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Radio Restricted Services and 55 to 68 MHz

Executive summary

1.1 The licensing of radio restricted service licences (RSLs) is an area of broadcast radio licensing which has not been reviewed since the establishment of Ofcom in 2003. As a result RSL licensees may face more of a regulatory burden than necessary, and have less than the optimum level of flexibility. This consultation reviews the licensing of RSLs with the aim of proposing some options to resolve these issues and introduce a more consistent approach across radio licensing.

1.2 In addition, since 2004 Ofcom has been running a trial for audio distribution system (ADS) services with restricted coverage using what was formerly^(-1-) defined as non-broadcast spectrum. This trial is due to close at the end of August, and this consultation considers whether, and if so how best, to implement a permanent scheme for this type of service.

1.3 This document also seeks views on the policy that Ofcom should adopt in relation to the potential release of up to 8 MHz of unused spectrum in the 55 to 68 MHz band. This issue is linked to other issues discussed in this document because one potential use of the unused spectrum is additional capacity for ADS services. However, other uses are also technically possible, and this document therefore seeks views on the approach that Ofcom should take to the release of the band.

1.4 In relation to each section of this consultation we make the following proposals and invite commentary on the following issues:

Radio Restricted Service Licences (RSLs)

RSLs are either temporary (usually for up to 28 days) broadcast radio licences serving a relatively small geographic area (S-RSLs) or longer term (five year) radio broadcast licences serving a single establishment, for example a hospital or university campus (L-RSLs).

Proposals regarding Short-term RSLs (S-RSLs)

To reduce restrictions on licensing S-RSLs in areas where Ofcom is advertising a new commercial radio licence or where a new commercial or community radio service has been, or is due to be, launched. Specifically, the only rule which will apply is that:

no S-RSLs will normally be licensed within the coverage area of any new commercial or community radio service from one month prior to the launch to three months after the launch.

We invite respondents to this consultation to outline what they believe to be the most appropriate means of deciding between multiple applications for S-RSLs covering the same event in the same place on the same dates (e.g. Ramadan broadcasts). However, should no better alternative emerge from this consultation, we propose to continue to draw lots. Should this be the case, we also propose that these draws (one for each location where we receive multiple applications for the same event) would be made in public at a different location each year.
Given the increasing pressures on FM spectrum for commercial and community services, we do not at present propose to change our policy on the duration, maximum power level or number of S-RSLs that a group may operate, as we do not have the capacity to support any increase in demand for these licences. However, we invite respondents to comment on any other aspects of short-term restricted service licensing.

Proposals regarding Long-term RSLs (L-RSLs)

To allow commercial establishments to be granted L-RSLs
To allow for a shorter L-RSL licence period if required.
We intend to maintain the rule prohibiting editorial acknowledgement of overspill coverage outside the establishment for which an L-RSL is granted.
The areas in which L-RSLs will be licensed on FM will not be expanded. However, we invite respondents to comment on any other aspects of long-term restricted service licensing.

Audio Distribution Systems (ADS)

ADS are very short-range services (for use within a particular building) which share the spectrum between 60.75 to 62.75 MHz with Programme Making and Special Event (PMSE) users. They are usually available on a commercial basis (the mobile receivers are sold to users) to enable spectators at a particular sports event to listen in to the referees’ commentary, or to hear a relay of content which is already subject to the provisions of a Broadcasting Act licence. However, there are alternative uses, for example translations of a conference presentation. ADS may not be used for self-generated content or commercial messages. ADS are licensed for multiples of five days. There is no restriction (other than frequency availability) on how many consecutive licences any individual or company may hold.

Proposals

To license ADS as restricted services under the Broadcasting Act, as well as under the Wireless Telegraphy Act, and to remove the current restrictions on the carriage of both self-generated content and commercial messages.
To allow use of the band 60.75 to 62.75 MHz for the use of 'ADS-RSLs' on a non-interference, non-protection basis; that is, 'ADS-RSLs' must not cause interference to, and will not receive any protection from interference caused by, PMSE use of this spectrum.
To maintain power levels at current levels (typical effective radiated power of 0.5 to 1.0 watt).
To continue to remind ADS licensees of the potential for interference into their receivers and the appropriate remedies.
To maintain the current arrangements which involve publicising those events where it can be anticipated that heavy programme-making use of the spectrum will preclude the provision of any ADS licences.
To allow a degree of discretion (on a case-by-case basis) regarding whether it is appropriate to issue longer-term 'ADS-RSLs'.
To allow site-based (not linked to a particular event) 'ADS-RSLs', where circumstances permit.
We do not intend to change the current requirement that licence applications can only be made within three months of the proposed licence start period or to permit ‘roaming’ 'ADS-RSLs'^(-2-), as this would unduly sterilise the availability of spectrum for programme makers and other ADS users.
To allow for the possibility that other frequency bands may be used to provide ADS, or other restricted broadcast services, subject to users being licensed as restricted services under the Broadcasting Act and any other particular regulatory requirements (e.g. the need for a Wireless Telegraphy Act licence or to pay any associated fees) relating to the spectrum used. These would need to be considered by Ofcom in light of the relevant circumstances at the time.

Unused Spectrum between 55 and 68 MHz

There is spectrum in the 55 to 68 MHz band that is very little used. Specifically, this includes two blocks of 4 MHz, one below and one above the 60.75 to 62.75 MHz band mentioned above.
Spectrum is generally in short supply, and in many frequency ranges there is a large imbalance of supply and demand. It is therefore important to consider whether there is demand to bring this unused spectrum into use, and if so how this might be done.
Ofcom considers that there are a number of potential uses for this frequency range. One potential use is as additional capacity for 'ADS-RSLs'. It is likely that the equipment used for these services in the 60.75 to 62.75 MHz range could readily be re-designed to use frequencies that are elsewhere in the 55 to 68 MHz band. However, other uses are also possible including private business radio applications. The adjacent 68 to 87.5 MHz range is used by a number of civil business radio applications, as well as for emergency service and defence use. There is also some use of similar frequencies for broadcasting in other countries, and use for PMSE may also be possible.
Ofcom is seeking views from respondents on a number of matters including:

alternative uses for these unused frequencies
the level of interest in accessing these frequencies
whether Ofcom should make the spectrum available for licensed use, and if so on what basis.

If the spectrum were to be released for use, Ofcom would need to address a range of issues, including the nature of any licence (technical conditions, licence duration, etc), and the mechanism for releasing the spectrum. Alternatives in the last respect include a first come, first served process, and possible award by auction. This document does not contain proposals on these matters, as the first step is to ascertain the level of interest (if any) in use of the frequencies.

Footnotes:

1.- The Communications Act 2003 removed the distinction between broadcast and non-broadcast spectrum.

2.- By ‘roaming’ we mean the use of a particular frequency in different places across a large predefined area (e.g. across a region or even the whole country).

The full document is available below:

Radio Restricted Services and 55 to 68 MHz: A Consultation [pdf]
Full print version

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