8m beaconing without a licence?

 Some months ago, I had an email from OFCOM. The contents are shown here. It convinced me (although I am no legal expert) that beaconing in the 8m ISM band is perfectly legal without a licence as long as certain conditions are met. In the UK, this means 10mW ERP. Half this power at 8m has already spanned 5000km from Australia to the Cook Is on WSPR. With summer Es I am certain that such WSPR beacons in the UK would be copied in Europe. Microwatt 10m WSPR beacons have been copied in Europe from the UK.

This is what OFCOM said in an email:

"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 describhe OFCOMed above, it will not be possible to grant an operational permission for its future deployment and use."

My interpretation is 10mW ERP is legal for beacons in the 8m UK ISM band without a licence as long as these conditions are met. This is not the Amateur Radio Service.  

Probably we are OK to experiment in other ISM bands as long as the OFCOM criteria are met. I did not ask this.

This loophole may be available at different power levels in other countries. If so, many more people could legally get on 8m in future.

The important bit is:

 "If apparatus being used for testing meets the relevant technical criteria and complies with IR 2030, then a licence will not be necessary."