Rules on using radio equipment

We balance the needs and interests of different spectrum users

Section 3 of the Communications Act 2003 sets out one of Ofcom’s main duties. It says that, in carrying out our functions, we are required to secure the optimal use of the spectrum for wireless telegraphy. It also says that we must take into account the different needs and interests, so far as the use of the spectrum for wireless telegraphy is concerned, of all those who may wish to make use of it.

The most relevant Act concerning enforcement is the Wireless Telegraphy Act 2006 (WTA). Section 3 says that, when carrying out our spectrum functions, we must have regard, amongst other things, to the extent to which the spectrum is available for use for wireless telegraphy and the demand for such use. We must also take into account the desirability of promoting the efficient management and use of the spectrum that is available for use for wireless telegraphy.

One thing these duties reflect is that there are many different uses and users of the spectrum. The way they use the spectrum has the potential to interfere with one another.

Our statutory duties require us to balance the needs and interests of the different spectrum users and uses. Importantly, none of these duties require us to eradicate all interference and guarantee any particular user interference-free spectrum use.

We license the use of spectrum to stop interference

The WTA also sets out a number of functions we have to carry out and powers we are given in order to do so (and when we carry out these functions and exercise these powers, we have to comply with the duties described above). These functions and powers also reflect the potential for different spectrum uses to interfere with one another and they set up a statutory scheme for managing that issue.

In particular, section 8 sets up a scheme for scheme for licensing spectrum use. Users must either have a licence for their spectrum use, issued by Ofcom, or be exempt from the need for a licence under regulations we have made.

These licences and exemptions contain conditions which regulate how, when and where a person may use the spectrum.

Using the spectrum without a licence or the benefit of an exemption, or in breach of the conditions of a licence or an exemption, is criminal offence and Ofcom has enforcement powers in sections 35, 39 and 41. These provisions are clearly designed to manage the potential for conflict between spectrum users and uses.

There are also specific provisions that can be used where there are interference problems caused by equipment. Under section 54, Ofcom can make regulations which set requirements to ensure that, when it is used, apparatus does not cause undue interference to wireless telegraphy. Under section 55, we can serve prohibition notices which prevent a person using equipment that causes certain kinds of undue interference. Failure to comply is a criminal offence under section 58.

One of the regulations Ofcom has made under section 54 is the Wireless Telegraphy (Control of Interference from Apparatus) Regulations 2016. Very broadly, these apply to certain kinds of apparatus and give Ofcom the power to serve a prohibition notice against the use of such apparatus that causes undue interference.

Section 4 of the WTA, meanwhile, gives Ofcom a function which also reflects the potential conflict between spectrum users and uses. It says we must provide a service of advice and assistance for people who complain to us about interference to the spectrum. Again, though, it does not require that Ofcom ensures or guarantees that any particular spectrum use or user is free from interference.

The WTA contains specific definitions of “interference” and “undue” and “harmful” interference. Those are quite detailed, but the former covers situations where electromagnetic energy or signals cause all or part of a wireless communication to be compromised. Such interference is “undue” and “harmful” if it endangers navigation or safety of life services or degrades, obstructs or repeatedly interrupts lawful wireless telegraphy transmissions.

Interference is normally caused by:

• the unlicensed use of radio apparatus;
• electromagnetic disturbance from apparatus or installations; or
• a fault or deficiency in the affected station or apparatus.

Establishing and sustaining certain types of wireless telegraphy is susceptible to natural phenomenon, for example radio communication frequencies known as “High Frequency” varies with complex factors including sunlight and atmospheric conditions which is capable of blocking signals.

You must have a licence to use radio equipment (with some exceptions)

The use of radio equipment is regulated by law. It is illegal to establish, install or use radio communications equipment except under and in accordance with an Ofcom licence or a licence exemption regulation, the maximum punishment on conviction is imprisonment and an unlimited fine.

Ofcom issues licences to use spectrum. More information about applying for or renewing a licence is available on our website.

Many common uses of radio, such as wi-fi, cordless phones and car alarms are exempt from requiring a licence. You can also read more about licence-exempt use.

Read the relevant rules

The Wireless Telegraphy Act 2006 is the main legislation on the regulation of radio spectrum in the UK, and provides investigation and enforcement powers available to Ofcom.

The Communications Act 2003 provides regulatory powers, functions and responsibilities to Ofcom on spectrum and other matters and provides the overall statutory framework within which Ofcom operates.

The Radio Equipment Regulations 2017 SI No. 1206 provides the legal framework for manufacturers, importers, and distributors for the making available of radio equipment in Great Britain and Northern Ireland.

The Electromagnetic Compatibility Regulations 2016 SI 1091 sets out the requirements that must be met before electrical apparatus can be placed on the market (and contains provisions for fixed installations) in Great Britain and Northern Ireland.

Ofcom cannot provide specific legal advice. If you have any concerns, please seek specific guidance.

Using spectrum without a licence or the benefit of an exemption, or in breach of the conditions of a licence or an exemption, is a criminal offence, and Ofcom has enforcement powers in sections 35, 39 and 41 of the Wireless Telegraphy Act 2006. These provisions are designed to manage the potential for conflict between spectrum users and uses.

It is illegal, unless authorised, to use any apparatus for the purpose of interfering with wireless telegraphy. For full details, see section 68(1) of the Wireless Telegraphy Act 2006.

The maximum penalty is up to two years’ imprisonment and/or an unlimited fine.

A jammer is any apparatus designed, constructed, adapted, or intended to be used to block or weaken the reception of wireless telegraphy.

How jammers work

Jammers usually work by emitting electromagnetic radiation on a frequency, intensity, and proximity to overwhelm a receiver obstructing or degrading reception of the ‘wanted’ transmission. A jammer that works in this way is not classed as ‘radio equipment’.

A person commits a criminal offence if, without authority, they use apparatus for the purpose of deliberately interfering with wireless telegraphy. This offence is punishable by up to two years imprisonment and an unlimited fine.

Authorising the use of jammers

Ofcom does not authorise or licence the use of jammers.

Various laws allow jammers to be used in some special cases, like in prisons and by the police and other agencies.

Selling and possessing jammers

Jammers (as described above) are subject to the Electromagnetic Compatibility Regulations 2016  (EMC). These regulations require that equipment does not affect the operation of radio communications.

The EMC regulations make it a criminal offence to make non-compliant equipment available: ‘A product is made available on the market when supplied for distribution, consumption or use on the in the course of a commercial activity, whether in return for payment or free of charge.’

A person who manufacturers, imports or distributes non-compliant equipment may be legally culpable and, upon conviction, subject to an unlimited financial penalty and/or three months’ imprisonment.

Ofcom’s Spectrum Compliance team carries out investigations and uses our enforcement powers to fight the selling of jammers. This is how we meet our duty to enforce the EMC regulations, and fulfil our wider spectrum protection and management role.

Police and other agencies

Representatives from the police or other agencies may contact Ofcom for advice and assistance in connection with jammers. We will normally assist in identifying the source of interference. Cases should be referred to the Spectrum Management Centre (SMC).

Innovation and trial licensing

Ofcom sometimes issues innovation and trial licences to authorise the use of spectrum for research, testing or demonstration. Authorised experiments may include deliberate ‘self-interference’ within the test environment, for example to test the construction or effectiveness of a jammer device or to use generated interference to perform penetration or resilience testing of other apparatus.

In those cases, tests must be sufficiently remote, shielded, or low power that there is no likelihood of interference external to the test area.

Anyone who intentionally, and without the necessary authorisation, intercepts communications in the UK may be committing a criminal offence. This section explains our position on the reception of radio transmissions by unauthorised people or groups.

General radio reception and scanners

Generally, the use of radio receivers is exempt from requiring a licence unless it is also capable of transmission. It is legal to place compliant radio receivers on the market in the UK.

A radio scanner is a receiver that can automatically tune, or scan, two or more discrete frequencies. It may stop scanning when it detects an ongoing transmission and continue to scan when the transmissions on that frequency stop. Generally, scanners cover the non-broadcast radio bands between 30 and 951 MHz using FM, although there are scanners that receive on other parts of the radio spectrum and use other modulation types including voice, video or data transmissions.

Typically, receivers and scanners can only be used for ‘general reception’ such as licensed broadcasting stations and hobby radio.

Ofcom cannot provide specific guidance on legal issues associated with the use of receiving apparatus and, when in doubt, it is recommended that specific legal advice is obtained.

Unauthorised reception

There are two criminal offences relating to unauthorised reception: interception and disclosure. See section 48 of the Wireless Telegraphy Act 2006.

Interception

It is an offence for an unauthorised person to use wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message whether sent by means of wireless telegraphy or not, of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient.

The Investigatory Powers Act 2016 allows for a number of different organisations to carry out interception of communications and other forms of monitoring.

Disclosure

It is an offence for someone, otherwise than under the authority of a designated person, to disclose any information as to the contents, sender or addressee of any message referred to above. However, this does not apply where the disclosure is in the course of legal proceedings or for the purpose of any report of those proceedings. Furthermore, it does not apply where the information would have come to the person’s knowledge without the use of wireless telegraphy apparatus by the person or by anyone else.

This means that it is illegal to disclose to a third party anything heard in a transmission that a person has listened to without authorisation.

The maximum penalty is up to two years’ imprisonment and/or an unlimited fine.

Mobile phone (or cell phone) repeaters – also known as boosters, enhancers or amplifiers – amplify signals between a mobile phone and the network operators’ base stations. They can improve the user’s mobile reception in some circumstances.

Rules on using repeaters

Mobile repeaters are classed as radio apparatus and their use in the UK is regulated by the Wireless Telegraphy Act 2006. It is illegal to install or use this type of radio apparatus unless:

• it is done under and in accordance with a specific wireless telegraphy licence granted by Ofcom; or
• the apparatus and its installation and use complies with regulations made by Ofcom exempting it from the requirement for a licence.

Unless one of the above conditions is met, the unlicensed installation and use of a repeater would put the user at risk of prosecution under the 2006 Act. If found guilty, users can face an unlimited fine and up to a year in prison.

In October 2020, Ofcom decided that two categories of repeaters should no longer need a licence to be used legally. The two categories are:

• static mobile phone repeaters for indoor use (where complying with specified requirements); and
• low gain mobile phone repeaters for in-vehicle use (again where complying with specified requirements).

In November 2021, Ofcom decided to extend the range of static indoor repeaters available for people to buy and install indoors, without a licence, to include:

• provider specific repeaters; and
• multi-operator repeaters.

In May 2022, Ofcom made the regulations that allow the installation and use of these devices, provided they meet the required technical standards and conditions of use specified by Ofcom. The regulations are called the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022. It will remain illegal to use repeaters that do not meet these standards.

Compliant repeaters

Ofcom has published a list of repeaters that we understand meet the technical requirements of our licence exemption regime. These are not repeaters that we promote or endorse, simply those that have been tested against our requirements by an accredited test house.

If a manufacturer or vendor wishes to have one or more of its repeaters included on our list, it must provide evidence to us that the device meets the required technical standards. It can do this by arranging (at its own expense) to have the device assessed by an accredited testing house, using a voluntary testing standard (PDF, 860.4 KB) produced by Ofcom.

If testing confirms the device meets our technical requirements, the manufacturer or vendor can then submit the evidence from the testing house to Ofcom at marketsurveillance@ofcom.org.uk. Subject to our confirmation, we will then list the device on our website.

All radio apparatus placed on the market or put into service in the UK must meet the requirements of The Radio Equipment Regulations 2017 SI No. 1206.

Femtocells and smart repeaters

These devices are slightly different to the repeaters referred to above.

Femtocells are small base station transmitters that may be installed by a user and connect to the host mobile operator network via a fixed broadband connection. So-called “Smart Repeaters” are controlled by the mobile network via its transmission spectrum without a fixed physical connection. Some mobile network operators offer services using these devices which may provide improved in-building coverage and data rates.

Although these kinds of devices may be installed in user premises, a key feature of them is that they are monitored and controlled by the host network. This is to ensure they operate only within the terms and conditions of the network operators’ licences under which they are authorised. It means the end-user does not need their own licence (or licence exemption) to use a femtocell or smart repeater controlled by their network operator.

For larger premises, other solutions such as a managed small-cell provider or a distributed antenna system may be available. We advise contacting your network provider in the first instance, to discuss your specific requirements.

If you are manufacturing, importing or supplying any radio or electrical apparatus, you are responsible for making sure it complies with all relevant legislation before it can be placed on the market or put into service in the United Kingdom.

From 1 January 2021, and following the end of the Brexit transition period, new rules apply which differ depending on whether goods are placed on the market from this date in Great Britain or in Northern Ireland.

The processes are similar in many respects, but there are some significant changes – the latest guidance for manufacturers, importers and suppliers is set out below.

The Radio Equipment Regulations

Ofcom is an enforcement authority for provisions contained in the Radio Equipment Regulations 2017.

The regime sets essential requirements for safety and electromagnetic compatibility, and the effective and efficient use of the radio spectrum. It applies to all products using the radio spectrum, subject to specific exceptions.

The regulations set out the obligations of manufacturers, authorised representatives, importers, distributors and economic operators.

Ofcom has a duty to enforce these regulations as required to protect and manage the radio spectrum. Non-compliant equipment could cause serious interference to authorised spectrum users. Ofcom can issue notices suspending sales and seize equipment and can bring criminal prosecutions if it has reasonable grounds to suspect that a relevant regulation has been contravened.

The maximum penalty for contravening these regulations is three months’ imprisonment and/or an unlimited fine. In addition, the courts may order forfeiture of stocks of equipment.

The Department for Business, Energy and Industrial Strategy has published guidance on the Radio Equipment Regulations 2017. The guidance explains how businesses placing radio equipment on the market in Great Britain and on the market in Northern Ireland can do so. There is also guidance which explains Regulation 14 which requires manufacturers to include information on packaging of radio equipment identifying where there are restrictions on putting into service or requirements for authorisation of use.

To report suspected non-compliant equipment, email marketsurveillance@ofcom.org.uk

The Electromagnetic Compatibility Regulations

Ofcom is an enforcement authority for provisions contained in the Electromagnetic Compatibility Regulations 2016.

The regime ensures that electrical and electronic equipment does not generate, or is not affected by, electromagnetic disturbance.

The regulations set out the obligations of manufacturers, authorised representatives, importers, distributors and economic operators.

The Department for Business, Energy and Industrial Strategy has published guidance on the Electromagnetic Compatibility Regulations 2016.

Ofcom has a duty to enforce these regulations as required to protect and manage the radio spectrum. Non-compliant equipment could cause serious interference to authorised spectrum users. Ofcom can issue notices suspending sales and seize equipment and can bring criminal prosecutions if it has reasonable grounds to suspect that a relevant regulation has been contravened.

To report suspected non-compliant equipment, email marketsurveillance@ofcom.org.uk

Placing manufactured goods on the market in Great Britain

The UKCA (UK Conformity Assessed) marking is a new UK product marking that is used for goods being placed on the market in Great Britain (England, Wales and Scotland) from 1 January 2023. It covers most goods which previously required the CE marking.

The Department for Business, Energy and Industrial Strategy has published guidance which explains when and how to use the UKCA marking.

For any enquiries on all of the above, please contact enquiries@beis.gov.uk

The operation of an unlicensed radio station, sometimes called ‘pirate radio,’ is illegal.

Illegal broadcasters use equipment which may cause interference and have the potential to disrupt the communications of critical services like air traffic control.

The transmitters are often homemade, poorly designed and obtained through the black market. They are frequently installed on high rise tower blocks. These installations aregenerally hazardous and may put the health and safety of the public at risk. The cost of removing these installations can run into thousands of pounds.

There have been cases where those involved in illegal radio stations have been linked to serious crimes, including threats and assaults on enforcement officers, caretakers and residents. Raids on illegal radio stations have uncovered both drugs and weapons, including firearms.

Summary of offences

Anyone involved in illegal broadcasting is committing a criminal offence and could face up to two years’ imprisonment, an unlimited fine or both. See sections 36 to 38 of the Wireless Telegraphy Act 2006.

You may be committing an offence if you know, or have reasonable cause to believe, that unauthorised broadcasts are being made, and you:

• keep a station/apparatus available for its use;
• allowing your premises to be used;
• advertise;
• promote;
• provide content;
• or otherwise enable the broadcasting, including managing or rendering any service that will facilitate the operation.

Responsibilities of the person in charge of premises

It is an offence for someone to knowingly permit the use of their premises for illegal broadcasting. It is also an offence for someone to have reasonable cause to believe that illegal broadcasting is taking place from their premises not to take reasonable steps to prevent it.

How we deal with illegal broadcasting

Ofcom has powers to investigate unlicensed broadcasting stations and prosecute those involved. We can enter and search premises and seize evidence, including any apparatus connected to the illegal broadcast installation.

When we receive reports of harmful interference caused by illegal broadcast stations Ofcom will offer advice and assistance and, where appropriate, will investigate. We take complaints about interference to critical or emergency services particularly seriously.

Small-scale DAB licensing

Small-scale DAB is an innovative technology which provides a low-cost route for local commercial, community and specialist music services to broadcast on terrestrial digital radio to a relatively small geographical area.

You can apply for a small-scale DAB licence on our website.

For more advice about getting involved or applying for a community radio licence, please see Community radio or contact our community radio team.

Another option is broadcasting (or ‘webcasting’) on the internet which does not require a licence from Ofcom.

Report illegal broadcasting

Tell us if you have reason to believe illegal broadcasting is taking place.