Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009.

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A decision made (21/07/2009) regarding: Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009.

Decision Reference: MD-E-2009-0127
Decision Summary Title :	The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2009		Date of Decision Summary:	20 July 2009
Decision Summary Author:	Director Regulatory Services		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2009		Date of Written Report:	20 July 2009
Written Report Author:	Director Regulatory Services		Written Report : Public or Exempt?	Public
Subject: The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2009
Decision(s): The Minister agrees to the extension of the above Regulations.
Reason(s) for Decision: The decision to request extension is based on the move to deregulate and standardise the use of Ultra-Wideband technologies across Europe. Ofcom has requested the view of the Insular Authorities. The Minister believes that keeping Jersey in step with the United Kingdom, together with deregulating and simplifying the use of these technologies is in the best interests of the Island.
Resource Implications: There are no measurable financial or manpower costs for the States.
Action required: Director of Regulatory Services to inform the Law Officers and International Relations Officer, that the Minister has approved the decision to request extension.
Signature:		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009.

Economic Development Report

The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009

The Minister must approve all extensions of Wireless Telegraphy Regulations to the Island before Ofcom may exercise powers conferred by section 8(3) of the Wireless Telegraphy Act 2006, as extended by the Wireless Telegraphy (Jersey) Order 2006.

Draft Regulations were prepared in 2007 in the United Kingdom, but were not extended to the Island. The former Minister, however, in MD-E-2007-0135 did approve the extension in principle. The 2009 Regulations do not differ in large measure from the earlier copy and the purpose of this report is to brief the Minister on the underlying policy requirements. The Regulations refer to both automotive and locomotive modes of transport and notwithstanding the lack of railways on the Island it is considered of little consequence and not worth amending.

UWB is a generic term for technologies typically characterised by the emission of very low power radiation spread over a very large radio bandwidth.

Ofcom believe that globalisation of the marketplace and increased interest from businesses in the potential of UWB technology has led to a growing need for more international solutions which utilise spectrum in a harmonised manner for UWB technology. UWB solutions now have the advanced technical characteristics necessary, for example, to allow for the co-location of multiple devices in a small area which is a requirement of the Short Range Device, consumer electronics, retail and logistics industries. Implementation of the Decision on UWB will go some way towards addressing these requirements and enable the benefits of this new technology to be realised. In a local context this would mean that supermarkets, for example, could be able to use the technology to track their stock and build up better customer profiles without the need for a WT Act licence.

Ofcom consulted on policy considerations with respect to UWB technology in 2005 and after further stakeholder meetings Ofcom published a paper in September 2005 which set out the UK’s strategy for the implementation of UWB technology in Europe.

After lengthy negotiations and discussions between Member States, the decision to allow the use of the radio spectrum for equipment using UWB technology in a harmonised manner in the Community was published on 21 February 2007. The Decision requires that Member States make available the use of radio spectrum for UWB technology on a non-interference and non-protected basis. The Decision was addressed to all Member States to implement as early as possible, but no later than 21 August, six months following the entry into force of the Decision.

Ofcom aims to support the development of innovative radio technologies and applications. The 2007 Regulations contained proposals to enable new technologies to be introduced into the UK and to operate on a licence-exempt basis. To implement that Decision, Ofcom proposed to make spectrum available by a Statutory Instrument (Regulations) which permits the use of UWB equipment without the need to hold a licence under the Act.

Extension of these Regulations is considered to be in the Island's interest as it can potentially serve to reduce regulatory hurdles to the development and use of new technologies on the Island and provides no disbenefit.

Director of Regulatory Services

Economic Development

July 2009

STATUTORY INSTRUMENTS

2009 No.

Electronic communications

The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009

Made - - - - ***

Coming into force - - ***

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by section 8(3) of the Wireless Telegraphy Act 2006 ( 1 ), (“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 122(4)(b) of the Act and have considered the representations made to them before the time specified in that notice in accordance with section 122(4)(c) of the Act.

Citation and commencement

These Regulations may be cited as the Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2009 and shall come into force on [XXXX].

Revocation

The Wireless Telegraphy (Ultra-Wideband Equipment)(Exemption) Regulations 2007( 2 ) and the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption)(Amendment) Regulations 2007( 3 ) are hereby revoked.

Interpretation

In these regulations—

“automotive vehicle” has the meaning given for “vehicle” by Article 2 of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers( 4 );

“building material analysis equipment” means a field disturbance sensor that is designed to detect the location of objects within a building structure or to determine the physical properties of a building material;

“dBm” means decibel per milliWatt;

“dBm/MHz” means decibel per milliWatt per megahertz;

“e.i.r.p.” means equivalent isotropic radiated power;

“equivalent transmission level” means the peak level of transmission contained within a bandwidth which is other than 50 MHz, centred on the frequency at which the highest mean radiated power occurs, and which is the relevant maximum peak e.i.r.p. scaled down by a factor of 20log(50/x)dB, where “x” is the other bandwidth expressed in MHz;

“GHz” means gigahertz;

“indoors” means inside buildings or places in which the shielding will typically provide the necessary attenuation to protect wireless telegraphy against harmful interference;

“mean e.i.r.p. density” means the mean e.i.r.p. measured with a 1 MHz resolution bandwidth, a root-mean-square detector and an averaging time of one millisecond or less;

“MHz” means megahertz;

“peak e.i.r.p.” means the peak e.i.r.p. contained within a 50 MHz bandwidth centred on the frequency at which the highest mean radiated power occurs;

“radiated into the air” means those parts of the signal emitted by specific applications of ultra-wideband technology which are not absorbed by their shielding or by the material under investigation;

“railway vehicle” has the meaning given by Article 3 of EC Regulation 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics( 5 );

“total radiated power density” means the mean e.i.r.p. density values measured over a sphere around the measurement scenario with a resolution of at least 15 degrees;

“transmitter power control” means a mechanism that mitigates interference on the aggregate power from a number of devices.

“ultra-wideband equipment” means a wireless telegraphy station or wireless telegraphy apparatus incorporating, as an integral part or as an accessory, technology for short-range radiocommunication involving the intentional generation and transmission of radio-frequency energy that spreads over a frequency range wider than 50 MHz, which may overlap several frequency bands allocated to wireless telegraphy.

Exemption—general use

The establishment, installation or use of ultra-wideband equipment complying with the terms, provisions and limitations set out in regulations 5 and 6, is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006( 6 ).

Transmission limits

—(1) The exemption provided for in regulation 4 shall apply to ultra-wideband equipment which satisfies the conditions set out in paragraphs (2) to (7) of this regulation.
1. The equipment is used—
  1. indoors; or
  2. other than indoors provided it is not:
    1. attached to a fixed installation;
    2. attached to a fixed infrastructure;
    3. attached to a fixed outdoor antenna; or
    4. attached to, or used in, an automotive vehicle or railway vehicle.
2. The equipment does not cause or contribute to undue interference to any wireless telegraphy.
3. The equipment only emits transmissions in compliance with the conditions prescribed in paragraph (5).
4. The equipment only emits transmissions at frequencies up to 1.6 GHz, or above and including 1.6 GHz up to and including 10.6 GHz, or at frequencies above 10.6 GHz which:
  1. at frequencies up to 1.6 GHz when measured in any direction have:
    1. a maximum mean mean e.i.r.p. density no greater than -90.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -50.0 dBm or the equivalent transmission level;
  2. at frequencies above and including 1.6 GHz and up to and including 2.7 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -85.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level;
  3. at frequencies above 2.7 GHz and up to and including 3.4 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -36.0 dBm or the equivalent transmission level;
  4. at frequencies above 3.4 GHz and up to and including 3.8 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -80.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -40.0 dBm or the equivalent transmission level;
  5. at frequencies above 3.8 GHz and up to and including 4.2 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -30.0 dBm or the equivalent transmission level;
  6. at frequencies above 4.2 GHz and up to and including 4.8 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p density no greater than -41.3 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level;
  7. at frequencies above 4.8 GHz and up to and including 6.0 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -30.0 dBm or the equivalent transmission level;
  8. at frequencies above 6.0 GHz and up to and including 8.5 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level;
  9. at frequencies above 8.5 GHz up to and including 10.6 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -65.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -25.0 dBm or the equivalent transmission level;
  10. at frequencies above 10.6 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -85.0 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level.

Transmission mitigation

—(1) The exemption provided for in regulation 4 shall also apply where the equipment emits transmissions which, when measured in any direction, have higher e.i.r.p. limits at particular frequencies than those prescribed in regulation 5(5) above, if—
1. techniques for mitigating interference described in the harmonised standards adopted under Article 5 of Directive 1999/5/EC( 7 ) are used; or
2. techniques for mitigating interference are used which achieve at least an equivalent level of protection to other users of the electromagnetic spectrum as provided by those limits.
1. A mitigation technique that may be used under paragraph 6(1)(b) for equipment operating above 3.1 GHz and up to and including 4.8 GHz includes a low duty cycle mitigation technique which results in transmissions which—
  1. when measured in any direction, have a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz;
  2. the duration of each transmission does not exceed five milliseconds;
  3. the sum of all transmitted signals in any second is less than 5% of that second;
  4. the sum of all transmitted signals in any hour is less than 0.5% of that hour; and
  5. the maximum peak e.i.r.p. is no greater than 0.dBm or the equivalent transmission.
2. A mitigation technique that may be used under paragraph 6(1)(b) also includes, for equipment operating above 3.1 GHz and up to and including 4.8 GHz and at frequencies above 8.5 and up to and including 9.0 GHz, a detect and avoid mitigation technique, which results in transmissions which—
  1. when measured in any direction, transmissions have a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz; and
  2. have a maximum peak e.i.r.p no greater than 0.dBm

Exemption—use in automotive and railway vehicles

The establishment, installation or use of ultra-wideband equipment complying with the terms, provisions and limitations set out in regulations 8 and 9 is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006( 8 ).

Use in automotive and railway vehicles—transmission limits

—(1) The exemption provided for in regulation 7 shall apply to ultra-wideband equipment which satisfies the conditions set out in paragraphs (2) to (5) of this regulation.
1. The equipment is used in an automotive vehicle or a railway vehicle.
2. The equipment does not cause or contribute to undue interference to any wireless telegraphy.
3. The equipment only emits transmissions at frequencies up to and including 4.2 GHz, or at frequencies between 4.8 GHz and up to and including 6.0 GHz, or at frequencies above 8.5 GHz which, when measured in any direction, have a maximum mean e.i.r.p. density and a maximum peak e.i.r.p. density no greater than the limits prescribed in regulation 5(5) above.
4. The equipment only emits transmissions at frequencies between 4.2 GHz and up to and including 4.8 GHz and at frequencies between 6.0 GHz and up to and including 8.5 GHz which—
  1. when measured in any direction, have a maximum mean e.i.r.p density no greater than -41.3 dBm/MHz provided that—
    1. a transmitter power control range of at least 12dB is used to mitigate aggregate interference that provides at least equivalent performance to the techniques described in harmonised standards adopted under Article 5 of Directive 1999/5/EC(9); and
    2. the maximum peak e.i.r.p. is no greater than 0.dBm or the equivalent transmission; or
  2. in any other case, have a maximum mean e.i.r.p. density no greater than -53.3 dBm/MHz.

Use in automotive and railway vehicles—transmission mitigation

—(1) The exemption provided for in regulation 7 shall also apply where the equipment emits transmissions which, when measured in any direction, have higher e.i.r.p. limits at particular frequencies than those prescribed in regulation 8(4), or have the same e.i.r.p. limits at particular frequencies as those prescribed in regulation 8(5) above, if—
1. techniques for mitigating interference described in the harmonised standards adopted under Article 5 of Directive 1999/5/EC(10) are used; or
2. techniques for mitigating interference are used which achieve at least an equivalent level of protection to other users of the electromagnetic spectrum as provided by those limits.
1. A mitigation technique that may be used under paragraph 9(1)(b) for equipment operating above 3.1 GHz and up to and including 4.8 GHz, include a low duty cycle mitigation technique which results in transmissions which—
  1. when measured in any direction, have a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz;
  2. the duration of each transmission does not exceed five milliseconds;
  3. the sum of all transmitted signals in any second is less than 5% of that second;
  4. the sum of all transmitted signals in any hour is less than 0.5% of that hour; and
  5. the maximum peak e.i.r.p. is no greater than 0.dBm or the equivalent transmission.
2. A mitigation technique that may be used under paragraph 9(1)(b) also includes, for equipment operating above 3.1 GHz and up to and including 4.8 GHz and at frequencies above 8.5 and up to and including 9.0 GHz, a detect and avoid mitigation technique which results in transmissions which—
  1. when measured in any direction, have a maximum e.i.r.p. density no greater than -41.3 dBm/MHz provided that—
    1. a transmitter power control range of at least 12dB is used to mitigate aggregate interference; and
    2. the maximum peak e.i.r.p. is no greater than 0.dBm or the equivalent transmission; or
  2. when measured in any direction, have a maximum e.i.r.p. density no greater than -53.3 dBm/MHz.

Exemption—building material analysis equipment

The establishment, installation or use of ultra-wideband equipment complying with the terms, provisions and limitations set out in regulation 10 is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006( 11 ).

Building material analysis equipment

—(1) The exemption provided for in regulation 10 shall apply to building material analysis equipment which satisfies the conditions set out in paragraphs (2) to (4) of this regulation.
1. The equipment does not cause or contribute to undue interference to any wireless telegraphy.
2. The equipment only emits signals that are radiated into the air that do not exceed the following limits—
  1. at frequencies up to and including 1.215 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -85 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -45.0 MHz or the equivalent transmission level;
  2. at frequencies between 1.73 GHz and up to and including 2.200 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -65 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -25 dBm/MHz;
  3. at frequencies between 2.2 GHz and up to and including 2.5 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -50 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -10 dBm/MHz;
  4. at frequencies between 2.69 GHz and up to and including 2.7 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -55 dBm/MHz;
    2. a maximum peak e.i.r.p. density no greater than -15 dBm/MHz; and
    3. a maximum total radiated power density below -65 dBm/MHz;
  5. at frequencies between 3.4 GHz and up to and including 4.8 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -50 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -10 dBm/MHz;
  6. at frequencies between 4.8 GHz up to and including 5.0 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -55 dBm/MHz;
    2. a maximum peak e.i.r.p. density no greater than -15 dBm/MHz; and
    3. a maximum total radiated power density below -65dBm/MHz;
  7. at frequencies between 5.0 GHz and up to and including 8.0 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -50 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -10 dBm/MHz;
  8. at frequencies between 8.0 GHz and up to and including 8.5 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -70 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -30 dBm/MHz;
  9. at frequencies above 8.5 GHz when measured in any direction have:
    1. a maximum mean e.i.r.p. density no greater than -85 dBm/MHz; and
    2. a maximum peak e.i.r.p. density no greater than -45 dBm/MHz.
3. The equipment only emits signals that are radiated into the air that do not exceed the following limits:
  1. at frequencies between—
    1. 1.215 GHz and up to and including 1.73 GHz when measured in any direction have:

(aa) a maximum mean e.i.r.p. density no greater than -85 dBm/MHz; and

(bb) a maximum peak e.i.r.p. density no greater than -45 dBm/MHz;

2.5 GHz and up to and including 2.69 GHz when measured in any direction have:

(aa) a maximum mean e.i.r.p. density no greater than -65 dBm/MHz; and

(bb) a maximum peak e.i.r.p. density no greater than -25 dBm/MHz;

2.7 GHz and up to and including 3.4 GHz when measured in any direction have:

(aa) a maximum mean e.i.r.p. density no greater than -82 dBm/MHz; and

(bb) a maximum peak e.i.r.p. density no greater than -42 dBm/MHz; or

at frequencies between 1.215 GHz and up to and including 1.73 GHz when measured in any direction, a maximum mean e.i.r.p. density no greater than -70 dBm/MHz provided that techniques are used to mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Article 5 of Directive 1999/5/EC( 12 ); or
at frequencies between 2.5 up to and including 2.69 GHz and at frequencies between 2.7 GHz up to and including 3.4 GHz, a maximum e.i.r.p. density no greater than -50 dBm/MHz provided that techniques are used to mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under Article 5 of Directive 1999/5/EC( 13 ).

XXXXXXXXX

Chief Executive of the Office of Communications

Date For and by authority of the Office of Communications

EXPLANATORY NOTE

(This note is not part of the Regulations)

(1) 2006 c.36

(2) 2007/2084

(3) 2007/2440

(4) OJ No L 42, 23.2.70, p1.

(5) OJ No L 14, 21.1.03, p1.

(6) 2006 c.36

(7) Directive of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, 9 March 1999.

(8) 2006 c.36

(9) Directive of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, 9 March 1999.

(10) Ibid.

(11) 2006 c.36

(12) Directive of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, 9 March 1999.

(13) Ibid. .