW
OFCOMUnknown(β€œ_prnnezXB
the Actreg. 2.legTermSsewFKU7
UK Interface Requirement (IR) 2093 Earth Stations in Motionreg. 8.UK_Interfa_rt9cat0alert
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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