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Illegal Broadcasting

Ofcom is responsible for ensuring that the radio spectrum is not misused. The greatest threat comes from illegal broadcasters who operate with total disregard for authorised radio users.

The penalties for the criminal offence of illegal broadcasting are:

• an unlimited fine and/or two years in prison, plus
• anyone convicted of an offence is barred from working on a legal station for 5 years.

What is illegal broadcasting?

Illegal broadcasts are made by broadcasters that do not have a licence issued under Section 8 of the Wireless Telegraphy Act 2006. Independent broadcasters must also have a broadcasting licence issued by Ofcom.

Why is illegal broadcasting a problem?

Illegal broadcasting is a criminal and anti-social activity and station operations are a menace to legal broadcasters and the public alike. They:

• cause interference to the broadcasts of legal radio stations depriving them of audience and the public of the ability to listen to the station of their choice.
• steal frequencies and space on the radio spectrum and their use of poor transmitting equipment makes interference an inevitable consequence of their activities.
• unauthorised use of premises as transmitter sites leads to criminal damage and theft - a burden carried by the owners or residents of the premises used.
• pay no business, council, VAT or income taxes and therefore take from, rather than contribute to, the communities they claim to serve.
• they disrupt the vital communications of the safety of life services, particularly air traffic control.

How does a typical illegal broadcaster operate?

A typical illegal broadcaster will identify what they think is a clear slot in the FM broadcasting band (87.5 - 108 MHz) irrespective of radio spectrum planning considerations designed to avoid interference and they will establish a transmitter site on high ground or the roof of a council tower block. Use of the latter site normally involves breaking locks to gain access to the roof and tapping into the power supply in a lift motor and stealing electricity. A transmitter will then be concealed in the lift motor room or ventilation shaft.

Quite often the transmitter is fed by a signal from the broadcasting studio which may be several miles away via a microwave radio link. An antenna on the roof radiates the signal from the main transmitter.

Ofcom is addressing the problem proactively, listening to the broadcasts of illegal stations from its monitoring station to gain information, such as the telephone numbers used in a station’s operation, which network operators may cut off if they are being used for illegal activity. Other information gained from this monitoring, such as companies and individuals using a station for advertising, helps to support enforcement action.

The chart below details the number of operations (raids) against the number of different stations per year since 1991 and the number of convictions and average fines imposed by the courts.

Year	Stations	Total Operations	Convictions	Average Fines £	Average Costs £
1991	127	475	103	242	239
1992	113	520	70	99	172
1993	148	611	36	209	297
1994	164	570	61	503	328
1995	166	645	57	266	243
1996	171	842	28	87	298
1997	169	820	41	193	340
1998	177	928	53	452	585
1999	239	1414	47	229	307
2000	231	1494	41	377	302
2001	248	1438	20	397	761
2002	209	1046	49	417	296
2003	175	877	71	556	492
2004	171	1021	52	333	1059
2005	177	770	58	563	452
2006	226	1085	63	118	327

Anyone involved with illegal broadcasting, even if they only allow their premises to be used, or if they advertise on a station commits an offence. The maximum penalties, at Crown Court, are an unlimited fine and two years in prison.

How do I report illegal broadcasting activity?

Information can be reported via the online form at:
http://www.ofcom.org.uk/complain/inter/radio/293512/?itemid=316933

We can also deal with complaints by phone between 0900 and 1700, Monday to Friday. The number for the Ofcom Advisory Team is 020 7981 3040 or 0300 123 3333.

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