18-07-2011, 08:00 AM
(This post was last modified: 26-10-2011, 06:56 PM by Mark Hennessy.)
Since Ofcom's stated ethos is to only make regulatory impositions that are both necessary and proportionate, I was in correspodence for some time with their enforcement department about the possibilty of legalising low power MW trasmitters of up to 100mW for use with AM radios, to enable inputs from FM, DAB, MP3 players, whatever. I contrasted Ofcom's stance on these being illegal to use in the UK, as compared to paranoid America, where the FCC (Ofcoms' equivalant) permits such devices, and even allows them to be used for short range 'community broadcasts' without a licence. I cited the 'Spitfire' as one such device, which complies fully with FCC regulations and hence, is legal in the USA, and is highly regarded in the UK, yet is illegal and unlicensable anywhere in Europe. In the unlikely event of anyone being found by Ofcom to be using such a device or anything similar, be it commercially produced or home-brew or from a kit, that is a criminal offence contrary to the WT Act.
If you look at the UK website of the frim that features and sells the 'Spitfire', you will note that the supplier seeks to absolve itself from criminal liability by putting the onus on the user giving an undertaking to not use the device in the UK or elswhere in Europe, and that purchasers only intend to carry out experiments with it in a fully screened container. (From a legal perspective, I'd say that the supplier is skating on thin ice, but I doubt that Ofcom would have this high on their agenda). Another UK kit supplier states that any orders on its website for its MW micro transmitter kits from UK customers will be routinely cancelled.
Unfortunately, Ofcom is bound by the EU Directive on this issue.
We know that many devices such as FM micro-transmitters and other low power transmitting devices such as car remote keys, garage door openers, baby alarms are legal and licence free on allocated fequencies. Few will understand why a similar allocation could not be made on MW, which has lots of empty spce, but the lack of commercial pressure and no effective lobbying body means that such an allocation is unlikely.
Meanwhile, if they are so minded, people will continue to purchase or home-brew such devices, and Ofcom will continue to adopt that quaint 'three wise monkeys' policy adopted by the USA military on the proclivities of certain members of its armed forces - 'don't ask - don't tell' and Ofcom will keep on not minding.
What's the risk of detection?
Slightly less than zero.
Let's say that you are using an illegal MW AM micro-transmitter 'broadcasting' music from say an i-pod, DAB or FM radio or whatever, to a vintage MW radio receiver within your home. And let's say that a neighbour tunes an AM receiver (if they have one, and are disposed to using it on MW), and they happen across music being continuously played on what they believe to be a 'station' but with no announcements. If the music is to their taste, they may keep on listening - if not, they'll tune off the frequency.
About the last thing they'd do is to report it to Ofcom, who in turn, would be most unlikely to commit scarce enforcement resources to such a matter, when they have major problems in urban conurbations with illegal pirate radio stations.
Short anwer?
Keep on not minding - Ofcom won't, but as always the motto is 'ride at your own risk'!
David
If you look at the UK website of the frim that features and sells the 'Spitfire', you will note that the supplier seeks to absolve itself from criminal liability by putting the onus on the user giving an undertaking to not use the device in the UK or elswhere in Europe, and that purchasers only intend to carry out experiments with it in a fully screened container. (From a legal perspective, I'd say that the supplier is skating on thin ice, but I doubt that Ofcom would have this high on their agenda). Another UK kit supplier states that any orders on its website for its MW micro transmitter kits from UK customers will be routinely cancelled.
Unfortunately, Ofcom is bound by the EU Directive on this issue.
We know that many devices such as FM micro-transmitters and other low power transmitting devices such as car remote keys, garage door openers, baby alarms are legal and licence free on allocated fequencies. Few will understand why a similar allocation could not be made on MW, which has lots of empty spce, but the lack of commercial pressure and no effective lobbying body means that such an allocation is unlikely.
Meanwhile, if they are so minded, people will continue to purchase or home-brew such devices, and Ofcom will continue to adopt that quaint 'three wise monkeys' policy adopted by the USA military on the proclivities of certain members of its armed forces - 'don't ask - don't tell' and Ofcom will keep on not minding.
What's the risk of detection?
Slightly less than zero.
Let's say that you are using an illegal MW AM micro-transmitter 'broadcasting' music from say an i-pod, DAB or FM radio or whatever, to a vintage MW radio receiver within your home. And let's say that a neighbour tunes an AM receiver (if they have one, and are disposed to using it on MW), and they happen across music being continuously played on what they believe to be a 'station' but with no announcements. If the music is to their taste, they may keep on listening - if not, they'll tune off the frequency.
About the last thing they'd do is to report it to Ofcom, who in turn, would be most unlikely to commit scarce enforcement resources to such a matter, when they have major problems in urban conurbations with illegal pirate radio stations.
Short anwer?
Keep on not minding - Ofcom won't, but as always the motto is 'ride at your own risk'!
David
