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Executive summary

1.1 This statement sets out our new policies in relation to radio restricted services (including Audio Distribution Systems) and unused spectrum between 55 and 68 MHz in light of the responses received to our recent consultation on Radio Restricted Services and 55 to 68 MHz.

1.2 The statement is divided into three sections: Radio Restricted Service Licences (RSLs), Audio Distribution Systems (ADS), and unused spectrum between 55 and 68 MHz.

Radio Restricted Service Licences (RSLs)

1.3 The responses to the consultation showed support for our proposals to liberalise the restrictions on the issuing of short-term 28-day RSLs (S-RSLs). Therefore we will remove the restrictions relating to areas where Ofcom is advertising a commercial radio licence and replace the current rules with a single rule prohibiting S-RSLs within the coverage area of any new analogue commercial or community radio service from one month prior to the launch to three months after the launch of the service in question.

1.4 When Ofcom receives a large number of competing S-RSL applications at the same time for the same purpose, dates and location, we will continue to draw lots to decide between them. This proposal was supported by more respondents than any of the other options and it provides a swift, easy to administer, non-subjective decision-making process.

1.5 We will extend the availability of short-term, event-based, non-consecutive S-RSLs on AM. These are currently restricted to sports events only, but in future will be available for non-sports events too.

1.6 In respect of long-term (five-year) establishment-based RSLs (L-RSLs), in future we will allow commercial establishments to hold L-RSLs on the same basis as non-commercial establishments.

1.7 We will introduce some flexibility in the licence term and grant L-RSLs for between one year and five years in length. (This term will be measured in six-monthly increments.)

1.8 Where the standard power level permitted does not allow for adequate coverage of the licensed establishment site, we will, on a case-by-case basis, consider licensing L-RSL services at a higher transmission power level. This would be to ensure coverage of a specific site only, and not to allow for overspill.

1.9 It should be noted that new Notes of Guidance for RSLs encompassing these changes are being published at the same time as this statement (see Related Items).

Audio Distribution Systems (ADS)

1.10 We will introduce a permanent licensing scheme for ADS at the end of the current trial. The scheme will remove the existing restrictions regarding the content of these services, while making them subject to Broadcasting Act (BA) legislation.

1.11 We will maintain the technical specifications for such services established for the purposes of the trial.

1.12 We will allow longer-term (up to one-year) and/or site-based ADS services to be licensed, where circumstances permit.

1.13 We will in principle grant BA licences for ADS which intend to use spectrum other than 60.75 to 62.75 MHz, should the operator in question have secured access to suitable spectrum.

1.14 We will amend the standard terms of sound link service licences in order to extend the purpose of this type of Wireless Telegraphy Act (WTA) licence (which is currently used for PMSE) to include ADS. The use of spectrum for ADS services will continue to be charged on the same basis as that for PMSE. The issuing of WTA licences for ADS will continue to be contracted-out to JFMG.

1.15 We will issue five-year radio restricted service licences under the Broadcasting Act legislation that will permit rather than oblige ADS services to be broadcast via wireless telegraphy. An ADS operator will need independently to secure access to spectrum in order to make use of this type of radio restricted service licence. Each operator will need to hold only a single BA licence, regardless of the number of ADS services he or she is providing, on the understanding that it will be incumbent upon the licensee to inform Ofcom of any change(s) to the number and nature of ADS services being provided under the licence. BA licences are charged on a cost recovery basis and the fee for a BA licence for ADS will be announced before the launch of the permanent scheme in the summer.

Unused spectrum between 55 and 68 MHz

1.16 Ofcom will consider any request for use of the currently unused spectrum between 55 and 68 MHz on a case-by-case basis. It should be understood that there will be no guarantee regarding the length of time for which this spectrum will be available on this basis and that Ofcom reserves the right to change the use of this spectrum with no more than one year’s notice to any existing users. Requests from either PMSE or ADS providers (once the new ADS licensing scheme is in place) for use of the currently unused spectrum between 55 and 68 MHz will need to be directed to JFMG, all requests for other types of spectrum use should come to Ofcom directly.

• Radio Restricted Services and 55 to 68 MHz [pdf]
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