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Misuse of Amateur & CB Radio and Licence Revocation

Misuse of Amateur & CB Radio

Introduction

The majority of amateur radio and citizens' band (CB) radio users are responsible people who operate without causing interference or abusing other users.

Unfortunately a small minority of licensees choose to operate irresponsibly. Most of them act in full knowledge of what they are doing and the harm and annoyance they are causing. The amateur and CB communities do not want irresponsible operators and this explains what licence holders can do to help deal with the problem.

Abuse

Abuse of radio comes in several forms on both amateur and CB radio. However, most of it is designed either to deny access to the spectrum or to offend and annoy by causing deliberate interference, using offensive language, playing music, pirating call signs, keying out other CB users etc. On the amateur service, abuse is most commonly aimed at open access facilities such as voice repeater and packet networks so as to cause a nuisance to the maximum number of people and attract attention. Less common, but just as serious, is the abuser who targets individual operators or specific radio services.

The Wireless Telegraphy (Content of Transmission) Regulations 1988 makes it an offence to send a message, communication or other matter that is grossly offensive or of an obscene or menacing character. 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 should you do when you encounter abuse?

• Do not respond to it. Experience suggests that abusers want an audience, so ignore them. Remember that you may be breaking your own licence conditions if you correspond with someone who is breaking the terms of their licence or who does not have a licence or if you try to deny them access by keying your microphone.
• Do not approach or confront them.
• If abuse occurs frequently, make a note of it. Write down essential details such as the date, time, frequency, location, mobile or fixed, what form the abuse took and any other factors that you think might be useful.
• Maintain this log in order to build up a pattern of the abuser's operations.
• Make sure the information you collect is precise and accurate.

What should I do with this information?

(a) Amateur Abuse. The amateur radio movement has its own observation service and its objective is to monitor problems on the amateur bands and try to resolve them amicably. It is called the Amateur Radio Observation Service (AROS), and works through a network of observers who operate confidentially. If you send the information you have collected to AROS either directly or, preferably, via your club or repeater group, then AROS can look into the problem and attempt to resolve it. Often it will succeed but in cases of persistent abuse AROS will send fully documented cases to Ofcom for possible action. AROS can be contacted at:

AROS
Radio Society of Great Britain
3 Abbey Court
Fraser Road
Priory Business Park
Bedford
MK44 3WH

(b) Alternatively use the following link if you would like to report the abuse directly to Ofcom: Report abuse on an amateur radio system

(c) CB Abuse. Reports can be sent direct to Ofcom at the address below.

What can Ofcom do?

Ofcom have legal powers to enforce the law and penalties imposed by the courts can be severe. Offences tried in a magistrate's court attract a maximum penalty of (GBP) £5,000 and/or imprisonment for a term not exceeding six months. In addition, a court may order all or any of the apparatus of the station and other apparatus used in the commission of the offence to be forfeited.

Another possibility is licence revocation as described in the section below. This is a separate procedure that is quite independent of any court action, although most revocations take place following a successful prosecution.

Expectations

Enforcement work is not easy. It takes many hours of quiet and painstaking work. It often involves gathering many pieces of information from a variety of sources and then verifying it by monitoring and other investigations. We welcome reports of abuse but will not necessarily be able to say anything about what has been done with the information because investigations are confidential. It may be that a prosecution is pending and the case will be subjudice until the conclusion of proceedings.

Amateur & CB Radio Licence Revocation

Introduction

Under schedule 1 paragraph 7 of The Wireless Telegraphy Act 2006 Ofcom has the power to vary or revoke wireless telegraphy licences. There are a number of reasons why a licence might be revoked, for example non-payment of a licence fee. The majority of these reasons are outside the scope of this document, which deals exclusively with revocation of a licence due to misuse of amateur or CB radio.

Reason for revocation

The purpose of licensing is to protect the radio spectrum so that it can be managed in the best way for the benefit of all users. This is progressively important given the ever-increasing demand for spectrum from new technologies. We need to ensure that individuals and companies use the spectrum in a responsible manner. Fortunately the vast majority of users do operate responsibly, but for the few individuals where this is not the case we will consider revoking the licence.
Depending on the nature of an offence, consideration may be given to prosecution and/or revocation. If a prosecution is successful, we may then consider revocation in order to protect the spectrum if we consider that the licence holder is a person who would not observe the terms and conditions of the licence. We can revoke without the need for a prosecution, for example if there is a need to protect other authorised users or if a licence holder refuses to comply with licence conditions.

Considerations

In considering whether to revoke, the following factors are taken into account:

• What has the person actually done and what effect did that action have on other radio services?
• Has there been a conviction for the offence or did the individual admit the offence without a subsequent prosecution? A written warning or a caution, where an individual has admitted the offence, or where restricted apparatus has been seized would also provide grounds for consideration;
• In the absence of a conviction or admission of guilt, what evidence is there to substantiate the allegations made?
• What was the attitude of the licence holders concerned - were they co-operative or obstructive, were their actions deliberate, did they foresee the effect the abuse would have on other radio users? Did they take any steps to prevent access to their equipment?
• Were other people involved in the matter?
• Are there any mitigating factors, for example the age or the state of health of the licence holder? Will any particular hardship arise as a result of the revocation? For example, is the licence holder disabled or, in the case of CB radio, will their business be affected?

The last two examples would not necessarily provide reasons for not revoking a licence, but this sort of information is helpful so that the case can be looked at as a whole.

Procedure

Where we propose to revoke a licence we will issue the licensee with a notification under schedule 1 paragraph 7 of the Wireless Telegraphy Act 2006

a) stating the reasons for the proposed variation or revocation b) specifying the period (normally one month) during which the person notified has an opportunity to make representations.

The notification may refer to other classes of licence if it is considered that such licences should also be revoked in order to protect the spectrum. For example, where an individual holds both an Amateur and a Citizens' Band Radio Licence and is convicted for an offence related to amateur radio, we would normally take steps to revoke both licences. If the licence in question is no longer current, the letter will refer to a future licence not being issued to an individual should they choose to apply for one.

Any representations are considered and if no reason is found to refrain from revocation, the decision is sent to the licence holder with a request for the return of the licence. Failure to return the licence without reasonable excuse constitutes an offence under section 11 of the Wireless Telegraphy Act 2006. If it is considered that the licence should not be revoked, a warning letter will be sent to the individual confirming that the licence will not be revoked but any further offence(s) will result in reconsideration of the status of the licence.

Period of revocation

We need to be satisfied that an individual will observe the terms of a licence if one were to be issued. Therefore the notification of revocation gives an indication of when, in our experience, an application for another licence is likely to be successful. This is not a set period but an indication of the period needed for the licence holder to show that they would be capable of operating radio apparatus under the relevant licence without causing disturbance to other users.

The individual can re-apply for the licence at any time. The length of period is based on all details of the case, including the nature of the offence. Where similar past cases exist, the length of the period will reflect this. The letter may also indicate that the individual should re-take relevant amateur radio examinations in order to demonstrate an understanding of licence conditions and that they are likely to observe those conditions.

Re-application

Re-application for a licence will be considered and a decision taken as to whether or not a licence should be issued. In coming to a decision, the following steps may be taken:

The applicant may be asked to provide a statement outlining their proposed use of radio should a licence be issued; and

The applicant may be asked to provide references from other licence holders confirming the applicant's suitability to be a person who would operate radio under the terms of the licence and that they would be prepared to communicate with the applicant were a licence to be issued.

If the decision is taken to refuse the application, the individual will be notified by letter and will be allowed one month in which to comment. If the decision is taken to issue a licence, the following safeguards may be put into place if there are doubts about the future conduct of the applicant:

The applicant may be required to re-sit and pass a relevant amateur radio examination;

We may inspect the station and apparatus as appropriate, in order to satisfy ourselves that the equipment will not contravene the terms of the licence; and

Additional restrictions may be placed on the licensee where this is relevant to the original offence. For example, a decision may be taken to issue a Notice of Variation reducing the power levels permitted under the licence for a certain period.

Publication of revocations

We may publicise the revocation of an Amateur or Citizens' Band Radio Licence in order to make other users aware of the revocation of a licence and the ensuing ban on radio use for the person concerned. In such cases the name (and call sign for Amateur Radio Licences) will be released.

Further information

For more information please contact:

Ofcom Licensing Centre
Riverside House
2a Southwark Bridge Road
London
SE1 9HA

Tel: 020 7981 3131or 0300 123 1000

Fax: 020 7981 3235

Email: licensingcentre@ofcom.org.uk

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