SI 2026/1132 - The Wireless Telegraphy (Dynamic Spectrum Access Devices) (Exemption) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2026 No. 1132 ELECTRONIC COMMUNICATIONS The Wireless Telegraphy (Dynamic Spectrum Access Devices) (Exemption) Regulations 2026 Made - - - - 27th October 2026 Coming into force - - 10th November 2026 The Office of Communications (“OFCOM”) make these Regulations in exercise of the powers conferred by section 8(3) and 122(7) of the Wireless Telegraphy Act 2006 (“the Act”)(1).

Before making these Regulations, OFCOM gave notice of their proposal to do so, published notice of their proposal to do so, and considered representations made to them before the time specified in the notice, as required by section 122(4) to (6) of the Act.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Wireless Telegraphy (Dynamic Spectrum Access Devices) (Exemption) Regulations 2026 and shall come into force on 10th November 2026.

(2) These Regulations do not extend to the Channel Islands or the Isle of Man.

Interpretation

2. In these Regulations— “AFC system” means an automated radio frequency co-ordination system operated by an organisation registered by OFCOM under section 53A(1) of the Wireless Telegraphy Act 2006 to provide a dynamic spectrum access service(2) in the UK;

“dB” means decibels; “dBm” means decibels of power referenced to one milliWatt; “EIRP” means equivalent isotropic radiated power, which is the product of the power supplied to an antenna and the absolute or isotropic antenna gain in a given direction relative to an isotropic antenna, in dBm;

“geo-location capability” means the ability of a device to determine the latitude and longitude coordinates of the location of its antenna along with the height above ground level of its antenna and the geo-location uncertainty of the location of its antenna;

(1) 2006 c. 36.

(2) dynamic spectrum access service is defined in section 53A(7) of the Wireless Telegraphy Act 2006.Document Generated: 2026-10-30

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “geo-location uncertainty” means the uncertainty (in metres) of the location of a device’s antenna;

“MHz” means megahertz; “nominal bandwidth” means the band of frequencies, inclusive of guard bands, assigned to a channel; “nominal centre frequency” means the centre frequency of a channel; “nominal channel” means a radio frequency channel defined by its nominal centre frequency and nominal bandwidth;

“operational parameters” has the meaning described in regulation 11; “power spectral density” means the power per unit frequency of the transmitted signal, expressed in dBm per MHz; “unique device identifier” means a set of characters comprising the device manufacturer identifier, the device model identifier, and the device serial number.

Exemption

3. The establishment, installation and use of a dynamic spectrum access device is hereby exempt from the provisions of section 8(1) of the Act where the other terms, provisions and limitations in these regulations are met.

Dynamic spectrum access devices

4. A dynamic spectrum access device is a wireless telegraphy station or wireless telegraphy apparatus which—

(a) operates on radio frequencies within the frequency band 5925 to 7125 MHz;

(b) operates using techniques to mitigate radio interference which are at least equivalent to those described in the 6 GHz WAS/RLAN standard EN 303 687 v1.1.1 (2023-06) published by the European Telecommunications Standards Institute(3);

(c) operates only on land; and

(d) is—

(i)a standard power access point;

(ii)a fixed client device; or

(iii)a mobile client device.

Standard power access points

5. A standard power access point is a device which—

(a) has a geo-location capability;

(b) operates—

(i)with a maximum power spectral density of 23 dBm per MHz;

(ii)with a maximum EIRP within the nominal channel of 36 dBm;

(iii)with a maximum nominal bandwidth of 320 MHz; and

(iv)only from a fixed location;

(3) https://www.etsi.org/deliver/etsi_en/303600_303699/303687/01.01.01_60/en_303687v010101p.pdf 2Document Generated: 2026-10-30

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(c) is capable of communicating (directly or indirectly) with, and obtaining operational parameters from, an AFC system for the purpose of transmitting within the frequency band 5925 to 7125 MHz; and

(d) communicates operational parameters which have been obtained (directly or indirectly) from an AFC system, to fixed client devices for the purpose of those devices transmitting within the frequency band 5925 to 7125 MHz.

Standard power access point transmission requirements

6. A standard power access point must only operate within the frequency band 5925 to 7125 MHz—

(a) after receiving operational parameters (directly or indirectly) from an AFC system; and

(b) in accordance with the limitations of those operational parameters.

Fixed client devices

7. A fixed client device is a device which—

(a) has a geo-location capability;

(b) operates—

(i)with a maximum power spectral density of 23 dBm per MHz;

(ii)with a maximum EIRP within the nominal channel of 36 dBm;

(iii)with a maximum nominal bandwidth not exceeding 320 MHz; and

(iv)only from a fixed location.

(c) is capable of communicating (directly or indirectly) with and obtaining operational parameters from an AFC system for the purpose of transmitting within the frequency band 5925 to 7125 MHz; and

(d) does not communicate operational parameters which have been obtained (directly or indirectly) from an AFC system to other fixed client devices or mobile client devices for the purpose of those devices transmitting within the frequency band 5925 to 7125 MHz.

Fixed client device transmission requirements

8.—(1) A fixed client device must only operate within the frequency band 5925 to 7125 MHz in accordance with the limitations of operational parameters received (directly or indirectly) from an AFC system, or in the circumstances referred to in paragraph 2.

(2) The circumstances referred to in paragraph (1) are where a fixed client device communicates with a standard power access point to obtain operational parameters from an AFC system while operating with a maximum power spectral density of 17 dBm per MHz and with a maximum EIRP over the nominal channel of 30 dBm.

(3) A fixed client device must not, while operating in the 5925 to 7125 MHz frequency band connect to another fixed client device or a mobile client device.

Mobile client devices

9. A mobile client device is a device which—

(a) operates—

(i)with a maximum power spectral density of 17 dBm per MHz;

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(ii)with a maximum EIRP within the nominal channel that is at least 6 dB less than its associated standard power access point up to a maximum EIRP within the nominal channel of 30 dBm; and

(iii)with a maximum nominal bandwidth of 320 MHz.

(b) is not fixed to one location.

Mobile client device transmission requirements

10.—(1) A mobile client device must, while operating within the 5925 to 7125 MHz frequency band be connected to a standard power access point.

(2) A mobile client device must not, while operating within the frequency band 5925-7125 MHz—

(a) connect to another mobile client device or a fixed client device; nor

(b) be used in a moving vehicle.

Operational parameters

11.—(1) The operational parameters are those parameters determined by the AFC system as suitable transmission limits for the device at the location in question and which fall within the maximum limits set out in regulations 5(b) or 7(b) as the case may be.

(2) The operational parameters comprise—

(a) one or more nominal channels or one or more frequency ranges within which a dynamic spectrum access device may transmit;

(b) the maximum permitted power spectral density, expressed in dBm per MHz, applicable to each of those nominal channels or frequency ranges; and

(c) the maximum permitted EIRP applicable to each of those nominal channels or frequency ranges.

Requesting operational parameters

12.—(1) A standard power access point or a fixed client device must request new operational parameters from the AFC system—

(a) on each occasion when twenty-four hours have passed since operational parameters were last received; and

(b) on each occasion when the standard power access point or fixed client device is powered on.

(2) If, on the second or subsequent occasion a standard power access point or a fixed client device requests new operational parameters from the AFC system, it is unable to communicate with the AFC system, the most recent operational parameters may be used for one further period of twenty- four hours.

(3) On expiry of that further period of twenty-four hours, the standard power access point or fixed client device, must cease operations until communication with the AFC system is re-established and new operational parameters obtained.

(4) On each occasion before receiving operational parameters the access point or fixed client device must communicate to the AFC system (directly or indirectly) the following information (“device characteristics”)—

(a) antenna geographic latitude and longitude coordinates and associated geo-location uncertainty 4Document Generated: 2026-10-30

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(b) antenna height above ground level or above mean sea level in metres; and

(c) the device’s unique device identifier.

(5) A standard power access point or a fixed client device must be configured such that a user is unable to input, reconfigure or alter any AFC system related technical or operational settings or features of the device in a way which would alter the access point or device characteristics.

Further requirements for all dynamic spectrum access devices relating to out of band emissions

13.—(1) In addition to the requirements set out at regulations 5(b), 7(b) and 9(a) as the case may be, a dynamic spectrum access device must operate such that outside of the device’s nominal channel, power spectral density is suppressed relative to the level within the nominal channel in accordance with the following limits which apply at frequencies both above and below the nominal centre frequency—

(a) -20 dB at 1 MHz from the outside edge of the nominal channel;

(b) -28 dB at a frequency separation from the nominal centre frequency equal to the nominal bandwidth;

(c) -40 dB at frequency separations from the nominal centre frequency equal to or greater than

1.5 times, and less than 9 times, the nominal bandwidth;

(d) -42 dB at frequency separations from the nominal centre frequency equal to or greater than 9 times, and less than 10.8 times, the nominal bandwidth; and

(e) -47 dB at frequency separations from the nominal centre frequency equal to or greater than

10.8 times the nominal bandwidth.

(2) At frequencies between the nearest edge of the nominal channel and the frequency referred to in paragraph 13(1)(a), the limits must be linearly interpolated between 0 dB and -20 dB.

(3) At frequencies between those referred to in paragraphs 13(1)(a) and 13(1)(b), the limits must be linearly interpolated between -20 dB and -28 dB.

(4) At frequencies between those referred to in paragraphs 13(1)(b) and 13(1)(c), the limits must be linearly interpolated between -28 dB and -40 dB.

David Willis Group Director, Spectrum Group For and on behalf of the Office of 27th October 2026 Communications 5Document Generated: 2026-10-30

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations exempt the use of dynamic spectrum access devices operating in the radio frequency band 5925 to 7125 MHz from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c. 36) (“the Act”).

Regulation 3 provides for an exemption where the terms, conditions and limitations set out in regulations 4 to 13 are met.

Regulations 4, 5, 7, and 9 describe dynamic spectrum access devices for the purposes of these Regulations.

Regulation 4(b) describes a document published by the European Telecommunications Standards Institute (ETSI). This standard is available online from the ETSI website at https://www.etsi.org.

ETSI has published different versions of this standard and regulation 4(b) references the specific version to be complied with for the purposes of these Regulations. The footnote which refers to regulation 4(b) also sets out the specific website link for that standard.

Regulations 6, 8, and 10 to 13 set out certain terms, provisions and limitations to which the exemption is subject. Regulations 5(b), 7(b), 9(a), and 13(1) 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.

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