Note: This information sheet replaces information sheets RA344 Abuse of CB Radio, RA345 Abuse of Amateur Radio and RA346 Guidance on Revocation of Amateur and CB Licences.

Amateur & CB Radio Abuse

Introduction

Most radio amateurs 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 information sheet explains what you can do to help deal with this problem.

What is 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 callsigns, keying out other CB users and the like. On the amateur service it is most commonly aimed at open access facilities such as the 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. The police can take action under the Regulations but 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. If possible tape the transmission in a manner that can easily be identified at a later date. You should label the tape with time, date and frequency you were operating on.
  
  
• 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 the Radiocommunications Agency for possible action. AROS can be contacted at:

AROS
Radio Society of Great Britain
Lambda House
Cranborne Road
Potters Bar
Hertfordshire
EN6 3JE.

(b) CB Abuse. CB radio has its own national representative organisation, the British Citizens' Band Confederation (BCBC) to whom members and non-members can report abuse incidents. BCBC will send fully documented cases to the Agency for investigation. Alternatively reports can be sent direct to the Agency at the address below or to your local office (see information sheet RA 206 which gives addresses and contact details). BCBC can be contacted at:

BCBC
PO Box 5826
Basildon
Essex SS16 5FQ

What can the Agency do?

Unlike AROS and BCBC, our local staff have the legal powers to enforce the law. The penalties can be severe. Offences tried in a magistrate's court attract a maximum penalty of £5,000 and/or imprisonment for a term not exceeding six months. Those tried before a jury can attract an unlimited fine and/or two years imprisonment. 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 to the Secretary of State.

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

If the Agency has these powers why bother with AROS and BCBC?

Amateur and CB radio is allocated radio spectrum on the understanding that no protection can be given against interference within the bands. We have to devote most of our resources to dealing with interference caused to the emergency services and others where there is a threat to safety to life. Our next priority is to deal with interference caused to business users who depend upon reliable radio communications for the successful operation of their businesses.

Most radio users will see these priorities as reasonable and understand that we must treat non-commercial uses of radio as lower priority areas. Nevertheless, we do take action against radio amateurs including prosecutions for Wireless Telegraphy Act offences. The Central Office of Communications issues press releases of successful prosecutions and these are published on the Agency's website www.radio.gov.uk. By reporting cases of abuse to us via AROS or BCBC, responsible radio users can help maximise the use of our resources.

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. If you are able to help by submitting reports we will be grateful. However we will not necessarily be able to tell you anything about what has been done with your information as all investigations are treated as confidential. It may be that a prosecution is pending and the case will be subjudice until the conclusion of proc-eedings. What we can do, however, is to assure you in advance that such reports will be treated seriously.

Amateur & CB Radio Licence Revocation

Introduction

Under the Wireless Telegraphy Act 1949 ("the 1949 Act"), the Secretary of State has the discretionary power to revoke wireless telegraphy licences. The Agency is responsible for advising the Secretary of State on such cases and for carrying out the revocation process on the Secretary of State's behalf. 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 because of misuse or potential misuse of the radio spectrum. Most of these cases arise in connection with Amateur or Citizens' Band Radio Licences. This section sets out the way in which such revocations are dealt with by the Agency and the procedures that are followed to ensure that they are dealt with in a correct and consistent manner. Revocation of other licence classes is dealt with in information sheet RA342.

The legal background to revocation

Section 1(4) of the 1949 Act states that "A wireless telegraphy licence (other than a television licence) may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the Secretary of State served on the holder of the licence". This discretionary power does not mean, however, that we can revoke any licence without good reason. The power to revoke must be used for the correct purpose and be exercised reasonably. Each case is looked at on its own merits and must follow Agency procedures.

Why are licences revoked?

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.

When we investigate a potential offence or breach of licence terms, we have authority to close down or restrict the operation of a station for a temporary period. The temporary period will normally be 28 days, but may be a greater or lesser period as the circumstances warrant. Depending on the nature of the offence, consideration is then given to prosecution and/or revocation. If a prosecution is successful, in many cases it will be likely that a conviction will be followed by a revocation. However, these are two separate procedures, and in relation to the latter we have to be satisfied that the licence holder is a person who would not observe the terms and conditions of the licence and that the revocation should proceed in order to protect the spectrum. We can revoke without the need for a prosecution, for example if there was a need to protect other authorised users or if a licence holder refused to comply with licence conditions.

How is a licence revoked?

Consideration is given to the individual circumstances of a case as to whether revocation is warranted. This consideration includes whether the individual would use radio in accordance with the terms of the licence and whether revocation is needed in order to protect the spectrum.

What factors are taken into account when this decision is made? In considering the case, the following are examples of the factors that may be 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 prose-cution? A written warning or a caution, where an individual has admitted the offence and accepted the caution, or where forfeiture action in respect of restricted apparatus (such as illegal CB) has been taken under section 80 or 81 of the Telecommunications Act 1984 would also provide strong grounds for consideration;
  
  
• In the absence of a conviction or admission of guilt, what evidence is to hand 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?; and 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.

What happens next?

Where the decision is taken to revoke a licence, a letter is sent to the individual licensee to say that we are considering revocation. The letter 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.

The letter allows the licensee 28 days in which to "make representations", that is, to comment on the reasons given for the proposed revocation and put forward any reasons why the licence should not be revoked.

Any representations received are considered by senior officials who have not been directly involved with the case, and a decision is taken whether to proceed with the revocation. If no reason is found to refrain from revocation, the decision is sent to the licence holder by recorded delivery post with a request for the return of the licence. Failure then to return the licence without reasonable excuse constitutes an offence under section 1(5) of the 1949 Act. 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 on this occasion but that if a further offence is committed, we will take an extremely serious view of this and will immediately reconsider the status of the licence. Licences in respect of which there is a repeated breach of a licence term may be revoked without further notice.

How long can a licence be revoked for?

Revocation is not a punishment and we are not able to ban an individual for a specified period. However, we need to be satisfied that an individual will observe the terms of a licence if one were to be issued. The letter of revocation therefore 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 of course re-apply for the licence at any time. The length of period is carefully 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 qualifications such as the Radio Amateurs' Examination in order to demonstrate an understanding of licence conditions and that they are likely to observe those conditions.

What happens on re-application?

The application 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 app-licant 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 28 days 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 examination such as the Radio Amateurs' 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.

Why publicise revocations?

Our policy is to publicise the revocation of Amateur and Citizens' Band Radio Licences 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. Where the revocation is a result of a prosecution which we have previously published, the reason for the revocation will also be released.

Can appeals be made against a revocation?

Representations may be made with respect to any notice of proposed revocation within 28 days of the notice. If individuals feel that their case has not been dealt with satisfactorily, we have a procedure for dealing with formal complaints and further information on this is contained in information sheet RA238. Persons making an appeal are also entitled to bring judicial review proceedings in the courts in respect of our decision.

Enquiries about amateur or CB abuse

Enforcement Policy Unit
Radiocommunications Agency
Wyndham House
189 Marsh Wall
London E14 9SX

Tel: 020 7211 0461
Tel: 020 7211 0463
Fax:020 7211 0035
E-mail: neil.marr@ra.gsi.gov.uk

Enquiries about licence revocation

Specialist Sectors Unit
Radiocommunications Agency
Wyndham House
189 Marsh Wall
London E14 9SX

Tel: 020 7211 0159
Tel: 020 7211 0160
Fax:020 7211 0228
E-mail: amateur.cb@ra.gsi.gov.uk

For further information about radio matters contact the Agency Switchboard/24 hour Enquiry Point service:

Tel: 020 7211 0211
Fax:020 7211 0507
E-mail: library@ra.gsi.gov.uk

Information sheets are available on the Agency's website: www.radio.gov.uk

Further Reading
Selective listing of RA information sheets and application forms

RA 409 April 2002