Ofcom confirm Foundation operation in UK territorial waters
In their EMF announcement of May 18 Ofcom confirmed again that Foundation and Intermediate licence holders may operate from UK Territorial Waters
Foundation and Intermediate licence holders have been able to operate from UK Territorial Waters for the last 15 years but it seems there are some amateurs that are still not aware of that with some mistakenly believing Foundation holders can't even operate when sailing from Southampton to the Isle of Wight.
Ofcom say:
Clause 2(1)(a) of the licence explains that Full Licence Holders can operate their equipment both within and outside of the UK’s territorial seas.Clause 2(1)(a) does not refer to Foundation and Intermediate Licence holders.
This does not however mean such licensees cannot use their equipment at sea in any circumstances. The Wireless Telegraphy Act 2006 applies throughout the UK and its territorial seas. Consistent with this, the chapeau of Clause 2(1) states that the licensee can operate their equipment within the UK (including its territorial seas). Therefore, and as explained in paragraph 2.14 of our Guidance for Radio Amateur Licensees, the licence allows Foundational and Intermediate licence holders to use their equipment within the UK’s territorial waters. Foundational and Intermediate licence holders cannot however use their equipment outside the UK’s territorial waters.
See page 66 (PDF 68) of General Notice of Final Decision on variation of radiocommunications licences to require compliance with international guidelines for limiting exposure to electromagnetic fields (EMF)
https://www.ofcom.org.uk/__data/assets/pdf_file/0026/218960/general-notice-final-decision-emf-licence-variation.pdf