Roger,
Rod Wilkinson has now left Ofcom , so I’m
responding to your query.
You should seek you own legal advice as
Ofcom is unable to give legal advice, however, we would issue NoVs, where
appropriate, for wireless telegraphy apparatus/stations.
In the case of the 9 kHz band NoV we
currently stipulate the frequency band only around 9 kHz as discussed with
the Met Office and we do not intend to issue NoVs for lower frequencies in
the band. We would not normally issue NoVs for communications using
non-wireless telegraphy apparatus/stations i.e. where you rely only on
conducted emissions and where there are no intentional radiated emissions.
I would also draw your attention to other
relevant legislation (e.g. Wireless Telegraphy Act 2006) and the Terms of
the Amateur Licence and in particular to clause 7(3);
“Notwithstanding any other terms of this Licence, the Licensee
shall ensure that the Radio Equipment is designed, constructed, maintained
and used so that its use does not cause any Undue Interference to any
wireless telegraphy”.
I am also copying in Ash Gohil in the Ofcom
Licensing Centre who is in the team that Rod worked in. Please address any
further queries to him in the first instance.
I hope this helps.
Kind regards,
Paul
:: Paul Fonseka
Spectrum
Policy Group-Business Radio
+44 (0) 20 7981 3116
[email protected]