UNITED KINGDOM STATUTORY INSTRUMENT
1999 No. 930
TELEGRAPHS
The Wireless Telegraphy (Exemption) Regulations 1999
Made 22th March 1999
Laid before Parliament 23th March 1999
Coming into force 19th April 1999
The Secretary of State, in exercise of the powers conferred by sections 1(1) and 3(1)(a) and (b) of the Wireless Telegraphy Act 1949as enacted, and now vested in him, the power conferred on him by section 84(1)(b) of the Telecommunications Act 1984, and of all other powers enabling him in that behalf, hereby makes the following Regulations–
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 1999 and shall come into force on 19th April 1999.
Revocation
2. The Regulations set out in Schedule 1 are hereby revoked.
Interpretation
3.—(1) In these Regulations–
“the 1949 Act” means the Wireless Telegraphy Act 1949;
“the 1984 Act” means the Telecommunications Act 1984;
“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus as described in Part III of Schedule 6;
“authorised person” means any person authorised by the Secretary of State for the purpose of regulation 6;
“CEPT” means the European Conference of Postal and Telecommunications Administrations;
“Common Technical Regulation (CTR)” shall be construed in accordance with regulation 3(3) of the Telecommunications Terminal Equipment Regulations 1992;
“eirp” means equivalent isotropically radiated power, as defined in the Radio Regulations;
“erp” means effective radiated power, as defined in the Radio Regulations;
“EN45001 and EN45002” means European Standards (Normes Européenne) EN45001 and EN45002 published in September 1989 by the British Standards Institution;
“ETSI” means the European Telecommunications Standards Institute;
“ISO guides 25 and 58” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in 1990 and 1993 respectively;
“national administration” means the national administration of a country listed in Schedule 2;
“public switched telephone network” means a public telecommunication system by means of which two-way voice telephony services are provided whereby messages are switched incidentally to their conveyance;
“the Radio Regulations” means the 1998 edition of the Radio Regulations made under Article 13 of the Constitution of the International Telecommunication Union;
“relevant apparatus” means the prescribed apparatus as defined in Schedules 3 to 7 hereto;
“station” means a station for wireless telegraphy; and
“test laboratory” means a test laboratory which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002.
(2) In these Regulations, “connected”, “convey”, “telecommunication apparatus”, “telecommunication service” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act, and “public telecommunication system” shall be construed in accordance with section 9(1) of the 1984 Act.
Exemption
4.—(1) Subject to regulation 5, the establishment, installation and use of the relevant apparatus are hereby exempted from the provisions of section 1(1) of the 1949 Act.
(2) The exemption in paragraph (1) shall not apply to relevant apparatus which is established, installed or used to provide or to be capable of providing a wireless telephony link between telecommunication apparatus, or a telecommunication system, and a public switched telephone network, by means of which a telecommunication service is provided by way of business to another person.
S-5
Terms, provisions and limitationsTerms, provisions and limitations
5.—(1) The exemption provided for in these Regulations shall be subject to the terms, provisions and limitations that–
(a)
(a) the relevant apparatus shall not cause or contribute to any undue interference to any wireless telegraphy; and
(b)
(b) frequency bands relating to the relevant apparatus are for terrestrial use only, unless otherwise stated in Schedule 6.
(2) Such exemption shall also be subject to such additional terms, provisions and limitations as are specified in the Schedules hereto in respect of the relevant apparatus.
S-6
Inspection and restrictions on useInspection and restrictions on use
6.—(1) Where an authorised person has reasonable cause to believe that any relevant apparatus is not complying with regulation 5, any person who is in possession or control of the relevant apparatus shall, on the demand of that authorised person–
(a)
(a) permit and facilitate its inspection by that authorised person; and
(b)
(b) cause its use to–
(ii) be restricted in the manner specified by that authorised person,
for a period of time ending either on a date or on the occurrence of an event specified by that authorised person.
(2) Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the relevant apparatus.
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
Michael Wills
22nd March 1999
SCHEDULE 1
Regulation 2
REVOCATIONS
(1) |
(2) |
Regulations revoked |
References |
The Wireless Telegraphy (Exemption) Regulations 1980 |
S.I. 1980/1848 |
The Wireless Telegraphy (Exemption) (Amendment) (Model Control Apparatus) Regulations 1987 |
S.I. 1987/776 |
The Wireless Telegraphy Apparatus (Land Mobile-Satellite Service) (Low Bit Rate Data) (Exemption) Regulations 1993 |
S.I. 1993/21 |
The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 |
S.I. 1993/1591 |
The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1994 |
S.I. 1994/2250 |
The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1995 |
S.I. 1995/1081 |
The Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1996 |
S.I. 1996/316 |
The Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1997 |
S.I. 1997/1996 |
The Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997 |
S.I. 1997/2137 |
SCHEDULE 2
Regulation 3(1)
LIST OF NATIONAL ADMINISTRATIONS
Country |
Symbol |
Albania |
AL |
Andorra |
AND |
Austria |
A |
Belgium |
B |
Bosnia and Herzegovina |
BH |
Bulgaria |
BG |
Croatia |
HR |
Cyprus |
CY |
Czech Republic |
CZ |
Denmark |
DK |
Estonia |
EST |
Finland |
FI |
France |
F |
Germany |
D |
Greece |
GR |
Hungary |
H |
Iceland |
IS |
Ireland |
IRL |
Italy |
I |
Latvia |
LV |
Liechtenstein |
FL |
Lithuania |
LT |
Luxembourg |
L |
Malta |
M |
Moldova |
MLD |
Monaco |
MC |
Netherlands |
NL |
Norway |
N |
Poland |
PL |
Portugal |
P |
Romania |
RO |
Russian Federation |
RUS |
San Marino |
RSM |
Slovak Republic |
SK |
Slovenia |
SLO |
Spain |
E |
Sweden |
S |
Switzerland |
CH |
The Former Yugoslav Republic of Macedonia |
MK |
Turkey |
TR |
Ukraine |
UA |
United Kingdom of Great Britain and Northern Ireland |
GB |
Vatican City |
SCV |
SCHEDULE 3
Regulation 3(1)
NETWORK USER STATIONS
PART I
INTERPRETATION
In this Schedule–
“BABT” means the British Approvals Board for Telecommunications;
“BTx” means Base Transmit, the frequency on which a base station transmits and a user station receives;
“MPTs 1324 and 1326” means Department of Trade and Industry Performance Specifications 1324 and 1326 referred to in Part IV of this Schedule;
“MTx” means Mobile Transmit, the frequency on which a user station transmits and a base station receives;
“NTR 13” means Designation No. 95/037 NTR 13 given under section 22(6) of the 1984 Act by the Secretary of State on 14th December 1995;
“prescribed apparatus” means a user station as defined below;
“relevant network” means a telecommunication system consisting exclusively of stations established and used under and in accordance with a licence, which has been granted under section 1(1) of the 1949 Act by the Secretary of State and is of a type specified in Part III of this Schedule; and
“user station” means a mobile station for wireless telegraphy designed or adapted–
(a) to be connected by wireless telegraphy to one or more relevant networks; and
(b) to be used solely for the purpose of sending and receiving messages conveyed by a relevant network by means of wireless telegraphy.
2
ADDITIONAL TERMS, PROVISIONS AND LIMITATIONSPART II
ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS
The prescribed apparatus shall be subject to and comply with the Common Technical Regulations referred to in Part IV of this Schedule as appropriate, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus–
(a) is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations;
(b) is approved to the ETSI standards or the draft ETSI standards referred to in Part IV as appropriate by a national administration following type testing at a test laboratory;
(c) complies with the requirements of MPT 1324 or MPT 1326 as appropriate in relation to prescribed apparatus taken into service before section 84 of the 1984 Act came into force; or
(d) complies with the BABT performance standards referred to in Part IV as appropriate,
provided that paragraph (a) above shall not apply in relation to prescribed apparatus situated in the Bailiwick of Jersey.
3
TYPE OF LICENCE GRANTED UNDER SECTION 1(1) OF THE 1949 ACT FOR THE ESTABLISHMENT AND USE OF RELEVANT NETWORKSPART III
TYPE OF LICENCE GRANTED UNDER SECTION 1(1) OF THE 1949 ACT FOR THE ESTABLISHMENT AND USE OF RELEVANT NETWORKS
Public Mobile Operator LicencesPublic Mobile Operator Licences
1. Public mobile data systems licensed for use in the following frequency bands–
105–165 MHz
174–208 MHz
420–470 MHz
(for non-voice only operation)
2. Cellular radiotelephone systems licensed for use in the following services on the relevant frequency bands–
