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Author Topic: Ofcom way of thinking about the law  (Read 194 times)

Offline Jock Wilson

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Ofcom way of thinking about the law
« on: June 22, 2019, 1110 UTC »
https://www.achimbrueckner.de/freeradio/php/wordpress/?p=460694

https://www.ofcom.org.uk/spectrum/interference-enforcement/spectrum-offences/illegalbroadcast

Copied and pasted from the ofcon link above is the following:
.

  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.

Golly gosh! - food for thought for ALL OF US!

In the light of the above, I think it is unwise if 'UNLICENSED AM MODE OPERATORS' transmitting from the UK choose to air programmes that include opinions of their presenters on controversial political issues of the day, such as BREXIT and the use of cannabis as a recreational or medical drug. Best to avoid annoying those who have the law on their side!


  edit by Ray  (subject changed for this part, after split)
was : Re:FAO 'UNLICENSED AM MODE OPERATORS'

« Last Edit: June 22, 2019, 1926 UTC by Ray Lalleu »

Offline The Ether Hacker

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #1 on: June 22, 2019, 1305 UTC »

Copied and pasted from the ofcon link above is the following:
 

"Ofcon"  ?  ;) Fraudian slip?

It's wise to stay clear of emergency frequencies and controversial political content... most pirates do, but I know of recent examples who don't regarding Brexit and recreational drug use.

It's a bit ironic if ofCON is still so concerned about keeping the HF airwaves "clean" yet so much modern technology adds masses of interference and noise to local neighbourhoods in the MF and HF spectrum...

I am also aware that many "non-pirates" seem to pick and choose frequencies in the HF spectrum irrespective of international frequency plans... most notable Russian OTH radar signals etc.... they can pop up almost anywhere, it seems
« Last Edit: June 22, 2019, 1308 UTC by The Ether Hacker »
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Online Ray Lalleu

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #2 on: June 22, 2019, 1613 UTC »
So broadcasts coming from foreign countries are not unauthorized by Ofcom,
and Ofcom not taking action against those unauthorized transmissions is an accomplice of a criminal action, at least should jam any transmission coming from abroad,
otherwise, that means the Ofcom is a criminal organisation ?

D/E/F/G/It/Sp : Dutch/English/French/German/Italian/Spanish
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Ray, western France.

Online Brian

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #3 on: June 22, 2019, 1623 UTC »
So broadcasts coming from foreign countries are not unauthorized by Ofcom,
and Ofcom not taking action against those unauthorized transmissions is an accomplice of a criminal action, at least should jam any transmission coming from abroad,
otherwise, that means the Ofcom is a criminal organisation ?
Ofcom don't have any jurisdiction over foreign transmissions.

The deliberate act of jamming any signal is in itself unlawful.

Online Ray Lalleu

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #4 on: June 22, 2019, 1630 UTC »
I remember a so-called "BBC pirate radio"...
How do the people know what transmissions are illegal if they are not jammed ?
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Offline ukdxer

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #5 on: June 22, 2019, 1708 UTC »
OFCOM's main concern has been tackling the FM pirates, particularly in London, where at their peak they filled every available channel fitting in between the BBC and commercial radio stations.

But according to this article it seems many of the London pirates are moving online and streaming their programmes over the internet rather than sticking aerials on top of tower blocks across the capital. It's reckoned there now around 50 pirates in London, down from more than 100 a decade ago.
https://www.nytimes.com/2018/10/03/arts/music/london-pirate-radio.html

I think shortwave pirates are only in trouble if they start broadcasting on the emergency frequencies or OFCOM receives a complaint about one causing interference. There are very few SW pirates broadcasting from the UK now and only Merlin is on the air regularly
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Offline The Ether Hacker

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #6 on: June 22, 2019, 1729 UTC »
So broadcasts coming from foreign countries are not unauthorized by Ofcom,
and Ofcom not taking action against those unauthorized transmissions is an accomplice of a criminal action, at least should jam any transmission coming from abroad,
otherwise, that means the Ofcom is a criminal organisation ?

As long as foreign broadcasts, like for example former Radio Luxembourg's English service on 1440 khz, are legal in the country of origin and using agreed frequencies and power levels designated by the I.T.U. then that foreign broadcast service is automatically legal as far as Ofcom is concerned.  However, an unlicenced radio broadcast from outside UK territory, but receivable in the UK is still a contravention of UK broadcast law.  So, let's say a Dutch radio pirate get's found out while in the UK, he can still be prosecuted in the UK, despite never having broadcast from UK territory, but from Holland or on a ship in international waters.

For further information see:

 EUROPEAN AGREEMENT
FOR THE PREVENTION OF BROADCASTS
TRANSMITTED FROM STATIONS
OUTSIDE NATIONAL TERRITORIES
Strasbourg, 22.I.1965

....which can be found somewhere online in PDF format by using google.

This agreement was made as a direct result of European off-shore pirate radio in the 1960s, and is still legally valid today, as far as I know
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Offline Jock Wilson

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #7 on: June 22, 2019, 1829 UTC »
https://www.ofcom.org.uk/spectrum/interference-enforcement/spectrum-offences/illegalbroadcast

Copied and pasted from the ofcoM ;) link above is the following:.

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.

'Think' may not turn out to be exact! Unlike my grammatical assessment of ofcoM's 'Summary of offences'! :)

Let's hope they are equally sloppy when it comes to catching 'UNLICENSED AM MODE OPERATORS' and their supporters

Offline The Ether Hacker

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #8 on: June 22, 2019, 1849 UTC »
https://www.ofcom.org.uk/spectrum/interference-enforcement/spectrum-offences/illegalbroadcast

Copied and pasted from the ofcoM ;) link above is the following:.

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.

'Think' may not turn out to be exact! Unlike my grammatical assessment of ofcoM's 'Summary of offences'! :)

Let's hope they are equally sloppy when it comes to catching 'UNLICENSED AM MODE OPERATORS' and their supporters

"Provide content"!!!... so if a pirate station broadcasts a speech by HM The Queen, basically she's committed an offence by "providing content" used in contravention of the Wireless Telegraphy Act 2006... that should be interesting.  That's two years prison and an unlimited fine, ma'am.  I bet she'll just get a police caution like Prince Philip, after that almost deadly car accident, last winter ....
Antennas: 1/2 wave-dipoles and grounded 1/4 wave monopoles fed with balanced feed-line and A.T.U.
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Online Brian

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #9 on: June 22, 2019, 1909 UTC »
https://www.ofcom.org.uk/spectrum/interference-enforcement/spectrum-offences/illegalbroadcast

Copied and pasted from the ofcoM ;) link above is the following:.

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.

'Think' may not turn out to be exact! Unlike my grammatical assessment of ofcoM's 'Summary of offences'! :)

Let's hope they are equally sloppy when it comes to catching 'UNLICENSED AM MODE OPERATORS' and their supporters

"Provide content"!!!... so if a pirate station broadcasts a speech by HM The Queen, basically she's committed an offence by "providing content" used in contravention of the Wireless Telegraphy Act 2006... that should be interesting.  That's two years prison and an unlimited fine, ma'am.  I bet she'll just get a police caution like Prince Philip, after that almost deadly car accident, last winter ....

Ah, but if the content is "pirated", she can hardly be accused of providing it.

Online Ray Lalleu

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Re: Re: FAO 'UNLICENSED AM MODE OPERATORS'
« Reply #10 on: June 22, 2019, 1917 UTC »
I'm going to split that thread in two parts :
-frequencies to avoid
-general discussion about Ofcom way of thinking how the law should be applied

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Offline Jock Wilson

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Re: Ofcom way of thinking about the law
« Reply #11 on: July 12, 2019, 0130 UTC »
MP uses Morse code to wish happy birthday to GCHQ

https://uk.news.yahoo.com/mp-uses-morse-code-wish-180916470.html 

As GCHQ probably monitors both licensed and unlicensed HF broadcasts 24/7, it would be sensible for unlicensed free radio stations transmitting on short wave from UK soil to refrain from announcing this and also to avoid announcing that their radio programmes have content  that is free of government control.

I suggest that it is wise to make only brief announcements and station IDs on air to say no more than that they are FREE radio stations broadcasting to a European audience, or that their broadcasts can be received worldwide. There is no need to risk winding up those who have the law on their side.

We should also wish GCHQ a HAPPY BIRTHDAY :), and hope that said FREE radio programmes are both entertaining and inoffensive to listeners of all ages in order to be attractive alternatives to GCHQ monitors on duty who might otherwise have to listen to a greater volume of boring propaganda in English from licensed broadcasters in distrusted countries like North Korea and Putin's Russia.

If Ofcom is not contacted by GCHQ, busts of HF PIRATES on UK soil will only occur if there are complaints instigated about interference or programme content. The risk of local interference can be minimized by using low power into efficient aerials as well as running properly tuned stable transmitters. The risk of interference to licensed stations on HF can be reduced dramatically by avoiding particular distress frequencies.
« Last Edit: July 12, 2019, 0209 UTC by Jock Wilson »

Online Brian

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Re: Ofcom way of thinking about the law
« Reply #12 on: July 12, 2019, 1655 UTC »
Merlin taking a break from the airways for a while. He thinks he's being followed and there's an observation van at his transmitter site.

Offline Stretchyman

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Re: Ofcom way of thinking about the law
« Reply #13 on: July 12, 2019, 1810 UTC »
GCHQ has no interest in monitoring pirates and neither does it as it has far more important things to do. Neither does Ofcom for that matter and as mentioned will ONLY act on a complaint, again they are far too busy. Stop being so paranoid.

They most definitely are NOT listening.

I know BTW.....

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Offline Jock Wilson

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Re: Ofcom way of thinking about the law
« Reply #14 on: July 12, 2019, 1925 UTC »
Let all those who would transmit licence-free decide how to proceed coz they are contravening the law of the land and could end up in criminal court.

In the PRC I was advised back in the day by several persons who purported to be in the know that X,Y and Z were illegal, but were doable coz there was no rule of law.

However, said advice turned out to be erroneous coz some of those who acted on it were found out and deported after serving time in 'administrative detention'.   

As every country will say, ignorance of the law is no excuse, whenever those who have broken it are prosecuted.

Over and out.