LICENCE EXEMPTION FOR NONOPERATIONAL USE OF WIRELESS
TELEGRAPHY EQUIPMENT UNDER
SUPPRESSED RADIATION
CONDITIONS
A Consultation Document
July 2003
The Radiocommunications Agency is an Executive Agency of the Department of Trade and Industry
CONTENTS
1. Introduction ................................................................................................................ 4
2. General Effect of the Regulations .............................................................................. 5
3. Regulatory Impact Assessment (RIA) ....................................................................... 6
4. Contact Address ......................................................................................................... 6
Annex A: Draft Statutory Instrument – The Wireless Telegraphy (Non-Operational
Use Under Suppressed Radiation Conditions) (Exemption) Regulations 2003
Annex B: Draft RIA
1.
INTRODUCTION
1.1
As part of the Agency’s ongoing programme of deregulation, it is our intention
to make regulations to increase the number of frequencies (and extend the
frequency bands) that may be used under suppressed radiation conditions for
non-operational purposes (“the Regulations”). A draft of the Regulations is set
out at Annex A of this document.
1.2
The objectives of the Regulations are:

to help provide a stimulus for the testing and development of innovative
radio technologies;

to aid transparency on the testing, demonstrating, modifying, repairing and
servicing of radio equipment under suppressed radiation conditions; and

to increase competition and consumer choice.
1.3
The Regulations will replace, and revoke, the current “Wireless Telegraphy
(Testing and Development Under Suppressed Radiation Conditions)
(Exemption) Regulations 1989” (SI 1989/1842).
1.4
The Regulations are to be made under powers contained in sections 1 and 3 of
the Wireless Telegraphy Act 1949 (the 1949 Act). (The Regulations are not
being made in connection with the Communications Bill.) The Agency wishes
to obtain the views of spectrum users and other interested parties. (Under the
new regulatory regime to be instituted by the Communications Bill, Ofcom
will be required to consult on certain changes to the wireless telegraphy
licensing regime, including regulations made under sections 1 and 3 of the
1949 Act.)
1.5
Views from radio spectrum users and all other interested parties are now
sought on the draft Regulations.
1.6
Please send any comments or views, to arrive no later than 15 August 2003,
to:
Mr Wesley Milton
Licensing Policy Unit
Radiocommunications Agency
10B/20D
Wyndham House
189 Marsh Wall
London E14 9SX
Or email wesley.milton@ra.gsi.gov.uk
1.7
A draft Regulatory Impact Assessment (RIA) has been prepared to accompany
these Regulations and is at Annex B. Any comments on the RIA would also be
welcome.
Publications of Responses
1.8
Respondents to this consultation document should note that, in the interests of
open government:

unless confidentiality is expressly requested, individual responses will be
placed in the public domain in printed or electronic form, together with the
names and contact details of authors. Respondents are requested to make it
very clear if they wish to keep some or all of the responses confidential;

unconditional permission to publish responses will be assumed unless the
author expressly states otherwise;

any copyright attached to responses will be assumed to have been
relinquished, unless it is expressly reserved; and

the provisions of the Data Protection Act will apply to information in
electronic form, and to certain manual filing systems.
2.
GENERAL EFFECT OF THE REGULATIONS
2.1
These Regulations provide for the non-operational uses of wireless telegraphy
equipment to be exempt from the requirement to hold a licence. These uses
(previously known as ‘testing and development’) include demonstration,
development, modifying, repairing, servicing or testing of radio equipment
and scientific research, training, instruction or experimentation in radio theory
or practice. In order to qualify for licence exemption, these applications will
have to be carried out under suppressed radiation conditions in accordance
with the terms, provisions and limitations specified in the Schedule to the
Regulations (at Annex A).
2.2
These Regulations replace and revoke the previous Regulations “Wireless
Telegraphy (Testing and Development Under Suppressed Radiation
Conditions) (Exemption) Regulations 1989” (SI 1989/1842).
2.3
These new Regulations are being introduced following a review of our policy
on licensing and licence-exemption of testing and development processes. As
part of the review, it was concluded that the number of frequencies could be
increased (and the frequency bands extended) from those set out in the
previous Regulations. Accordingly, negotiations have taken place with main
users of the bands. This has allowed entire frequency bands to be included
together with relevant field strength limits measured at set distances.
2.4
The review also concluded that the applications covered in the Regulations are
for non-operational use, and that since some of the applications are not pure
‘testing and development’, the title to the Regulations needed to be changed.
2.5
In the Agency’s view, these changes should aid transparency in the application
of non-operational use of equipment under suppressed radiation conditions,
and will help to provide a stimulus for innovative radio technology.
3.
REGULATORY IMPACT ASSESSMENT (RIA)
3.1
In accordance with usual Government practice when making Regulations, we
have prepared a RIA to accompany these Regulations. Since the intention of
the Regulations is mainly deregulatory, we do not consider there will be any
regulatory impact on business from these Regulations. A copy of the RIA is at
Annex B.
4.
CONTACT ADDRESS
4.1
A copy of the Regulations is attached to this consultation document. Anyone
may request further copies of the consultation document (including the
proposed Regulations) by contacting:
Miss Nicola Carroll
Licensing Policy Unit
Radiocommunications Agency
10B 22H
Wyndham House
189 Marsh Wall
London E14 9SX
Email: nicola.carroll@ra.gsi.gov.uk
Tel: 020 7211 0287
Fax: 020 7211 0523
ANNEX A
ST AT UT O RY
IN ST R UM ENT S
2003 No.
TELEGRAPHS
The Wireless Telegraphy (Non-Operational Use Under Suppressed
Radiation Conditions) (Exemption) Regulations 2003
Made
-
-
-
-
-
Laid before Parliament
Coming into force -
-
The Secretary of State, in exercise of the powers conferred by sections 1 and 3 of the
Wireless Telegraphy Act 1949(a), which have been extended to the Channel Islands
by the Wireless Telegraphy (Channel Islands) Order 1952(b) and to the Isle of Man by
the Wireless Telegraphy (Isle of Man) Order 1952(c) and now vested in her (d), hereby
makes the following Regulations:Citation and commencement
1. These Regulations may be cited as the Wireless Telegraphy (Non-Operational Use Under
Suppressed Radiation Conditions) (Exemption) Regulations 2003 and shall come into force on
2003.
Revocation
2. The Wireless Telegraphy (Testing and Development Under Suppressed Radiation Conditions)
(Exemption) Regulations 1989(e) are hereby revoked.
Interpretation
3. (1) In these Regulations –
“the Act” means the Wireless Telegraphy Act 1949;
“apparatus” means wireless telegraphy apparatus; and "relevant apparatus" means
apparatus to which these Regulations apply;
“authorised person” means any person authorised by the Secretary of State for the
purposes of the Act, the Wireless Telegraphy Act 1967(f) and the Telecommunications Act
1984(g);
(a) 1949 c. 54
(b) SI 1952/1900 as amended by SI 1997/284
(c) SI 1952/1899 as amended by SI 1997/285
(d) Section 3 of the Post Office Act 1969 c.48; SI 1969/1369, SI 1969/1371
(e) SI 1989/1842
(f) 1967 c. 72, SI 1967/1279, SI 1981/113
“field strength” means the magnitude of a component of the electric or magnetic field;
“premises” includes a vehicle, vessel or aircraft;
“spurious emission” means an emission (a) on a frequency which is outside the necessary bandwidth; and
(b) the level of which may be reduced without affecting the corresponding
transmission of information,
and, without prejudice to the generality of the foregoing, includes harmonic emissions,
parasitic emissions, intermodulation products and frequency conversion products;
“suppressed radiation conditions” means conditions under which the electromagnetic
energy emitted by any apparatus is suppressed, reduced or contained at or to such a level
that it is incapable, under all reasonably foreseeable operational conditions, of causing
interference with any apparatus which is situated outside the boundary of the premises in
which the first mentioned apparatus is situated; and
(2) In these regulations "non-operational purposes" means uses which are solely for the purpose
of:
(a) the demonstrating, development, modifying, repairing, servicing or testing of radio
equipment; and
(b) scientific research, training, instruction or experimentation in radio theory or practice.
Application
4. (1) Subject to paragraphs 2 and 3, these Regulations apply to any apparatus which is used for
non-operational purposes under suppressed radiation conditions.
(2) These Regulations shall not extend to any apparatus where the use is exempted from the
provisions of section 1(1) of the Act by (a) the Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989(h); or
(b) the Wireless Telegraphy (Exemption) Regulations 2003(i).
Exemption
5. Subject to regulation 6, the use of relevant apparatus is hereby exempted from the provisions
of section 1(1) of the Act.
Terms, provisions and limitations
6. The exemption provided for in regulation 5 shall be subject to the terms, provisions and
limitations that the relevant apparatus shall (a) be operated (i)
only on those frequencies;
(ii) at a maximum field strength no greater than the limit;
(iii) so as not to radiate spurious emissions in excess of the limits, specified in the
Schedule;
(b) not cause undue interference with any wireless telegraphy; and
(c) not be used in any aircraft whilst it is airborne.
(g) 1984 c. 12, SI 1994/1064, SI 1995/268 (Part VI of the Telecommunications Act
1984 has not been extended to Jersey)
h
( ) SI 1989/123
(i) SI 2003/74
Inspection and Restrictions on Use
7. Where the Secretary of State has reasonable cause to believe that relevant apparatus is (a) causing undue interference with any wireless telegraphy; or
(b) emitting signals which are capable of causing interference with any apparatus which is
situated outside the boundary of the premises on which the relevant apparatus is situated,
any person who is in possession or control of the relevant apparatus shall on the demand of any
authorised person:(i) permit and facilitate its inspection by that authorised person;
(ii) cause its use to:
(aa) cease; or
(bb) be restricted in the manner specified by the authorised person.
Measurement of emissions
8. Any person using relevant apparatus pursuant to the exemption provided for in regulation 5
above shall conduct such measurements as are reasonably necessary to ascertain whether the
terms, provisions and limitations set out in the Schedule are being complied with.
Minister of State for
Department of Trade and Industry
SCHEDULE
Regulation 5
TERMS, PROVISIONS AND LIMITATIONS OF EXEMPTION
1. Use of relevant apparatus for emission shall be limited to use (a) on a frequency within a frequency band specified in table 1 below; and
(b) where the maximum field strength of the emission does not exceed the limit specified in
relation to that frequency band when measured at the distance specified in relation thereto.
Table 1
Frequency band (MHz)
Limit for maximum field
strength (dBV/m)
Distance at which
measurement taken (m)
0.150 – 1.605
1.605 – 3.950
3.950 – 30.00
30.00 – 1215.00
1215 – 1350
1350 – 2700
2700 – 2900
2900 – 9000
9000 – 9500
Greater than 9500
34
48
34
30
25
30
20
30
30
30
100
100
100
30
30
30
30
30
30
30
2. Relevant apparatus shall not radiate, in any frequency band, spurious emissions of a
maximum field strength in excess of the limit, when measured at the distance specified in table 2
below in relation to each frequency band –
Table 2
Frequency band (MHz)
Limit for maximum field
strength (dBV/m)
Distance at which
measurement taken (m)
below 30
30 and above
23
23
100
30
3. In paragraphs 1 and 2 above –
“distance” means the distance from the relevant apparatus; and
“measured” means ascertained by making measurements of all components of the emission
from such number of directions (a) in a horizontal plane; or
(b) where the configuration of the site is such that it is not reasonably practicable to make
measurements in an exactly horizontal plane, in a plane which is as near to horizontal as
reasonably practicable, including at least four (i)
orthogonal directions; or
(ii) where the configuration of the site is such that it is not reasonably practicable to
make measurements from exactly orthogonal directions, directions which are as
near to orthogonal as reasonably practicable,
as is reasonably necessary to determine the maximum field strength of the emission at the
distance specified, and the highest value obtained shall be taken to be the maximum field
strength.
EXPLANATORY NOTE
(This note is not part of the Regulation)
These Regulations provide for the exemption from the provisions of section 1(1) of the
Wireless Telegraphy Act 1949 of apparatus for wireless telegraphy which is used under
suppressed radiation conditions on specified frequencies for non-operational purposes
(which are defined to include demonstration, development, modifying, repairing, servicing
or testing of radio equipment and scientific research, training, instruction or experimentation
in radio theory or practice). Accordingly, it will not be necessary to hold a licence to
establish, install and use such apparatus.
These Regulations do not apply to apparatus which is exempt from the licensing
requirement under certain other instruments (regulation 4).
Regulation 6 provides for the terms, provisions and limitations of exemption. It requires
that the apparatus must not cause undue interference with any wireless telegraphy. The
Schedule sets out in detail certain minimum requirements concerning suppressed radiation.
Regulation 7 requires that the apparatus must be available for inspection and that its use
must cease or be restricted, on the demand of a person authorised in that behalf by the
Secretary of State. Regulation 8 requires a person using the apparatus to conduct
measurements to ascertain whether minimum requirements concerning suppressed radiation
are being complied with. Failure to comply with regulation 7 or 8 is an offence under
section 3 of the Wireless Telegraphy Act 1949.
Regulatory Impact
Assessment
Wireless Telegraphy (Non-Operational Use Under Suppressed
Radiation Conditions) (Exemption) Regulation 2003
July 2003
The Radiocommunications Agency is an Executive Agency of the Department of Trade and Industry.
The Agency’s website is located at www.radio.gov.uk
1.
Title
Wireless Telegraphy (Non-Operational Use Under Suppressed Radiation
Conditions) (Exemption) Regulation 2003.
1(i)
This RIA has been published to support Regulations replacing 1989 SI 1842,
titled “Wireless Telegraphy (Testing and Development Under Suppressed
Radiation Conditions) (Exemption) Regulations 1989”.
2.
The Issue
These Regulations provide for the exemption from the individual licensing
requirements of section 1(1) of the Wireless Telegraphy Act 1949, for wireless
telegraphy apparatus that is used under suppressed radiation conditions on
specified frequencies for non-operational purposes. This includes testing of
radio equipment, scientific research, training, instruction or experimentation in
radio theory or practice. Accordingly, it will not be necessary to hold a licence
to establish, install and use equipment for such applications.
3.
The Objective
The objectives of the proposed Regulations are:

to aid transparency on testing, demonstrating, modifying, repairing and
servicing radio equipment under suppressed radiation conditions;

to help provide a stimulus for innovative radio technologies; and

to increase competition and consumer choice.
4.
Risk Assessment
4(i)
Risk from maintaining the existing Regulations
Maintaining the current Regulations does not adequately meet the needs of
industry, who may wish to undertake testing and development and other nonoperational use of wireless equipment under suppressed radiation conditions.
4(ii)
Risk from changing the existing Regulations
There are no known risks in replacing the existing Regulations.
5.
Identifying the Benefits
Replacing the existing Regulations will aid transparency in the processes to
permit that persons may test, demonstrate, repair or service equipment under
suppressed radiation conditions. The proposed Regulations also extend the
parts of the radio spectrum in which such work can be undertaken, provided
that requirements set out in the Regulations relating to radiation of transmitters
are complied with.
6.
Business Sectors and End Users Affected
Many sectors of the economy would benefit by the proposed Regulations,
including:
7.
8.

the telecommunication industry;

radio equipment manufacturers and suppliers;

the electronics consumer market;

the retail consumer market; and

most other businesses and consumers.
Summary
Objective
Costs
Benefits
The Regulations will licence-
No direct costs incurred
Facilitating an
exempt wireless equipment to
for businesses or
open market for
be tested, demonstrated,
individuals, since
businesses and
repaired or serviced under
licence applications do
individuals alike
suppressed radiation conditions not have to be made
in the radio
under section 1(1) of the
and fees will not be
sector.
Wireless Telegraphy Act 1949.
payable.
Recommendation
The recommendation is to make the Regulations.
Declaration
I have read the Regulatory Impact Assessment and I am satisfied that the
benefits justify the costs.
Signed by the responsible Minister
Signature……………………………………………..
Minister of State for Energy, E-Commerce and Postal Services
Date……………………………………………………
RIA prepared by:
Jo Madigan, Licensing Policy Unit, Radiocommunications Agency, 10B/20B,
Wyndham House, 189 Marsh Wall, London, E14 9SX.
Tel: 020 7211 0233. Email: jo.madigan@ra.gsi.gov.uk