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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 (“OFCOM”), makes the following Regulations in exercise of the powers conferred by sections 8(3) and 122(7) of the Wireless Telegraphy Act 2006 (“ 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 Regulations—

the Act ” means the Wireless Telegraphy Act 2006 ; and

GHz ” means gigahertz.

[F1MHz” means megahertz; and F1]

[F1non-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 [F2IR 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, if—

(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

F3 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F4IR 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, if—

(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 [F8IR 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, if—

(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 [F10UK 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, if—

(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 “IR 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.

[F15 Safety related intelligent transport systems

10. —(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, if—

(a) it complies with the interface requirements which form part of the publication “IR 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) “ 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)
Version from: 23 March 2023

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in reg. 2 inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(2) inserted
F2 Words in reg. 4 substituted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(3) substituted
F3 Reg. 5 omitted (23.3.2023) by virtue of The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(4) omitted
F4 Words 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
F5 Word 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
F6 Words 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
F7 Reg. 6(c) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(5)(d) inserted
F8 Words in reg. 7 substituted (30.8.2021) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021 (S.I. 2021/948) , regs. 1 , 3(5) substituted
F9 Words 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
F10 Words 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
F11 Word 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
F12 Word 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
F13 Reg. 8(d) inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(6)(e) inserted
F14 Words in reg. 9 substituted (30.8.2021) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021 (S.I. 2021/948) , regs. 1 , 3(7) substituted
F15 Reg. 10 inserted (23.3.2023) by The Wireless Telegraphy (Exemption) (Amendment) Regulations 2023 (S.I. 2023/243) , regs. 1 , 4(7) inserted
I1 Reg. 1 in force at 12.5.2021, see reg. 1
I2 Reg. 2 in force at 12.5.2021, see reg. 1
I3 Reg. 3 in force at 12.5.2021, see reg. 1
I4 Reg. 4 in force at 12.5.2021, see reg. 1
I5 Reg. 5 in force at 12.5.2021, see reg. 1
I6 Reg. 6 in force at 12.5.2021, see reg. 1
I7 Reg. 7 in force at 12.5.2021, see reg. 1
I8 Reg. 8 in force at 12.5.2021, see reg. 1
I9 Reg. 9 in force at 12.5.2021, see reg. 1
I10 Sch. in force at 12.5.2021, see reg. 1
M1 2006 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 Term Section/Article ID Scope of Application
GHz reg. 2. def_0706c8b342
intelligent transport system reg. 10. def_84096a2e76 alert
IR 2027.2 – UK Radio Interface Requirement 2027.2 for AM/SSB and DSB use in the Citizens reg. 9. def_47330be3c5 alert
IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices reg. 4. def_b1754232fc alert
IR 2066 – UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS) reg. 6. def_028a0ada87
IR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land reg. 7. def_440eaaf48a alert
MHz reg. 2. def_b7e1c9b99c
non-geostationary satellite reg. 2. def_79aa5e895f
OFCOM Preamble def_d074acb252
the Act reg. 2. def_5851d89094
UK Interface Requirement (IR) 2093 Earth Stations in Motion reg. 8. def_329cb0d277 alert

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Contains public sector information licensed under the Open Government Licence v3.0.