8m - is 10mW ERP legal for beacons without a licence in the ISM band?

Recently, I was asked this question. If it is, many more UK stations could get on 8m. It is my firm view that 10mW ERP is enough to get into southern Europe from the UK in good Es conditions by WSPR. It might even be possible rarely with FT8. Local tests have proved to me that well over 17km is possible locally, even without 8m antennas at the RX end.

Now, I am no legal expert, so you will have to seek your own legal advice. In different countries, different regulations will apply, so it is your duty to ensure legal operation.

My interpretation is WSPR beacons without a licence are legal in the UK in the ISM bands as long as the technical requirements and IR 2030 are met. This means 10mW ERP.  Interference must not be given and must be accepted.

This is NOT the Amateur Radio Service, but is arguably very much amateur radio!

This is what OFCOM said when I asked:

"The use of licence-exempt apparatus is authorised under exemption regulations, with set emission powers and other criteria.  This is in order for it to be available to all users with minimal risk of disruption or interference.

 

The limits, including maximum power levels and whether airborne use is permitted, are set out in the UK Interface requirement IR2030.  If apparatus being used for testing meets the relevant technical criteria and complies with IR 2030, then a licence will not be necessary.   Please note that some frequency bands which may be licence-exempt in other countries, such as the USA, may not be so in the UK and only the frequency bands listed are eligible for the exemption of qualifying apparatus.

 

In some circumstances we may be able to authorise the test or development of non-compliant radio apparatus under an Innovation and Trial (I&T) licence.  However, this generally will be under conditions that are sufficiently remote, shielded or otherwise unlikely to affect other users.  I&T is not intended for the operational use of radio apparatus, such as for the monitoring / control / telemetry of other apparatus, where a licensed or exempt authorisation is already generally available.  Even if it were the radio apparatus itself that is under test or development (in excess of normally permitted limits) we should emphasise that, as described above, it will not be possible to grant an operational permission for its future deployment and use."