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The Wireless Telegraphy (Exemption) Regulations 2021 in England

S.I. 2021/493 · Made 20 April 2021 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 29 April 2026.

Electronic Communications

Made 20th April 2021

Coming into force 12th May 2021

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 M1 (“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.

Annotations to the whole text

Marginal citations

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).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Revocations
  4. 4Short range devices
  5. 5Fixed wireless systems Repealed
  6. 6High density fixed satellite service systems
  7. 7Personal locator beacons
  8. 8Earth stations in motion
  9. 9Citizens' Band Radio Equipment
  10. 10Safety related intelligent transport systems
  11. 11Autonomous maritime radio devices
  12. 12Coastal station radio training school
  13. 13Fixed wireless access
  14. Signature
  15. Schedule Revocations
  16. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Wireless Telegraphy (Exemption) Regulations 2021 and shall come into force on 12th May 2021.

2InterpretationI1

In these Regulations—

  • “the Act” means the Wireless Telegraphy Act 2006; and

  • F1autonomous 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—

    1. (a)

      operating within the UK territorial sea; or

    2. (b)

      where not operating within the UK territorial sea, released from—

      1. (i)

        within the United Kingdom or UK territorial sea; or

      2. (ii)

        a ship that is registered in the United Kingdom;

  • “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));

  • “GHz” means gigahertz.

  • “indoors” means inside premises which—

    1. (a)

      have a ceiling or a roof; and

    2. (b)

      except for any doors, windows or passageways, are wholly enclosed

  • F2“MHz” means megahertz; and

  • “non-geostationary satellite” means a satellite that does not remain fixed relative to a position on the surface of the earth.

3RevocationsI1

The Regulations specified in the Schedule are revoked to the extent specified.

4Short range devicesI1

The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with an interface requirement which forms part of the publication F1“IR 2030 – UK Interface Requirement 2030, Licence Exempt Short Range Devices (SRDs)”, published by OFCOM in April 2026, 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; and

(b)

in cases where the interface requirement does not state that airborne use is permitted, use is not airborne.

5Fixed wireless systemsF1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6High density fixed satellite service systemsI1

The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the interface requirements which form part of the publication F1“IR 2066 – UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS)”, published by OFCOM in April 2026, is exempt from the provision of section 8(1) of the Act, if—

(a)

it does not cause or contribute to any undue interference to any wireless telegraphy; F2...

(b)

use is not airborne F3; and

F4(c)

it is not connected to a non-geostationary satellite.

7Personal locator beaconsI1

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 F1“IR 2084 – UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land”, published by OFCOM in June 2021, 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.

8Earth stations in motionF5I1

The use of wireless telegraphy apparatus complying with the interface requirements which form part of the publication F1“UK Interface Requirement (IR) 2093 Earth Stations in Motion”, published by OFCOM in March 2023, 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)

it is not used on board an aircraft and use is not otherwise airborne; F2...

(c)

it is not used on board a ship F3; and

F4(d)

it is not connected to a non-geostationary satellite.

9Citizens' Band Radio EquipmentI1

The use of wireless telegraphy apparatus complying with the interface requirements F1which 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, 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.

10Safety related intelligent transport systemsF1

(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.

11Autonomous maritime radio devicesF1

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.

12Coastal station radio training schoolF1

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.

13Fixed wireless accessF1

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.

Signature

Philip Marnick

Group Director, Spectrum Group

Office of Communications

RevocationsI1

RegulationsReferencesExtent of revocation
Wireless Telegraphy (Exemption and Amendment) Regulations 2010S.I. 2010/2512Regulation 4
Regulation 5
Regulation 6
Regulation 7
Regulation 8
Regulation 9
Regulation 10
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2011S.I. 2011/3035The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2013S.I. 2013/1253The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2014S.I. 2014/1484The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2017S.I. 2017/746The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2018S.I. 2018/263Regulation 2
Regulation 3(2)
Wireless Telegraphy (Exemption and Amendment)(Amendment)(No.2) Regulations 2018S.I. 2018/1140The whole Regulations
Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2020S.I. 2020/549

The whole Regulations

Explanatory note

(This note is not part of the Regulations)

These Regulations introduce new provisions and consolidate existing legislation which exempts the establishment, installation and use of certain radio equipment which comply with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c. 36).

Regulation 4 exempts the establishment, installation and use of short-range devices, subject to certain terms and limitations set out in the new Interface Requirements published in 2021.

These Regulations also consolidate existing legislation by revoking previous regulations (the revocation is in regulation 3) and by exempting (in regulations 5 to 9) the establishment, installation and use of fixed wireless systems, high-density fixed satellite service systems, personal locator beacons, earth stations on mobile platforms, and citizens' band radio equipment, which comply with certain technical requirements, from the requirement to be licenced under section 8(1) of the Wireless Telegraphy Act 2006 (c 36).

Technical requirements are set out in Interface Requirement documents. The Interface Requirements are published by OFCOM and available from OFCOM's website at https://www.ofcom.org.uk or from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA.

A full regulatory impact assessment of the effect that these Regulations will have on costs to business is available to the public from OFCOM's website at https://www.ofcom.org.uk or from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA. Copies of the assessment have also been placed in the libraries of both Houses of Parliament.