Ofcom UK Take Tough Stance on Rules for Wireless Broadband Kit UPDATE

Some operators of Fixed Wireless Access (FWA) broadband ISP networks in the UK have expressed concern to ISPreview after Ofcom appeared to toughen their stance on the compliance of related hardware with their rules. Some providers fear this could effectively ban their kit, reduce choice in the market and push up costs.

The issue stems from a speech on “Compliance and Spectrum” that Ofcom’s Enforcement Manager, Ken Johnson, recently gave to the UK Wireless Internet Service Providers Association (UKWISPA) at an event in London during late March 2023. As part of that, Ken highlighted some of the action being planned under the Wireless Telegraphy regulations.

One of Ofcom’s slides touched on the issue of country selection and Dynamic Frequency Selection (DFS). In particular, the slide appeared to suggest that any wireless kit which lets you tell it which country it is in at the time (as some countries might not enforce DFS) may not be legal in the UK. Even if you do NOT change the country away from UK, or turn off DFS. So just the chance that you could change this, may make it a problem.

The issue is that virtually every brand of wireless kit, Ubiquiti, Cambium etc., except for a few like Mimosa (they use GPS+text message based activation to have a good feel for where in the world it is at the time), allows you to choose the country.

Extract from Ofcom’s Slide

The user restrictions in para 4.2.9 of EN 301 893 state that equipment should be so constructed so that equipment (hardware and/or software) shall not be accessible to the user, if changing those settings results in the equipment no longer being compliant with the DFS requirements.

(Example: If you can select a country code that allows DFS to be disabled, the equipment does not meet all the requirements of IR2030 and cannot be used under the licence exemption in the UK).

The regulator also seems to want the Declaration of Conformity (DOC) for each device to specify the firmware version (they don’t currently do this), which is tedious as it could mean that any new firmware release then would not be compliant unless it has a new DOC issued. But this could make tackling 0-day style security flaws or major bugs with rapid software/firmware updates tedious (delays due to bureaucracy), which could conflict with the NCSC’s new security advice (i.e. requires rapid updates).

The measures appear to indicate that Ofcom may be taking a tougher line against importers of related kit (e.g. Ubiquiti). One way around this would be for each vendor to both manufacture and ship a UK-only model of each device, but that would be tricky because most companies create a global model and then adapt it to each country via software/firmware changes. Not every vendor will be able to build a UK-specific model, and that could reduce supply, while also raising equipment costs.

However, a spokesperson for Ofcom told ISPreview that they have a “duty to protect and manage the radio spectrum” and have “not made lots of wireless broadband kit illegal,” but they also added that there are cases where radio equipment does not work properly to the detriment of other spectrum users (e.g. RLAN equipment is attributed to “causing widespread interference to meteorological radar” in the UK).

The regulator’s presentation was thus designed to emphasise how important it is to “exercise due diligence to ensure that equipment is safe and compliant” with their regulations.

A spokesperson for Ofcom said:

“Manufacturers must demonstrate that equipment meets the ‘essential requirements’ set out in the regulations. This is normally achieved by referencing a recognised technical standard. Equipment that meets all elements of an appropriate standard is presumed to meet the ‘essential requirements’.

Manufacturers of RLAN equipment normally reference a technical standard ETSI EN 301 893 V2.1.1 (2017-05). Ofcom has found that in many instances key elements of the standard are not met. Specifically, those that concern the functionality of systems specifically designed to avoid interference to meteorological radar.”

Part of Ofcom’s move to take a tougher line here may reflect that not every manufacturer of related kit has been as willing as some others to engage with the regulator on these issues, or so we’ve heard. At the end of the day, both providers and the regulator appear to have legitimate concerns, but finding common ground on some of these issues could be tricky. Much will depend on the flexibility of vendors when adapting to the changes.

UPDATE 27th April 2023 @ 8:09am

The Chairman of UKWISPA, David Burns, has kindly provided a little extra context on how the wider industry is responding to Ofcom’s measures.

David Burns told ISPreview.co.uk:

“I can confirm that we are pressing the manufacturers to improve their commitment to DFS compliance, as some recent testing suggested that certain equipment did not respond as expected when subjected to radar sources. We are also in constructive discussions with Ofcom and our members to help ensure that radar systems such as the Met Office can operate without disruption.

Our members work tirelessly to help both rural and urban communities to get superfast, Ultrafast and Gigabit broadband in some of the most challenging parts of the UK. We enjoy a great relationship with Ofcom, who have been very supportive in helping to identify and isolate the small amount of FWA equipment that has at times fallen short in some DFS tests.

We continue to work with Ofcom in this matter. Meanwhile, the largest growth areas for WISPs are in projects using frequency bands that are not affected by DFS. These include Band N77 (3.8 to 4.2 GHz) and V-Band (around 60 GHz) which provide huge capacities and are delivering 400 Mbps services in deep rural communities and Gigabit+ speeds in urban and suburban areas.

We expect these speeds to continue to increase in the next 12-months, with FWA re-establishing its position as an anchor technology for Project Gigabit alongside fibre.”