
1 
These Regulations may be cited as the Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997 and shall come into force on 1st October 1997.
2 

(1) In these Regulations—
 “the 1949 Act” means the Wireless Telegraphy Act 1949;
 “the 1984 Act” means the Telecommunications Act 1984;
 “authorised person” means any person authorised by the Secretary of State for the purposes of regulation 5;
 “BABT” means the British Approvals Board for Telecommunications;
 “Common Technical Regulation (CTR)” shall be construed in accordance with regulation 3(3) of the Telecommunications Terminal Equipment Regulations 1992;
 “EN45001 and EN45002” means European Standards (Normes Europeene) 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;
 “MPT 1324” means Department of Trade and Industry Performance Specification 1324 referred to in Part III of Schedule 2;
 “MPT 1326” means Department of Trade and Industry Performance Specification 1326 referred to in Part IV of Schedule 2;
 “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;
 “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 Schedule 1; 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) In these Regulations, “connected”, “convey” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act.
3 
Subject to regulation 4, the establishment and use of user stations are hereby exempted from the provisions of section 1(1) of the 1949 Act.
4 
The exemption provided for in regulation 3 shall be subject to the terms, provisions and limitations that—
(a) the user stations shall not cause or contribute to any undue interference to any wireless telegraphy; and
(b) the user station is subject to and complies with the Common Technical Regulations referred to in Part I of Schedule 2 as appropriate, failing which such user station:
(i) is for the time being approved by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations; or
(ii) is approved to the ETSI standards or the draft ETSI standards referred to in Parts I to IV of Schedule 2 as appropriate by the national administration of a country listed in Part V 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; or
(iii) complies with the requirements of MPT 1324 or MPT 1326 as appropriate; or
(iv) complies with the BABT performance standards relating to such user station referred to in Part III of Schedule 2 as appropriate,
provided that sub-paragraph (i) above shall not apply in relation to user stations situated in the Bailiwick of Jersey.
5 

(1) Where an authorised person has reasonable cause to believe that a user station is not complying with regulation 4, any person who is in possession or control of the user station shall, on the demand of that authorised person—
(a) permit and facilitate its inspection by that authorised person; and
(b) cause its use to—
(i) cease; or
(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 user station.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry
Department of Trade and Industry
2nd September 1997
SCHEDULE 1
Regulation 2(1)
1 
Public mobile data systems licensed on 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—

(a) cellular radiotelephones:
 Extended Total Access Communications System (ETACS): 872—888 MHz (MTx)917—933 MHz (BTx)

 Total Access Communications System (TACS): 890—905 MHz (MTx)935—950 MHz (BTx)

(b) digital cellular radiotelephones:
 Global System for Mobile communications (GSM): 905—915 MHz (MTx)950—960 MHz (BTx)

(c) digital cellular PCN radiotelephones:
 Personal Communications Network (PCN): 1805—1880 MHz (MTx)1710—1785 MHz (BTx)
For the purposes of this Schedule—
(i) “MTx” means Mobile Transmit, the frequency on which a user station transmits and a base station receives; and
(ii) “BTx” means Base Transmit, the frequency on which a base station transmits and a user station receives.
3 
Public access mobile radio systems licensed on the following frequency bands—
 174—208 MHz
 410—430 MHz.
SCHEDULE 2
Regulation 4
PART I

 CTR 005—Commission Decision of 21st December 1993 on a common technical regulation for the general attachment requirements for public pan-European cellular digital land-based mobile communications, including the ETSI Technical Basis for Regulation (TBR) TBR 005 published in November 1993.
 CTR 009—Commission Decision of 21st December 1993 on a common technical regulation for the telephony application requirements for public pan-European cellular digital land-based mobile communications, including the ETSI Technical Basis for Regulation TBR 009 published in November 1993.
 I-ETS 300 020-1 (Edition 2) published by ETSI in January 1995.
 TBR 019 published by ETSI in October 1996.
 TBR 020 published by ETSI in October 1996.
PART II

 Final Draft pr ETS 300 113 published by ETSI in March 1996.
 ETS 300 113 published by ETSI in July 1996.
PART III

 Department of Trade and Industry Performance Specification MPT 1324 published in July 1989 and revised and reprinted in July 1994.
 NTR13.

 BABT Special Investigation Test Schedule (SITS) 92/50 published in March 1991 and revised and reprinted in June 1995.
 Final Draft pr TBR 031: 1996—02 published by ETSI in February 1996.
 Final Draft pr TBR 032: 1996—02 published by ETSI in February 1996.
PART IV

 ETS 300 086 published by ETSI in January 1991.
 ETS 300 113 published by ETSI in July 1996.
 I-ETS 300 219 published by ETSI in October 1993.
 Department of Trade and Industry Performance Specification MPT 1326 published in November 1985 and revised and reprinted in May 1993.
PART V

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