Statutory Instruments
2021 No. 493
Electronic Communications
The Wireless Telegraphy (Exemption) Regulations 2021
Made
20th April 2021
Coming into force
12th May 2021
M1The 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 commencementI1
1. These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2021 and shall come into force on 12th May 2021.
InterpretationI2
2. In these Regulations—
“ the Act ” means the Wireless Telegraphy Act 2006 ; and
[F1 autonomous maritime radio device” means a mobile wireless telegraphy station or wireless telegraphy apparatus which transmits independently of any wireless telegraphy ship station or coast station, (and is not used for the purpose of safety of navigation of the vessel) that is—
operating within the UK territorial sea; or
where not operating within the UK territorial sea, released from—
within the United Kingdom or UK territorial sea; or
a ship that is registered in the United Kingdom;F1]
[F1 “ ETSI EN 302 502 ” means the harmonised standard published by the European Telecommunications Standards Institute (ETSI) entitled 5.8 GHz fixed broadband data transmitting systems (ETSI EN 302 502 V2.1.1 (6th March 2017)); F1]
“ GHz ” means gigahertz.
[F1 “ indoors ” means inside premises which—
have a ceiling or a roof; and
except for any doors, windows or passageways, are wholly enclosedF1]
[F2 “MHz” means megahertz; and F2]
[F2 “non-geostationary satellite” means a satellite that does not remain fixed relative to a position on the surface of the earth. F2]
RevocationsI3
3. The Regulations specified in the Schedule are revoked to the extent specified.
Short range devicesI4
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 [F3 “IR 2030 – UK Interface Requirement 2030, Licence Exempt Short Range Devices (SRDs)” , published by OFCOM in April 2026, is exempt F3] 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 systemsI5
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
High density fixed satellite service systemsI6
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 [F5 “IR 2066 – UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS)” , published by OFCOM in April 2026, is exempt F5] from the provision of section 8(1) of the Act, if—
(a)F6it does not cause or contribute to any undue interference to any wireless telegraphy; ...
(b)use is not airborne [F7; andF7]
[F8 (c)it is not connected to a non-geostationary satellite.F8]
Personal locator beaconsI7
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 [F9 “IR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land”, published by OFCOM in June 2021 F9] , 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 [F10in motionF10] I8
8. The use of wireless telegraphy apparatus complying with the interface requirements which form part of the publication [F11 “UK Interface Requirement (IR) 2093 Earth Stations in Motion” , published by OFCOM in March 2023 F11] , 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)F12it is not used on board an aircraft and use is not otherwise airborne; ...
(c)it is not used on board a ship[F13 ; andF13]
[F14 (d)it is not connected to a non-geostationary satellite.F14]
Citizens' Band Radio EquipmentI9
9. The use of wireless telegraphy apparatus complying with the interface requirements [F15 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 F15] , 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.
[F16Safety 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. F16]
[F17Autonomous maritime radio devices
11. The establishment, installation and use of an autonomous maritime radio device on the frequency 160.9 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 2113—UK Interface Requirement 2113, Autonomous Maritime Radio Devices (AMRD) operating in the frequency band 156-162.05 MHz”, published by OFCOM in April 2026;
(b)it does not cause or contribute to undue interference to any wireless telegraphy; and
(c)it operates at a height no higher than one metre above sea level.F17]
[F17Coastal station radio training school
12. The establishment, installation and use of a wireless telegraphy station or wireless telegraphy apparatus 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 2114 — UK Interface Requirement 2114 Coastal Station Radio (Training School)”, published by OFCOM in April 2026;
(b)it is used indoors;
(c)it does not cause or contribute to undue interference to any wireless telegraphy; and
(d)it is used for the purposes of training individuals to use maritime radio.F17]
[F17Fixed wireless access
13. The establishment, installation and use of a wireless telegraphy station or wireless telegraphy apparatus within the frequency band 5725 MHz to 5850 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 2007 – UK Interface Requirement 2007 Fixed Broadband Services operating in the 5725 – 5850 MHz band”, published by OFCOM in April 2026;
(b)it does not cause or contribute to undue interference to any wireless telegraphy; and
(c)techniques to access spectrum and mitigate interference described in ETSI EN 302 502 (at paragraph 4.2.4 for Transmit Power Control and paragraph 4.2.6 for Dynamic Frequency Selection) are used, or other techniques that provide at least equivalent performance to the techniques described in ETSI EN 302 502 are used.F17]
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 |