
1 
These Regulations may be cited as the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1997 and shall come into force on 15th September 1997.
2 
In these Regulations “the Principal Regulations” means the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993.
3 
Regulation 1 of the Principal Regulations shall be re-numbered as regulation 1(1) and there shall be added the following paragraph —“
(2) These Regulations shall extend to the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man.”.
4 
In regulation 3 of the Principal Regulations—
(a) after the definition of “direct sequence spread spectrum modulation” there shall be inserted the following—“
 “EN45001 and EN45002” means European Standards (Normes Europeene) EN45001 and 45002 published in 1989 by the British Standards Institution;”;
(b) after the definition of “eirp” there shall be inserted the following—“
 “ETSI” means the European Telecommunications Standards Institute;”;
(c) after the definition of “frequency hopping spread spectrum modulation” there shall be inserted the following—“
 “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;”;
(d) for the words “public telecommunication system” and the definition which follows them, there shall be substituted—“
 “public switched network” means a public telecommunication system by means of which one-way or two-way telecommunication services are provided whereby messages are switched incidentally to their conveyance;”; and
(e) in the definition of “relevant short range device” for the words “the Schedule” there shall be substituted the words “Schedule 1”.
5 
Regulation 3 of the Principal Regulations shall be re-numbered as regulation 3(1) and there shall be added the following paragraph —“
(2) In these Regulations, “telecommunication apparatus”, “telecommunication service” and “telecommunication system” shall be construed in accordance with section 4 of the Telecommunications Act 1984.”.
6 
For paragraph (2) of regulation 4 of the Principal Regulations there shall be substituted the following—“
(2) The exemption in paragraph (1) above shall not apply to any relevant short range device 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 network, by means of which a telecommunication service is provided by way of business to another person.”.
7 
For regulation 5 of the Principal Regulations there shall be substituted the following—“
5 
The exemption provided for in regulation 4 shall be subject to the terms, provisions and limitations that—
(a) the relevant short range device shall not cause or contribute to any undue interference to any wireless telegraphy; and
(b) the relevant apparatus comprised in the relevant short range device is either—
(i) for the time being approved under section 84 of the Telecommunications Act 1984; or
(ii) 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, 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,
provided that sub-paragraph (i) above shall not apply in relation to an apparatus for the time being situated in the Bailiwick of Jersey.”.
8 
The Schedule to the Principal Regulations shall be re-named as Schedule 1 and—
(a) to the table in paragraph 1 there shall be added the following—“
863.00-864.00 MHz 10mW”;
(b) in the table in paragraph 3—
(i) after Category 5 there shall be inserted the following category—“
5A Apparatus designed for fixed, mobile or portable applications 13.4-14.0 GHz 1 W eirp;”; and
(ii) in Category 9 for “100 mW eirp” there shall be substituted “500 mW eirp”;
(c) to the table in paragraph 14 there shall be added the following category—“
5 High Performance Radio Local Area Networks (HIPERLANs) designed as short range, very high data rate sub-systems 5.15-5.30 GHz 1 W”;
(d) in the table in paragraph 15—
(i) to Category 2 there shall be added the following—“
40.66-40.7 MHz 10mW”; and
(ii) after Category 4 there shall be inserted the following category—“
4A Narrow band domestic telemetry and telecommand devices 173.20-173.35 MHz 1mW”; and
(e) there shall be added the following paragraphs—“
17 
Wireless telegraphy apparatus designed or adapted—
(a) for the transmission of visual images with or without speech to wireless telegraphy receiving apparatus installed in or upon any close circuit television apparatus; and
(b) so as to be capable of use only—
(i) within a frequency band of 1389 to 1399 MHz; and
(ii) at a power not exceeding 500 mW eirp.
18 
Any wireless telegraphy apparatus incorporating a microphone which is designed or adapted—
(a) with non-locking push to talk key or voice operated carrier;
(b) for the transmission within a channel bandwidth not exceeding 12.5 kHz; and
(c) so as to be capable of use only on one of the frequencies and at a power not exceeding the maximum for such frequencies specified in the table below—

Frequencies Maximum Power
 erp
173.5875 MHz 10mW
173.6 MHz 10mW”.
9 
There shall be added to the Principal Regulations the following schedule—“
SCHEDULE 2
Regulation 5
PART I
 ETSI Technical Standard I-ETS 300 220 “Radio Equipment and Systems (RES); Short range devices; Technical characteristics and test methods for radio equipment to be used in the 25 MHz to 1000 MHz frequency range with power levels ranging up to 500 mW” dated October 1993.
 ETSI Technical Standard I-ETS 300 330 “Radio Equipment and Systems (RES); Short range devices; Technical characteristics and test methods for radio equipment to be used in the frequency range 9 kHz to 25 MHz and inductive loop systems in the frequency range 9 kHz to 30 MHz.” dated December 1994.
 ETSI Technical Standard I-ETS 300 440 “Radio Equipment and Systems (RES); Short range devices; Technical characteristics and test methods for radio equipment to be used in the 1 GHz to 25 GHz frequency range.” dated December 1995.
 ETSI Technical Standard ETS 300 328“Radio Equipment and Systems (RES); Wideband data transmission systems; Technical characteristics and test conditions for data transmission equipment operating in the 2.4 GHz ISM band and using spread modulation techniques.” dated November 1996.
 ETSI Technical Standard I-ETS 300 422 “Radio Equipment and Systems (RES); Technical characteristics and test methods for wireless microphones in the 25 MHz to 3GHz frequency range.” dated December 1995.
 ETSI Technical Standard ETS 300 652“Radio Equipment and Systems (RES); High Performance Radio Local Area Network (HIPERLAN): Functional specification.” dated October 1996.

PART II

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Denmark DK
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Finland FI
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Germany D
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Hungary H
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Italy I
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Luxembourg L
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Sweden S
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Turkey TR
United Kingdom of Great Britain and Northern Ireland GB
Vatican City SCV”
Simon of Highbury
Minister for Trade and Competitiveness in Europe,
Department of Trade and Industry
17th August 1997