Explanatory note

These Regulations amend the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 (S.I. 1993/1591) as amended by the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1994 (S.I. 1994/2250) and the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1995 S.I. 1995/1081) (“the Principal Regulations”). The Principal Regulations provide for the exemption from the licensing requirements of section 1(1) of the Wireless Telegraphy Act 1949 (c. 54) of various short range devices, formerly known as low power devices, so that it is not necessary to hold a licence to establish, install and use the short range devices to which the Principal Regulations apply.

The Regulations add to the categories of exempted short range devices certain visual image transmission equipment and narrow band audio apparatus capable of use within specified frequency bands and at powers not exceeding the maximums specified (regulation 8).

The Regulations add a further frequency band at a specified maximum power to the category of exempted Cordless Audio Apparatus (regulation 8).

The Regulations extend the categories of exempted field disturbance and doppler apparatus to include apparatus designed for fixed, mobile or portable applications within a specified frequency band and at a specified maximum power and increase the maximum permitted power for any such apparatus not within any of the specified categories (regulation 8).

The Regulations also extend the categories of Short Range Data Links exempted to include apparatus designed to allow high performance wireless networks to be created without existing wired infrastructure or as an extension of a wired LAN and further extend the categories of telemetry and telecommand apparatus exempted to include narrow and domestic telemetry and telecommand devices within a specified frequency band and to a maximum specified power and increase the permitted power for general telemetry and telecommand devices (regulation 8).

Regulation 6 amends the Principal Regulations to provide that the exemption shall not apply to any short range device established, installed or used to provide a link between telecommunication apparatus, or a telecommunication system, and a public switched network by means of which a telecommunication service is provided by way of business to another person.

Regulation 7 amends regulation 5 of the Principal Regulations which provides that one of the conditions of exemption is that the apparatus must be approved by the Secretary of State under section 84 of the Telecommunications Act 1984. The amendment provides that as an alternative to such approval the apparatus may be approved to the European Telecommunications Standards referred to in Part I of Schedule 2 as appropriate by the national administration of a country listed in Part II of that Schedule following type testing at a test laboratory accredited in accordance with certain specified standards.

The Regulations also extend the Principal Regulations to the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man.

Copies of the European Telecommunications Standards referred to in Part I of Schedule 2 may be obtained from the British Standards Institution, 389 Chiswick High Road, London W4 4AL (Tel: 0181-996 7000) or from ETSI at 06921 Sophia Antipholis, Cedex, France (Tel: 00-33 92 94 42 00).