Hi Roger and Eddie

The only “safe” interpretation is to ask OFCOM. If enough people ask perhaps they’ll include it in the licensing FAQs. There is quite a bit of info on the Ofcom and UKGov web sites:

Have a look at the UK Wireless Telegraphy Act 2006 (download as PDF or HTML search):

http://www.legislation.gov.uk/ukpga/2006/36/contents

I’m sure you can read through this as a lawyer and prove anything you like (as per warning by Alan G3NYK) but I am just picking out what I think are the key phrases:

The published UKFAT is only an info document its purpose according to UK WT Act is to set out:

(a)in relation to the United Kingdom, the frequencies that—

(i)have been allocated for particular wireless telegraphy purposes, and

(ii)are available for assignment; and

(b)the purposes for which the different frequencies have been allocated.

Chapter 1 Section 8 says it is unlawful to establish a Wireless Telegraphy Station or install WT apparatus etc etc without a licence (no mention of frequency limits here)

Part 6 section 116 provides a definition of WT:

““…..wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy…….””

And:

“…applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz….” Note – an upper but no lower frequency limit.

The UK Peace Time Frequency Allocation Table aligns with the ITU Radio Regulations (2012 edition) which also states “Not Allocated” below 8.3 kHz. There are two footnotes:

5.53 Administrations authorizing the use of frequencies below 8.3 kHz shall ensure that no harmful

interference is caused to services to which the bands above 8.3 kHz are allocated. (WRC-12)

5.54 Administrations conducting scientific research using frequencies below 8.3 kHz are urged to advise other

administrations that may be concerned in order that such research may be afforded all practicable protection from

harmful interference. (WRC-12)

Before WRC12 the limit was 9 kHz but new lightning detection systems (Met Aids service) operate 8.3 – 11.3 kHz.

For obvious reasons, you will find the same ITU alignment and “Not Allocated” phrase in National Frequency Tables of any country (those that are published). A few have yet to update to 8.3 kHz to take account of the WRC12 changes. Also in the CEPT Common European Allocation Table.

All countries in the ITU (who have ratified the Final Acts of WRC12) are obliged to ensure any station on their territory meets the conditions in the two footnotes –perhaps by some form of authorization procedure that vets the station technical conditions.

For Ofcom, as there is no commercial interest (at present) below 8.3 kHz, so there are no “Licence Products” available for frequencies below 9 kHz see: the UK Plan for Frequency Authorisation (an interactive page that lets you search for the authorization method for any frequency band):

http://spectruminfo.ofcom.org.uk/spectrumInfo/ukpfa

Equally there seems to be no UK military interest, so there is no point Ofcom showing any allocation or use below 8.3 kHz in the UK table at this time.

I’m sure if some commercial application came along that promised big licence revenue or auction fees or even a licence exempt product that would benefit the UK economy, the situation would change rapidly.  Probably the same with a new military application but seems unlikely with the defence cuts.

I’m also sure you could get away with transmitting (or receiving see 6-16 above!) without anyone noticing, especially if you believe your activity doesn’t fall in the definition of WT  or you don’t cause “undue” interference (e.g. no free radiating antenna) – but you never know who reads the mails on the reflectors and activity reports in Radcom etc…!!! Do you want to be looking over your shoulder when transmitting?

The safest is to request an experimental NoV, especially if you want to publicise your activity/achievements – but it will take time as Ofcom have to send the request round all the government spectrum stakeholders MoD, GCHQ, NATS, CAA etc to see if there are any objections. I doubt it would be considered high priority. For example MoD are probably too busy preparing to auction chunks of 2.3 and 3.4 GHz…

73 Terry GW0EZY

Hi Roger

On 28/01/2014 14:06, Roger Lapthorn wrote:

Its odd isn't it, a case of how you read it. There have been thoughts stated elsewhere recently,  personally I don't think it means.
Bands below 8.3 kHz are not allocated within the United Kingdom, so it is a free for all.

It could be.
Bands below 8.3 kHz are not allocated within the United Kingdom, and so are not protected from interference.
Or
Bands below 8.3 kHz are not allocated within the United Kingdom and never will be.
Or
Bands below 8.3 kHz are not allocated within the United Kingdom and must be kept clear at all times.
Or
Bands below 8.3 kHz are not allocated within the United Kingdom as they are receive only and used for research.

More words are needed for clarity, maybe its not specified in order to do keep control of what goes on there, the total opposite of a free for all.

73 Eddie