Using Wi-Fi devices without a radio licence - UKE

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Using Wi-Fi devices without a radio licence


2015-03-11
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The Office of Electronic Communications has received numerous inquiries recently about radio broadcasting devices or transceivers that can be used without a radio licence. The inquiries are a result of the new Ordinance of the Minister of Administration and Digitization of 12 December 2014 on radio broadcasting  devices or transceivers that can be used without a radio licence (Journal of Laws, item 1843), which came into force on 19 January 2015.

 

The Ordinance does not cover certain types of devices that were previously included in the Ordinance of the Minister of Infrastructure of 24 October 2005 on radio broadcasting devices or transceivers that could be used without a radio licence radio (Journal of Laws, No. 230, item 1955, as amended), which expired when the new ordinance came into force. It refers to, inter alia, broadband systems of data transmission (popular Wi-Fi), operating in the frequency range 2400-2483,5 MHz and 5470-5725 MHz.

UKE wants to indicate that the issues relating to the devices that do not require a radio licence are governed by Article 144 of the Telecommunications Act. Paragraph 2, point 5 of the aforementioned  Article underlines that the radio licence is not required in the case of radio devices of class 1 or devices which are not subject to restrictions imposed by the EU Member States concerning placing them in the market or putting to use. A current list of class 1 devices, including the detailed specification of radio interfaces of the indicated equipment is available at: http://uke.gov.pl/urzadzenia-klasy-1-15496.

Wi-Fi devices operating in the frequency range of 2400-2483,5 MHz and 5470-5725 MHz are class 1 devices (respectively, subclasses 22 and 54). It means that a radio licence is not required to use them, alike all other class 1 devices.

The overall conclusion is that the use of Wi-Fi devices is exempted from the obligation to obtain a radio licence:

  • within the range of 5150-5350MHz - on the basis of the Ordinance of the Minister of Administration and Digitization of 12 December 2014 on radio transmitters or transceivers that can be used without a radio licence radio;
  • the range 2400-2483.5MHz and 5470-5725MHz – as class 1 devices.

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    INTRODUCTION
    The President of the Office of Electronic Communications (President of UKE) is the national regulatory authority for the market of telecommunications and postal services. The President of UKE is also the specialised authority in the area of equipment conformity assessment, including telecommunications terminal equipment and radio equipment.

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    International activity of the President of UKE consists of, inter alia, cooperation with the European Commission, other EU institutions and Regulatory Authorities of EU Member State. It includes also the cooperation within organizations of which UKE is a member, i.e. the International Telecommunications Union (ITU), the Body for European Regulators of Electronic Communications (BEREC) and the European Committee for Postal Regulation (CERP).


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