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1. What is illegal broadcasting?

This is any form of broadcasting without a legitimate licence. Pirate radio forms the majority of illegal broadcasting, which is usually done over the FM radio frequencies of 87.5 to 108 MHz. The majority of illegal broadcasting takes place in cities, but illegal broadcasters with powerful transmitters can encroach into neighbouring rural areas.

2. How widespread is the problem?

Ofcom estimates that there are around 150 illegal broadcasters in the UK, with more than 50% operating in London. At any one time it is believed that there are up to 60 illegal broadcasters transmitting in London.

3. How do illegal broadcasters operate?

The business model

There is a misconception that the people behind illegal radio stations are just enthusiasts with an interest in music and broadcasting. The truth is that many illegal stations turn over large sums of money.

Set up costs are minimal. A transmitter costs around £350 and a good-quality studio can be assembled for £2,000.

Revenues come from two sources:

1. Many DJs pay to broadcast on illegal radio stations in an attempt to gain public exposure. Predominantly young people, most DJs are exploited by station managers who will charge them up to £20 per hour for the chance to appear on air.
2. Illegal radio stations receive income from selling advertising, often publicising events at nightclubs. A large illegal radio station can generate up to £5,000-a-week in cash.

Transmission

An illegal broadcaster will identify a slot in the FM broadcasting band. It will then locate its transmitter on high ground, usually on the roof of a local authority building, typically a residential tower block. To feed the transmitter, the illegal broadcaster will tap into the building's power supply, often by diverting electricity from the lift motor room - in the process putting the lift out of action for the residents. In some cases illegal broadcasters will place their transmitters on mobile phone masts.

The transmitters are usually located miles away from the studio of the illegal radio station which is linked via a wireless connection.

4. Why is illegal broadcasting a problem?

Serious crime

There is a direct link between illegal broadcasting and serious crime. Illegal broadcasters sometimes resort to violence against caretakers, council workers and residents in an attempt to locate their transmitters in public buildings. Raids on studios of illegal broadcasters have uncovered weapons, including firearms. There have also been reports of violent acts committed by members of rival illegal radio stations. These include serious assaults and shootings.

There is a link between illegal broadcasters and illegal drugs. Raids have uncovered a range of illegal substances. There is evidence that illegal broadcasters send coded messages to dealers and users by playing a particular song to indicate that drugs are ready for collection. Money raised through advertising events at nightclubs on illegal radio stations is sometimes used to finance the purchase of drugs for sale at these events

Illegal broadcasting fuels theft. Legitimate commercial broadcasters and transmission companies have been targeted by thieves seeking high-quality equipment such as transmitters, encoders and processors.

Safety

Illegal broadcasters cause interference with legitimate broadcasts. The growth in illegal broadcasting poses a threat to the operation of some of the country's essential safety of life services by causing interference with these services. This year Ofcom has responded to 41 such cases. Services that have been affected include: National Air Traffic Services, the Metropolitan Police and London Fire Brigade.

Public nuisance

Most regular radio listeners will have encountered illegal broadcasting at some time as illegal broadcasting often interferes with legitimate radio stations.

Mobile phone coverage can also be affected when masts and base stations have to be shut down by telephone engineers to repair damage caused by illegal broadcasters.

Economic impact

Interference from illegal broadcasting can sometimes obscure broadcasts from small, legitimate radio stations, threatening their economic viability.

5. What does the law say?

Wireless Telegraphy Act 2006

Under this Act Ofcom issues licences to radio broadcasters. The Act also sets out offences. They include: broadcasting without a licence, allowing premises to be used for unauthorised broadcasting, facilitating broadcasting and causing deliberate interference to any wireless telegraphy. Under the Act, Ofcom and police officers can enter and search premises. Ofcom and police officers have the power to seize and detain equipment used for illegal broadcasting under the authority of a search warrant.

6. What is the penalty for illegal broadcasting?

On conviction on indictment, an unlimited fine and/or two years in prison and the confiscation of equipment is the maximum penalty for illegal broadcasting. Anyone convicted of an offence is barred from working for a legitimate radio station for five years.

7. Don't illegal radio stations serve a community need?

Illegal broadcasters sometimes justify their actions by claiming that they are providing a valuable service to their community. However, evidence from prosecutions indicates that most illegal radio stations are driven by profit.

Ofcom recognises that local communities can sometimes be better served by small and locally-based radio stations. As a result it is has created a new type of licence for community radio. Ofcom has issued 48 community radio licences to date and is assessing a further 118 applications. The community radio licenses are only awarded to not-for-profit organisations.

8. What is Ofcom's role in tackling illegal broadcasting?

In 2006 Ofcom took 1,085 enforcement actions nationwide. This included the seizure of transmitters, the disconnection of transmitters and aerials and 53 raids on illegal broadcasters' studios.

Ofcom works with local police and councils to prosecute illegal broadcasters, with a 100% successful conviction rate. In 2006 some 63 people were convicted.

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