Radio rules and regs....

[Jack]

Had the following information kindly sent to me today by a HMVF member who knows the pitfalls that can be associated of using a radio - makes for interesting reading!

 

General reception

This sets out the legal position about the reception of personal or business radio transmissions by unauthorised persons or groups.

A licence is not required to use a radio receiver or scanner as long as it is not capable of transmission. It is not illegal to sell, buy or own a scanner or any other receiver but it must only be used to listen to transmissions meant for general reception. The services that can be listened to under the definition of general reception are:

a) licensed broadcasting stations

b) amateur and citizens' band radio transmissions

c) weather and navigation transmissions

It is an offence to listen to any other radio services unless licensed to do so, this includes listening to illegal radio stations (pirates) by virtue of the fact that they are not licensed radio stations.

 

Unauthorised reception

Section 5(1)(b) of the Wireless Telegraphy Act 1949 makes it an offence if a person "otherwise than under the authority of a designated person", either:

"(i) uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message whether sent by means of wireless telegraphy or not, of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient"

This means that it is illegal to listen to anything other than general reception transmissions unless you are either a licensed user of the frequencies in question or have been specifically authorised to do so by a designated person. A designated person means:

a. the Secretary of State;

b. the Commissioners of Customs and Excise; or

c. any other person designated for the purpose by regulations made by the Secretary of State.

or:

(ii) except in the course of legal proceedings or for the purpose of any report thereof, discloses any information as to the contents, sender or addressee of any such message, being information which would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person."

This means that it is also illegal to tell a third party what has been heard.

With certain exceptions, it is an offence under Section 1 of the Regulation of Investigatory Powers Act 2000 for a person - "intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of:

a. a public postal service; or

b. a public telecommunication system."

It is similarly an offence to intercept any communication in the course of its transmission by means of a private telecommunication system. This means that it is illegal to listen to telephone calls, including mobile phone networks which are designated as forming part of the public telecommunications system.

 

Common questions answered

 

Question: Am I breaking the law by owning a scanner?

Answer: No, but it is illegal to use one to listen to frequencies other than general reception transmissions or those parts of the radio spectrum which your transmitting licence, if you have one, allows you to use. You could be prosecuted for this.

 

Question: Can I get a licence to use a scanner?

Answer: No, there is no scanner licence.

 

Question: Could I get authority to listen to emergency service transmissions, for example? I am interested and might be able to help.

Answer: No, authority is reserved for people acting under statutory authority. If you wish to listen in to messages, you should obtain the permission of the person sending them.

 

Question: Isn't it all right to listen as long as I don't pass on what I hear?

Answer: No, using radio equipment to listen in, except as provided by section 5(1)(b) of the WT Act, is an offence, regardless of whether the information is passed on.

 

Question: Isn't this all a bit heavy?

Answer: No. No-one likes their private or business conversations to be listened to. Parliament has passed these laws to protect the privacy of radio users.

 

For more information please contact:

Ofcom Contact Centre

Riverside House

2a Southwark Bridge Road

London

SE1 9HA

Tel:020 7981 3040 (this number will be the cheapest option for most callers)

or

0845 456 3000 (this number may be cheaper for callers on the BT Light User Scheme calling from outside the London area)

Fax: 020 7981 3334 (this number will be the cheapest option for most callers)

or

0845 456 3333 (this number may be cheaper for callers on the BT Light User Scheme calling from outside the London area)

Email: contact@ofcom.org.uk

 

 

Guide to the use of radio transmitters and the law

Introduction

This explains the regulations which govern the civil use of radio equipment in the UK. Please note that we can do no more than summarise here the main points of the law. Anyone in any doubt about their own legal position should consult a legal adviser.

Why regulate radio?

The use of radio continues to expand rapidly. This applies to business, broadcasting and leisure activities. The use of radio is carefully planned to give as high a standard of service as possible. Unauthorised use of radio can cause harmful interference to legitimate users. Safety of life may be put at risk if, for example, the radios used by emergency services suffer interference. The successful running of a business can be affected by radio interference. Listeners can be prevented from enjoying their favourite radio station by interference. This is why Ofcom takes action to prevent interference and why the penalties that may be imposed by the courts for unlawful use of radio can be heavy.

 

The international position

Radio does not stop at frontiers. That is why the use of radio is regulated on a worldwide basis, by the Radio Regulations agreed at meetings of the International Telecommunications Union. The Radio Regulations are legally binding in international law on Member States, including the UK.

 

UK legislation

The main legislation is the Wireless Telegraphy Acts 1949, 1967 (WT Acts 1949 and 1967) the Telecommunications Act 1984 (T Act 1984) and the Communications Act 2003. This legislation empowers Ofcom to:

a. issue and charge for licences for the installation and use of radio;

b. make and enforce regulations on the requirements to be met by users,

c. manufacturers and importers of radio apparatus and of equipment which could cause radio interference;

d. restrict manufacture, sale, import and possession of specified radio apparatus.

Transmitting offences under the WT Act 1949 attract a maximum penalty of £5000 and/or imprisonment for a term not exceeding 6 months.

Content of transmissions

The Wireless Telegraphy (Content of Transmission) Regulations 1988 make it a specific offence to send grossly offensive, indecent, obscene or menacing messages. In considering such cases, it is important to remember that the courts need evidence that the language used in the alleged offence is worse than that encountered in everyday life.

 

What can go wrong?

Most people are reasonably law-abiding but some users of radio have very little idea of how radio works and may be tempted not to comply with the licensing regime. Ofcom will usually try to help people bring themselves within the law but where necessary will prosecute or take other enforcement action under Wireless Telegraphy legislation to prevent interference. We can seize apparatus found in unlawful use, and courts can order its forfeiture.

Illegal broadcasting stations

Illegal broadcasting stations (pirate radio) can cause serious and prolonged interference to a whole range of radio users including the emergency services. They also work against the best interests of the community by stealing frequencies and, by being unregulated, cause unfair competition against legal local stations. On conviction, a court may order all or any of the apparatus of the station, including record collections, portable telephones, etc. to be forfeited to Ofcom. In addition, anyone convicted of a radio offence could find themselves barred from a career in broadcasting.

 

Private Mobile Radio (PMR)

To enable large numbers of users to operate on relatively few frequencies, the use of radio by businesses such as taxi firms has to be carefully controlled. Frequencies are allocated on a shared basis and licence conditions imposed so as to permit use by the maximum number of operators; unlicensed use, or use in contravention of licence conditions, can jeopardise the business activities of licensed operators and interfere with safety of life services. We therefore systematically inspect PMR stations. Enforcement action is taken against those found operating without a licence or in contravention of their licence conditions.

Marine and aeronautical radio

For those who use mobile radio in connection with maritime or aeronautical operations, abuse of the radio spectrum is an obvious hazard to safety of life, as well as to commercial activities. The use of radio equipment in ships and aircraft requires a licence. Operators of ship radio equipment also require an appropriate certificate of competence to operate. Ofcom undertakes campaigns to ensure all operators are aware of these requirements and obtain the necessary licence and certificate. We also inspect many marine business and port operations stations and issue new licences for these and some aeronautical ground stations.

 

Citizens' Band Radio

Unlicensed use of CB equipment can be a major cause of interference. Illegal use of CB can cause interference to domestic television and radio reception and the emergency services. Operators of legal CB sets sometimes use transmitter powers or aerials greater than those provided for under the licence conditions. Such use amounts to unlicensed use and prosecutions may be brought. It can cause serious interference to other radio users and prevent responsible users of CB equipment from operating.

 

Amateur radio

Licenses for amateur radio authorise use of a range of frequencies allocated to those who use radio as a hobby rather than for business purposes. Licences are granted only to applicants who have reached a certain level of competence in the theoretical and practical use of radio. Unfortunately there is a minority which seeks to pursue the hobby without the necessary qualifications or licence. Some deliberately cause interference to amateur frequencies, either by jamming them or by transmitting music, obscenities or other forms of abuse.

 

Short range radio devices

More and more convenience devices now utilise radio in their operation. Car alarms, wireless door chimes and garage door openers are common examples. Unfortunately not all of these are manufactured in accordance with the relevant technical requirements and it is an offence contrary to the RTTE Regulations to place on the market non-compliant apparatus. The use of the following short range devices is an offence:

• FM Modulators (also known as car baby devices) - the use of the FM broadcast band to transmit a radio signal from a device used in a vehicle to the car radio is illegal. These devices also include CD players and attachments for mobile telephones. Such use - despite the relative short range involved - is subject to licensing under Section 1 of the Wireless Telegraphy Act 1949. As the FM broadcast band is allocated for the exclusive use of licensed broadcasters no other systems are permitted to operate within the band. Use of these systems therefore constitutes an offence.

• Phone jammers (or blockers) - The use of equipment to jam mobile phones (or any other radio signals) is illegal - regardless as to the location where they are used. A mobile phone jammer is a transmitter and therefore a licence is required to use one. However, because the sole effect of jammers is to disrupt licensed radio services i.e. mobile phones, we do not issue licenses allowing their use. Ofcom considers that the use of jamming devices poses an uncontrollable threat to the operation of the UK licenced networks.

Who gets prosecuted?

The largest proportion of prosecutions under the Wireless Telegraphy Acts are for breaches of Section 1 of WT Act 1949. Such breaches take one of two forms, either the user:

• has no licence at all, or

• has installed or is using radio equipment outside the terms of the licence or

exemption.

In the interests of an interference free service and especially if there is a risk to safety, we may well have to close down a radio transmitter when it is causing problems.

 

Other offences under WT Act 1949

Section 5 of the WT Act 1949 is concerned with the content of messages sent by radio, Section 5(1)(a) is concerned with the sending of a message which, in the knowledge of the sender is false or misleading and is likely to prejudice the efficiency of any safety of life service or endanger safety. Section 5(1)(b)(i) covers the use of WT apparatus to gain information as to the contents of a message whether or not the information is passed on or whether the recipient acts on any information so received. Sub-section 5(1)(b)(ii) deals with the disclosure of such information. Section 13 makes the use of any apparatus for the purpose of interfering with any wireless telegraphy an offence.

 

Search warrants

A Justice of the Peace, or in Scotland a Sheriff may grant a search warrant under Section 15 of the WT Act 1949, valid for one month, allowing those authorised by Ofcom to enter premises etc with or without constables and to examine and test any apparatus found on such premises.

Under Section 79(2) of the T Act 1984, the warrant may authorise the persons authorised by Ofcom to seize and detain for the purposes of any proceedings in relation to offences or forfeiture proceedings any apparatus or thing found which appears to those authorised by Ofcom to have been used in connection with or to be evidence of the commission of any offence.

 

Seizure without warrant

Power is given in Section 79(3) of T Act 1984 for constables or those authorised by Ofcom, to seize and detain without warrant any apparatus or thing found where they have reasonable grounds to suspect that certain offences have been or are being committed.

 

Obstruction

Under Section 15(4) of the WT Act 1949 any person who intentionally obstructs an authorised enforcement officer exercising powers under the WT Act 1949 or the T Act 1984 or who fails or refuses without reasonable excuse to give any assistance which those Acts require may be guilty of an offence.

 

Regulation of Investigatory Powers Act 2000

The enforcement of this Act is the responsibility of the Home Office. Use of radio equipment to listen to radio messages carried on public or private telecommunications systems, including the cellular systems, can be an offence under this Act.

 

Military radio by its very nature is not licensable, unless you are a licensed radio amateur. Even then it may be difficult to explain why you have a piece of equipment, which can’t be used on frequencies legally available to you.

You may own any equipment, but you must not have it in an operational state.

Sorry if all this sounds a bit like big brother, but OFCOM have embarked on a programme to install hundreds of monitoring stations around the country.

MOD and or course GCHQ monitor military frequencies, and have very good tracking systems to find the source of transmissions. With Bowman and the use of other digital radio systems coming on line, a transmission from a GRC 9, or a VRC 353 etc will be easy to identify as unauthorized.

 

 

[ArtistsRifles]

Wow - interesting reading!!!!!! Thanks Jack :-)

 

So - it is possible to operate a VRC_353 WITH a license?? Or are those frequency bands off-limits all together???

[Tugger]

• FM Modulators (also known as car baby devices) - the use of the FM broadcast band to transmit a radio signal from a device used in a vehicle to the car radio is illegal. These devices also include CD players and attachments for mobile telephones. Such use - despite the relative short range involved - is subject to licensing under Section 1 of the Wireless Telegraphy Act 1949. As the FM broadcast band is allocated for the exclusive use of licensed broadcasters no other systems are permitted to operate within the band. Use of these systems therefore constitutes an offence

 

Hellfrauds are currently selling these with stickers attatched saying "not for use in the UK"

 

So obviously I didn't buy one for my MP3/DAB player at about £20.00 and I don't have it sitting on my dashboard and don't find it useful for using around the house instead of buying a number of DAB tuners or carrying bundles of CD's around.*cough*

 

 

Seriously though, they have a range of about 5-10m and needs to be clear line of sight... to have an idea of the power out put, they run off 2 AAA 1.5v batteries, I don't think they're going to worry the BBC transmitters :roll:

[andrewroberts.1953]

Hi, The use of "low power devices", like the tiny FM transmitters has over the last few days been exempt from licencing etc. So Halfords should be taking the labels off soon.

 

The use of ANY transmitter (apart from kit like above) requires a licence. Jo public is NOT going to get a licence! If you become a amatuer radio operator, you will be issued a licence. But it will not allow use of military frequencies, only those permitted for amatuer use.

 

Yes, you can own and show a VRC 353. But once you turn it on, you break the law.

If you really want to be picky, once the radio is available for use (connected up and power available) an offence has been committed!

 

I know that OFCOM are at the moment tracking down use of PRR (personel role radio) use, as these have come on the market via Ebay.

 

OFCOM have hundreds of monitoring stations around the UK. It takes only a few moments to find a transmission.

 

Andy

 

 

[Joris]

Put it on the frontpage someware Jack!

[Jack]

Put it on the frontpage someware Jack!

 

 

Could go under the articles section?

[Joris]

Yeah or we could create a FAQ ?

Or perhaps in the WIKI?

[Jack]

Yes WIKI would be the answer! :-D

[ArtistsRifles]

<Snip>

Yes, you can own and show a VRC 353. But once you turn it on, you break the law.

If you really want to be picky, once the radio is available for use (connected up and power available) an offence has been committed!

</snip>

 

 

Thanks Andy - thats the clarification I needed :-) Will also save a few bob as the need/desire to find a working set is removed and a non-op unit will suffice.