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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We sell a product called a mobile repeater in the UK. These

Customer Question

We sell a product called a mobile repeater in the UK. These products are governed by the Wireless Telegraphy Act (WTA) that states that this product either requires an approval by the network provider or an exception by ofcom in order to operate in the UK. Operating the device without a license or exemption is an offence but there is no mention of it being illegal to sell or purchase the device, just to use it. Please see below. Have we broken any laws in selling them? Note we also have a very clear disclaimer on the site for this
http://licensing.ofcom.org.uk/radiocommunication-licences/mobile-wireless-broadband/cellular-wireless-broadband/policy-and-background/repeaters-boosters/
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I have reviewed the Wireless Telegraphy Act 2006.
Section 35 states: A person who commits an offence under this section consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast is liable etc
It does not say a person that sells but a person that uses. So it would appear you can sell them but they can't be installed.
It is similar to the Speed Demon devices that detect speed cameras which are working. Legal to sell but illegal to use!
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi thanks for the email would we be able to get official legal advice on letterhead? how much would you charge to prepare an opinion letter to this effect?

Expert:  Ash replied 2 years ago.
This is a question and answer site and sadly we can not be instructed on your behalf. You can of course approach any firm of Solicitors and ask them to do this for you. They will of course charge you for this.
But If I can help further please do let me know.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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