04-01-2013, 08:52 PM
I was in extensive correspondence with Ofcom back in 2010 about 'micro-transmitters' as at the time, various other LPDs (low power devices) had been made legal throughout the EU for connecting i-pods wirelessly to car radios etc). Here's a clip of some of the stuff I wrote to Ofcom and some of the responses:
Quote:
I raise the query for two reasons - firstly, I am a licensed radio amateur, so have more than a passing interest in licensing matters, and secondly, I restore vintage valve radios of the 1930s - 50s era, which of course receive only AM signals, generally on the MW/LW bands, but often SW too. Many radio restorers like to use the radios which they've put back into working order, but AM receivers can't of course receive FM or DAB signals. However, the "micro-transmitter" to which I referred (and I believe that there are others too), overcome this problem, so have a great deal of appeal.
I am aware from comments on internet forums that quite a lot of people have bought these devices, perhaps unwittingly believing that because they comply with FCC regulations, then they ought surely to be OK for use in the UK? Some may think they're lawful - others may suspect that they're not, so may consider it a case of "don't ask - don't tell".
With the demise of FM broadcasting on the horizon - (I think 2016 has been mooted) - the appeal of these devices can, I think, only increase. This is rather like the situation that developed in the late 1970s when illegal unlicensable CB equipment was imported into the UK and sold and used here, creating havoc, not least to the legally licensed R/C model control fraternity. In the end, by default rather than design, Ofcom's predecessor bowed to the inevitable and introdced a licence and stadard for such equipment (CB/81).
It's evident that Ofcom allocates spectrum (stipulating the maximum RF power output) for a whole range of useful licence-exempt devices which are compliant with the Radio Equipment and Telecommunications Terminal Equipment (R&TTE) Regulations and CE requirements. However, in the case of the "Spitfire" device to which I referred, it is, in effect, a low power broadcast transmitter (which the supplier also bills it as for "community broadcast purposes as permitted by the FCC in the USA"), which - to quote the supplier again - "tunes the entire AM broadcast band (500 - 1800 kHz)". As such, even with its limited transmit power of 100mW, the user will be broadcasting music from, for example, an i-pod, to anyone within the reception range with a radio un the MW band. I apologise if I am stating the obvious, but this could presumably encompass at least several neighbouring properties, and the user could also re-transmit via the device, (at any frequency between 200 - 1800 kHz) broadcasts from legitimate FM/DAB stations received on FM/DAB and fed into the input of the device.
When you have had the opportunity to investigate this matter, I would appreciate your feedback.
Ofcom reply to some of my pointsI raised concerning enforcement:
David,
You ask the following questions:
1) If Ofcom became aware of a user of such equipment, what enforcement action - if any - would be likely? (Words of advice, confiscation of the equipment, a warning letter, court action?)
Our approach to enforcement of R&TTE and EMC is guided by the EU Commissions guidance, the Blue Book, and UK Government guidance (The use of apparatus is regulated by the Wireless Telegraphy Act 2006).
http://www.berr.gov.uk/whatwedo/bre/abou...44014.html
http://ec.europa.eu/enterprise/policies/...lue-guide/
http://www.berr.gov.uk/whatwedo/bre/index.html
http://www.cps.gov.uk/publications/docs/...nglish.pdf
2) Given that these devices are unlikely to cause interference – especially to the emergency services, air traffic control etc - is the proliferation and use of such devices something that Ofcom is content to “turn a blind eye to” and would rather not know about, bearing in mind that enforcement activity must be proportionate, necessary and prioritised, and this is surely towards the bottom on the list?
Ofcom adopts the following approach to enforcement:
· transparent
· accountable
· proportionate
· consistent
· targeted – only at cases where action is needed
We encounter many non-compliant devices on the market in the UK, we have to priorities our work so as to maximize the effectiveness of our team and offer the best level of protection of the radio spectrum. We find that there are some suppliers who are genuinely ignorant of the law and cooperate with us, we also encounter those who blatantly ignore the law and require firmer action.
3) These ingenious devices do fulfil a growing need by citizens, and though presently illegal, their use can hardly be described as anti-social. Do you consider that there is scope for Ofcom to take a lead in enabling these MW devices (with a limit of 100 milliwatts RF output) to become licence exempt within the EU?
It may be difficult to argue that apparatus to be used in connection with the restoration of thermionic valve wireless receivers is a ‘growing need’. As I have previously suggested, I feel that there are adequate provisions for the use of an inductive type of device that would meet an existing Harmonised Standard and would also be exempt from licensing, this would adequately fulfil this niche market requirement. And, as such, there is probably not a sufficiently persuasive argument to introduce a new Harmonised Standard and licensing regime.
5) When you say that it’s unlawful to place such devices on the market in the UK, would that still apply if the supplier were to state “Not licensable by Ofcom in the UK”? At least that way, the customer would be buying with their eyes open.
It is extremely difficult to comment on hypothetical questions, however the legislation is quite explicit, details can be found on our website.
http://www.ofcom.org.uk/radiocomms/ifi/t...q/#content
End quote.
In the end, the Ofcom guy rang me one Friday night, working late at the office, to have a chat about it. I think he wanted to clear his 'pending tray' and it was a cry from the heart to say ' look - if you leave me alone, I'll leave you alone'. So I did.
The bottom line is that though Ofcom have taken enforcement against at least one UK firm that sells the 'Spitfire', and another UK kit supplier states that it will not accept orders from UK customers for low power transmitter kits, Ofcom has never received a complaint about home-brewed 'pantry transmitters' or commercially made micro-transmitters such as the Spitfire, so despite it being illegal to transmit with them, it's hardly likely to find it's way into court. Not a sensible use of public money.
Quote:
I raise the query for two reasons - firstly, I am a licensed radio amateur, so have more than a passing interest in licensing matters, and secondly, I restore vintage valve radios of the 1930s - 50s era, which of course receive only AM signals, generally on the MW/LW bands, but often SW too. Many radio restorers like to use the radios which they've put back into working order, but AM receivers can't of course receive FM or DAB signals. However, the "micro-transmitter" to which I referred (and I believe that there are others too), overcome this problem, so have a great deal of appeal.
I am aware from comments on internet forums that quite a lot of people have bought these devices, perhaps unwittingly believing that because they comply with FCC regulations, then they ought surely to be OK for use in the UK? Some may think they're lawful - others may suspect that they're not, so may consider it a case of "don't ask - don't tell".
With the demise of FM broadcasting on the horizon - (I think 2016 has been mooted) - the appeal of these devices can, I think, only increase. This is rather like the situation that developed in the late 1970s when illegal unlicensable CB equipment was imported into the UK and sold and used here, creating havoc, not least to the legally licensed R/C model control fraternity. In the end, by default rather than design, Ofcom's predecessor bowed to the inevitable and introdced a licence and stadard for such equipment (CB/81).
It's evident that Ofcom allocates spectrum (stipulating the maximum RF power output) for a whole range of useful licence-exempt devices which are compliant with the Radio Equipment and Telecommunications Terminal Equipment (R&TTE) Regulations and CE requirements. However, in the case of the "Spitfire" device to which I referred, it is, in effect, a low power broadcast transmitter (which the supplier also bills it as for "community broadcast purposes as permitted by the FCC in the USA"), which - to quote the supplier again - "tunes the entire AM broadcast band (500 - 1800 kHz)". As such, even with its limited transmit power of 100mW, the user will be broadcasting music from, for example, an i-pod, to anyone within the reception range with a radio un the MW band. I apologise if I am stating the obvious, but this could presumably encompass at least several neighbouring properties, and the user could also re-transmit via the device, (at any frequency between 200 - 1800 kHz) broadcasts from legitimate FM/DAB stations received on FM/DAB and fed into the input of the device.
When you have had the opportunity to investigate this matter, I would appreciate your feedback.
Ofcom reply to some of my pointsI raised concerning enforcement:
David,
You ask the following questions:
1) If Ofcom became aware of a user of such equipment, what enforcement action - if any - would be likely? (Words of advice, confiscation of the equipment, a warning letter, court action?)
Our approach to enforcement of R&TTE and EMC is guided by the EU Commissions guidance, the Blue Book, and UK Government guidance (The use of apparatus is regulated by the Wireless Telegraphy Act 2006).
http://www.berr.gov.uk/whatwedo/bre/abou...44014.html
http://ec.europa.eu/enterprise/policies/...lue-guide/
http://www.berr.gov.uk/whatwedo/bre/index.html
http://www.cps.gov.uk/publications/docs/...nglish.pdf
2) Given that these devices are unlikely to cause interference – especially to the emergency services, air traffic control etc - is the proliferation and use of such devices something that Ofcom is content to “turn a blind eye to” and would rather not know about, bearing in mind that enforcement activity must be proportionate, necessary and prioritised, and this is surely towards the bottom on the list?
Ofcom adopts the following approach to enforcement:
· transparent
· accountable
· proportionate
· consistent
· targeted – only at cases where action is needed
We encounter many non-compliant devices on the market in the UK, we have to priorities our work so as to maximize the effectiveness of our team and offer the best level of protection of the radio spectrum. We find that there are some suppliers who are genuinely ignorant of the law and cooperate with us, we also encounter those who blatantly ignore the law and require firmer action.
3) These ingenious devices do fulfil a growing need by citizens, and though presently illegal, their use can hardly be described as anti-social. Do you consider that there is scope for Ofcom to take a lead in enabling these MW devices (with a limit of 100 milliwatts RF output) to become licence exempt within the EU?
It may be difficult to argue that apparatus to be used in connection with the restoration of thermionic valve wireless receivers is a ‘growing need’. As I have previously suggested, I feel that there are adequate provisions for the use of an inductive type of device that would meet an existing Harmonised Standard and would also be exempt from licensing, this would adequately fulfil this niche market requirement. And, as such, there is probably not a sufficiently persuasive argument to introduce a new Harmonised Standard and licensing regime.
5) When you say that it’s unlawful to place such devices on the market in the UK, would that still apply if the supplier were to state “Not licensable by Ofcom in the UK”? At least that way, the customer would be buying with their eyes open.
It is extremely difficult to comment on hypothetical questions, however the legislation is quite explicit, details can be found on our website.
http://www.ofcom.org.uk/radiocomms/ifi/t...q/#content
End quote.
In the end, the Ofcom guy rang me one Friday night, working late at the office, to have a chat about it. I think he wanted to clear his 'pending tray' and it was a cry from the heart to say ' look - if you leave me alone, I'll leave you alone'. So I did.
The bottom line is that though Ofcom have taken enforcement against at least one UK firm that sells the 'Spitfire', and another UK kit supplier states that it will not accept orders from UK customers for low power transmitter kits, Ofcom has never received a complaint about home-brewed 'pantry transmitters' or commercially made micro-transmitters such as the Spitfire, so despite it being illegal to transmit with them, it's hardly likely to find it's way into court. Not a sensible use of public money.