The Wireless Telegraphy (Direct to Device Satellite Communications) (Exemption) Regulations 2026
OFCOM created these Regulations, which came into force on February 25, 2026, to exempt the establishment, installation, and use of wireless telegraphy apparatus for direct-to-device satellite services from standard licensing requirements under the Wireless Telegraphy Act 2006, provided strict technical conditions regarding operating frequencies, mandated ETSI standards, maximum power levels, and non-airborne operation are met, while specifically excluding apparatus that qualifies as a commercial multi-user gateway device.
Arguments For
Facilitates the deployment of innovative 'direct to device' services using mobile satellite systems without requiring individual apparatus licensing under Section 8(1) of the Wireless Telegraphy Act 2006.
Establishes clear technical parameters (frequency bands, operation standards, and transmitted power limits) ensuring the exempted apparatus minimizes harmful interference with existing wireless telegraphy.
Provides regulatory clarity by referencing specific, published European Telecommunications Standards Institute (ETSI) standards for GSM, UMTS, LTE, and 5G NR technologies operating in this domain.
Addresses contemporary communication needs by specifically regulating satellite communications enabling terrestrial users to communicate directly with space stations.
Arguments Against
The exemption carve-out for 'commercial multi-user gateway devices' requires careful definition enforcement to prevent regulatory loopholes that could lead to unauthorized high-power usage or spectrum overcrowding.
Reliance on specific, named versions of ETSI standards (e.g., V12.5.1 for GSM) creates a dependency on external bodies for ongoing compliance status regarding future technology iterations.
While power limits are set (30 dBm or 25 dBm), monitoring and ensuring compliance across potentially widespread, user-operated direct-to-device apparatus presents an ongoing enforcement challenge for OFCOM.
The regulations explicitly exclude implementation in the Channel Islands and the Isle of Man, creating jurisdictional limitations for operators serving those areas.
STATUTORY INSTRUMENTS
2026 No. 139
ELECTRONIC COMMUNICATIONS
The Wireless Telegraphy (Direct to Device Satellite Communications) (Exemption) Regulations 2026
This identifies the legal instrument as a Statutory Instrument from 2026, numbered 139, concerning Electronic Communications and specifically titled the Wireless Telegraphy (Direct to Device Satellite Communications) (Exemption) Regulations 2026.
Made - - - -
16th February 2026
Coming into force - -
25th February 2026
These Regulations were formally made on February 16, 2026, and legally came into force ten days later, on February 25, 2026.
The Office of Communications ('OFCOM'), in exercise of the powers conferred by sections 8(3) and 122(7) of the Wireless Telegraphy Act 2006 ('the Act')( 1 ), makes the following Regulations.
The Office of Communications (OFCOM) is enacting these Regulations using the authority granted by sections 8(3) and 122(7) of the Wireless Telegraphy Act 2006 (referred to as 'the Act').
Before making these Regulations, OFCOM have given indexOf1 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.
Before finalizing these rules, OFCOM legally followed the required consultation process under the Act.
This involved giving notice of the proposal, publishing that notice, and carefully reviewing all representations received before the submission deadline.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Wireless Telegraphy (Direct to Device Satellite Communications) (Exemption) Regulations 2026 and shall come into force on 25th February 2026.
- (2) These Regulations shall not extend to the Channel Islands nor to the Isle of Man.
The first article establishes that the official short title is the Wireless Telegraphy (Direct to Device Satellite Communications) (Exemption) Regulations 2026, confirming the commencement date of February 25, 2026.
Furthermore, the rules do not legally apply to the Channel Islands or the Isle of Man.
Interpretation
- In these Regulations-
'associated facility', 'electronic communications network' and 'electronic communications service' have the meaning given in section 32 of the Communications Act 2003( 2 );
'dBm' means decibels of power referenced to one milliWatt;
'mobile satellite system' means an electronic communications network and associated facilities which is capable of providing radio-communications services between mobile earth stations and one or more space stations; and
'total radiated power' is the integral of the power transmitted in different directions over the entire radiation sphere, measured when the apparatus is transmitting.
This regulation defines key terms used throughout the document to ensure clarity.
Terms like 'associated facility,' 'electronic communications network,' and 'electronic communications service' must align with definitions provided in the Communications Act 2003.
It also defines 'dBm' (a measure of power relative to one milliwatt), 'mobile satellite system' as a network enabling communication between mobile ground stations and space stations, and 'total radiated power' as the aggregate power transmitted in all directions during transmission.
Exemption
- -(1) Except in the situation described in paragraph (3), the establishment, installation and use of wireless telegraphy apparatus for direct to device services is exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006 where the terms, provisions and limitations in regulation 4 are met. (2) Direct to device services are wireless electronic communications services provided by an undertaking operating a mobile satellite system to enable terrestrial users of electronic communications to send and receive radio signals directly to and from a space station. (3) The situation referred to in paragraph (1) is where the wireless telegraphy apparatus is (or forms part of) a commercial multi-user gateway device. (4) A commercial multi-user gateway device is a device utilising more than one SIM card and onto which telephone voice calls or SMS messages for more than one end user are (or could be) diverted for onward wireless transmission utilising one (or more than one) of the SIM cards associated with the device.
Regulation 3 grants an exemption from Section 8(1) of the Wireless Telegraphy Act 2006 for setting up or using specific wireless apparatus for direct-to-device services, provided all requirements in Regulation 4 are satisfied.
Direct-to-device services are defined as wireless communications provided via a mobile satellite system allowing regular terrestrial users to send and receive signals directly to a space station.
However, this exemption does not apply if the apparatus constitutes a 'commercial multi-user gateway device.' Such a device is described as one using multiple SIM cards to handle or divert voice calls or SMS messages for multiple end-users for subsequent wireless transmission.
Terms, provisions and limitations
- -(1) The terms, provisions and limitations are those in paragraphs (2) to (9).
(2) The wireless telegraphy apparatus must not cause or contribute to any undue interference to any wireless telegraphy.
(3) The use of the wireless telegraphy apparatus must not be airborne.
(4) The wireless telegraphy apparatus must (when transmitting and receiving radio signals to and from a space station) only operate on radio frequencies within the frequency bands listed in paragraph (5).
(5) The frequency bands are-
- (a) 1710.1-1715.9 Megahertz; and
- (b) 1805.1-1810.9 Megahertz.
(6) The wireless telegraphy apparatus must (when transmitting and receiving radio signals to and from a space station) only operate using one (or more than one) of the standards listed in paragraph (7), which are published by the European Telecommunications Standards Institute( 3 ).
(7) The standards are-
- (a) the GSM standard with reference EN 301 511 V12.5.1;
- (b) the UMTS standards with references-
- (i) EN 301 908-1 V15.2.1; and
- (ii) EN 301 908-2 V13.1.1;
(c) the LTE standards with references-
- (i) EN 301 908-1 V15.2.1; and
- (ii) EN 301 908-13 V13.2.1; and
(d) the 5G new radio (NR) standards with references-
- (i) EN 301 908-1 V15.2.1; and
- (ii) EN 301 908-25 V15.1.1.
(8) When transmitting using the GSM standard the mean power must not exceed 30 dBm total radiated power.
(9) When transmitting using the UMTS standards, the LTE standards or the 5G new radio standard the mean power must not exceed 25 dBm total radiated power.
Regulation 4 outlines the specific mandatory conditions for the exemption to apply, detailing these across nine paragraphs.
The apparatus must not cause undue interference to other radio communications, and its use must not be airborne.
When communicating with the space station, the apparatus is restricted to operating within two specified frequency bands: 1710.1-1715.9 MHz and 1805.1-1810.9 MHz.
Operation must adhere to specific standards published by the European Telecommunications Standards Institute (ETSI), including precise versions for GSM, UMTS, LTE, and 5G New Radio (NR).
Finally, there are strict power limits: maximum mean total radiated power of 30 dBm when using GSM, and 25 dBm when using UMTS, LTE, or 5G NR standards.
16th February 2026
David Willis Group Director, Spectrum Group For and on behalf of the Office of Communications
This concludes the instrument, showing it was signed on February 16, 2026, by David Willis, Group Director, Spectrum Group, acting officially on behalf of OFCOM.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations set out the circumstances in which wireless telegraphy apparatus (including mobile phones) which are established, installed or used for direct to device services will be exempt from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006.
Regulation 3(2) describes direct to device services for the purposes of these Regulations.
Regulations 3(1) and 3(3) provide that the exemption will not apply where the wireless telegraphy apparatus is (or forms part of) a commercial multi-user gateway device. Regulation 3(4) describes what a commercial multi-user gateway device is.
Regulation 4(1) sets out terms, provisions and limitations to which the exemption is subject. In particular, Regulation 4(5) sets out the radio frequency bands on which the wireless telegraphy apparatus must be operated (for direct to device services).
Regulations 4(7) lists the European Telecommunications Standards Institute (ETSI) published standards with which the wireless telegraphy apparatus must operate, as required by regulation 4(6). These standards are available online from the ETSI website at https://www.etsi.org/. ETSI has published different versions of these standards and regulation 4(7) references the specific version to be complied with for the purposes of these Regulations.
Regulations 4(8) and 4(9) set out the power transmission limitations that must not be exceeded by the wireless telegraphy apparatus.
A full regulatory impact assessment of the effect of these Regulations is available on OFCOM's website at www.ofcom.org.uk. Hard copies of this assessment can be obtained free of charge by writing to OFCOM at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA (tel. 020 7981 3000). Copies of this assessment have also been placed in the library of both Houses of Parliament.
This section, which is informational and not legally binding, summarizes the main points.
It confirms the Regulations exempt wireless apparatus, including mobile phones, used for direct-to-device services from licensing under the Act.
It reiterates that the exemption excludes commercial multi-user gateway devices, which are defined in Regulation 3(4).
The summary specifies that the exemption is conditional upon meeting terms in Regulation 4, including adherence to specified radio frequency bands (Regulation 4(5)) and mandatory ETSI standards (Regulation 4(7)).
Finally, it notes the existence of detailed power limitations (Regulations 4(8) and 4(9)) and directs readers to the full Regulatory Impact Assessment published on OFCOM’s website.