HomeInsightsOfcom announces decision to amend the Wireless Telegraphy (Exemption) Regulations 2003 in relation to commercial single-user “gateway” devices.

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The decision to amend the regulations has been taken in response to the Court of Appeal judgment in Recall Support Services Ltd v Secretary of State for Culture, Media And Sport [2014] EWCA Civ 1370, in which it was found that the requirement that operators of commercial single-user gateways be licensed was contrary to EU law.

A gateway device uses subscriber identity module (SIM) cards created and issued by a mobile network operator. This allows the device to originate calls on the operator’s network.

Calls made using these devices from fixed lines to mobiles are treated by the recipient’s network as if they were made by a mobile phone, rather than from the fixed line phone.  This means the cost of the call can be reduced significantly.

The amendments will be effective from 28 April 2016.  For a link to Ofcom’s full statement, click here.

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