Ofcom consultation on draft regulations to modify licence exemption rules for range of wireless devices in UK

This article was included in the November issue of Network - the Communications sector newsletter

On 26 July 2010 Ofcom published a consultation on the proposed Wireless Telegraphy (Exemption) (Amendment) Regulations 2010 to modify licence exemption rules for a range of wireless devices in the UK.

It is an offence to establish, install or use equipment to transmit without a licence from Ofcom under section 8(1) of the Wireless Telegraphy Act 2006, unless such equipment is exempted. The proposed regulations would implement a number of exemptions:

1. Allow new types of equipment and frequency bands to fall within the current licence exemption criteria, including:

• Liberalising the licence exemption for low power high density fixed satellite stations (HDFSS) from 50 dbW to 55 dbW which would promote the availability of broadband and multimedia services in rural areas
• Permitting the use of Railway Level Crossing Radars in the band 24.1 to 24.35 GHz. Installations will only be allowed at railway level crossings and subject to a 20 km exclusion zone around six Radio Astronomy sites
• Permitting a power of 40 dBuA/m for devices operating underwater in 9 – 30000 kHz band. It is thought this would provide benefit to divers and offshore industry in being able to use higher power systems underwater
• Combining adjacent frequency bands for a number of short-range devices (SRDs) to create a single band. This would help encourage innovation and the specific conditions of each frequency band would still need to be met.

2. Implement Commission Decision of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (the “SRD Decision”). This would include permitting bandwidth to 100 kHz which would enable devices to transfer more data and would help encourage the development of new devices.

3. Enable the use of mobile phones at 900 and 1800 MHz to connect to a UMTS network without the need for a licence. This would be compliant with the Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community. The equipment is already licence exempt and the introduction of the new frequencies would not prevent existing users from continuing to operate in the band.

4. Introduce Ofcom policy decisions on 59-64 GHz Fixed Links including combining the 59-64 GHz band with the existing 57-64 GHz. Exclusion zones where the licence exemption will not apply are detailed and reflect the Ministry of Defence radiolocation systems in that frequency.

The consultation paper also addressed queries received by Ofcom in relation to an earlier consultation paper, setting out the questions posed and a summary of the responses received.

The intention behind the proposed changes is to reduce the regulatory burden on stakeholders, by removing the need for spectrum users to apply for individual licences to authorise the use of radio equipment.

The analysis sets out the potential benefits and costs in authorising a wide range of additional devices, concluding with the recommendation of those listed above.

The deadline for responses was 6 September 2010, and subject to the responses, Ofcom intends to bring the new regulations into force by November 2010.

For further information about this article, please contact Sarah Wheeler.