Ofcom will soon make spectrum available in the range 865-868 MHz for use by radio frequency identification (“RFID”) equipment in line with the European Conference of Communications and Postal Administrations (“CEPT”) recommendation on Short Range Devices (CEPT/ERC/Rec 70-03 entitled Relating to the use of Short Range Devices SRD) (“the Recommendation”). RFID is a generic term for technologies that use radio waves to automatically identify objects.
In a consultation launched on 9 August 2005, Ofcom proposed making the frequency band 865 to 868 MHz available for RFID by making regulations (a type of statutory instrument) which permits the use of RFID equipment without the need to hold a licence under the 1949 Act. That exemption is, however, subject to the terms, provisions and limitations set out in the regulations. One of these is that the RFID equipment must not cause or contribute to any undue interference to any wireless telegraphy. Other terms, provisions and limitations are further explained in Section 3 of this document. A draft of these regulations: the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 2005 was included in the consultation which closed on 12 September 2005. The Regulations are currently undergoing the final stages of the statutory process necessary to bring them into force. We expect this process to be completed in the next month and Ofcom will inform stakeholders when this is done. Ofcom thought it prudent to make a statement at this time to address any uncertainty amongst stakeholders as to the outcome of the consultation.