The Wireless Telegraphy (Exemption) (Amendment) (No. 2) Regulations 2026
Expanded the categories of radio equipment exempt from licensing to include certain maritime autonomous devices, training stations, and broadband systems.
These regulations amend the Wireless Telegraphy (Exemption) Regulations 2021 to remove the requirement for individual licences for certain classes of radio equipment.
They establish new categories for licence-exempt use, specifically covering autonomous maritime radio devices operating at 160.9 MHz, indoor maritime radio training equipment, and fixed wireless access apparatus in the 5.8 GHz band.
The regulations apply to any person or entity establishing, installing, or using such equipment within the United Kingdom or its territorial sea, provided the equipment meets specific technical interface requirements and does not cause undue interference.
Arguments For
The order states that the exemptions apply to specific wireless telegraphy stations and apparatus that comply with designated technical terms, provisions, and limitations.
The document indicates that the regulations were preceded by a public notice and consultation period, during which OFCOM considered representations from interested parties.
According to the explanatory note, the changes regarding autonomous maritime radio devices align with Recommendation ITU-R M.2135-1 published by the International Telecommunication Union.
The legislation provides a legal basis for indoor training activities and specific maritime operations to proceed without the administrative requirement of individual licensing provided they meet interference mitigation standards.
Arguments Against
Legal scholars might note that the exemptions are contingent on compliance with technical interface requirements published by OFCOM, which may be updated, creating a potential reliance on external, non-statutory documents.
Maritime operators might face difficulties ensuring equipment remains within the one-meter height restriction required for the autonomous maritime radio device exemption.
Technical experts could express concern regarding the requirement for interference mitigation techniques in the 5725-5850 MHz band, as the effectiveness depends on adherence to specific ETSI standards or "equivalent" performance which is not strictly defined in the text.
Citation and commencement
- These Regulations may be cited as the Wireless Telegraphy (Exemption) (Amendment) (No. 2) Regulations 2026 and shall come into force on 29th April 2026.
This section provides the official name of the regulations and establishes the date they become legally active. The provisions take effect on 29th April 2026.
Amendment of the Wireless Telegraphy (Exemption) Regulations 2021
- -(1) The Wireless Telegraphy (Exemption) Regulations 2021 are amended as follows.
(2) In regulation 2 (Interpretation), at the appropriate place insert-
'autonomous maritime radio device' means a mobile wireless telegraphy station or wireless telegraphy apparatus which transmits independently of any wireless telegraphy ship station or coast station, (and is not used for the purpose of safety of navigation of the vessel) that is-
- (a) operating within the UK territorial sea; or
- (b) where not operating within the UK territorial sea, released from-
- (i) within the United Kingdom or UK territorial sea; or
- (ii) a ship that is registered in the United Kingdom;
'ETSI EN 302 502' means the harmonised standard published by the European Telecommunications Standards Institute (ETSI) entitled 5.8 GHz fixed broadband data transmitting systems (ETSI EN 302 502 V2.1.1 (6th March 2017));
'indoors' means inside premises which-
- (a) have a ceiling or a roof; and
- (b) except for any doors, windows or passageways, are wholly enclosed'.
(3) In regulation 4 (Short range devices) for 'IR 2030 - UK Interface Requirements 2030 Licence Exempt Short Range Devices', published by OFCOM in March 2023, is exempt' substitute 'IR 2030 - UK Interface Requirement 2030, Licence Exempt Short Range Devices (SRDs)', published by OFCOM in April 2026, is exempt'.
(4) In regulation 6 (High density fixed satellite service systems) for 'IR 2066 - UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS)', published by OFCOM in March 2023, is exempt' substitute 'IR 2066 - UK Interface Requirement 2066, High Density Fixed Satellite Service Systems (HDFSS)', published by OFCOM in April 2026, is exempt'.
(5) After regulation 10 (Safety related intelligent transport systems) insert-
' Autonomous maritime radio devices
- The establishment, installation and use of an autonomous maritime radio device on the frequency 160.9 MHz is exempt from the provisions of section 8(1) of the Act, if-
- (a) it complies with the interface requirements which form part of the publication 'IR 2113-UK Interface Requirement 2113, Autonomous Maritime Radio Devices (AMRD) operating in the frequency band 156-162.05 MHz', published by OFCOM in April 2026;
- (b) it does not cause or contribute to undue interference to any wireless telegraphy; and
- (c) it operates at a height no higher than one metre above sea level.
Coastal station radio training school
- The establishment, installation and use of a wireless telegraphy station or wireless telegraphy apparatus is exempt from the provisions of section 8(1) of the Act, if-
- (a) it complies with the interface requirements which form part of the publication 'IR 2114 - UK Interface Requirement 2114 Coastal Station Radio (Training School)', published by OFCOM in April 2026;
- (b) it is used indoors;
- (c) it does not cause or contribute to undue interference to any wireless telegraphy; and
- (d) it is used for the purposes of training individuals to use maritime radio.
Fixed wireless access
- The establishment, installation and use of a wireless telegraphy station or wireless telegraphy apparatus within the frequency band 5725 MHz to 5850 MHz is exempt from the provisions of section 8(1) of the Act, if-
(a) it complies with the interface requirements which form part of the publication 'IR 2007 - UK Interface Requirement 2007 Fixed Broadband Services operating in the 5725 - 5850 MHz band', published by OFCOM in April 2026;
(b) it does not cause or contribute to undue interference to any wireless telegraphy; and
(c) techniques to access spectrum and mitigate interference described in ETSI EN 302 502 (at paragraph 4.2.4 for Transmit Power Control and paragraph 4.2.6 for Dynamic Frequency Selection) are used, or other techniques that provide at least equivalent performance to the techniques described in ETSI EN 302 502 are used.'.
This section updates the 2021 Regulations by defining new terms and updating references to technical interface documents for short range devices and satellite systems.
It introduces three new categories of equipment that do not require a wireless telegraphy licence: autonomous maritime devices on 160.9 MHz, indoor maritime training equipment, and certain fixed wireless access devices in the 5725-5850 MHz range.
To qualify for these exemptions, users must ensure their equipment follows specific OFCOM technical standards, avoids creating interference, and, in the case of maritime devices, stays within specified height or indoor location limits.
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