FM Modulator’s illegal in the UK

3GGG

Illegal devices

Under the WT Act, it is an offence to use and install apparatus that does not comply with the R&TTE Regulations 2000, SI 2000 No. 730 and the relevant UK Radio InterfaceRequirement (unless it was type-approved before 8 April 2000).

It is also an offence to possess or have in your control such a device with intent to use it, or knowing that another person is likely to use it, contrary to the WT Act.

The maximum penalty for each of these offences is a £5,000 fine and/or six months' imprisonment on summary conviction, or an unlimited fine and/or two years' imprisonment on conviction on indictment. The Courts may also order you to forfeit any wireless telegraphy apparatus or any other apparatus, vehicle, vessel or aircraft.

So now you know.

_________________
David

NickE

iPod gadget ruled illegal

The ruling given that short-range FM transmitters are not allowed in the UK presumably affects mounts such as the Arkon that re-transmit PDA sound to car radios etc.

Anyone know anything more of this or fallen foul of it?

Dave

I was just reading this on theregister.co.uk. I've had a sneaky suspicion that FM modulator's have been illegal in the UK for some time after I purchased my 1st FM modulator about 5 years ago, and couldn't purchase another for about two years until Arkon came on the scene.

Technically you are broadcasting over a license slot on the FM band, and if you don't have a license to do so, then this is considered illegal and you could be porosecuted for it. However (big but), the majority of the FM Modulator's only transmit around 6-12 feet, so the chance of interfering with someone elses car stereo even when driving along is fairly remote.

Are they illegal to use, I guess I'll have to answer Yes to this now we've seen the PDF from the RA. Would you be prosecuted, or would a case stand up in court when found you were transmitting all of 6ft ? Probably it would be dismissed.

Dave

From The Register

"The new iTrip iPod add-on is illegal in the UK, British distributor A M Micro has said.

The iTrip connects to an iPod and transmits songs by FM radio to any radio receiver in the vicinity. While its operation in the US is permitted by the Federal Communications Commission, over here the device contravenes the UK Wireless Telegraphy Act of 1949.

Unlike the 2.4GHz band in which 802.11b Wi-Fi operates, or 802.11a's 5HGz band, for example, the 87.7-107.9MHz band used by the iTrip is not licence-exempt spectrum, according to the WTA. As such broadcasters hoping to use that part of the spectrum need the permission of the UK's Radio Agency.

The rules state that UK broadcasters have unique access to the frequencies they have licensed, and that, say the RA, means the iTrip can't transmit on frequencies already taken in the FM band. A M Micro can't license a section of the band and dedicate it to iTrip users because all the available FM frequencies have already been licensed."

So, what does this mean to the GPS users ? Effectively any FM Modulator is illegal to use in the UK if it broadcasts over licensed space in the spectrum. Although most FM Modulator's only transmit 6ft to 12ft, and probably wouldn't interfere with other radio users, it still is illegal. Like with most things it's not breaking the law to sell them, but breaking the law to use them. Use at your own risk!

The full link to the RA document regarding FM modulation is available here

DavidW

I was aware all along that FM modulators that radiate are illegal - but took a deliberate decision not to say anything so that I wasn't drawing anyone's attention to their use amongst PocketGPS readers.

I have something of a background in radio - I hold a UK Full Class A Amateur Radio Licence (G0WZA), and before my deteriorating health took this from me, I was an accredited instructor for the old Novice Amateur Radio course, also I was a Civilian Instructor in radio for the Air Training Corps.

There are quite a few oddities in UK radio law. It is likely that use of clocks that receive signals from MSF (Rugby) or DCF77 (in Germany) is technically illegal for the general public - as, unless it has changed recently, there is not a general licence for reception of standard frequency services! I hold such a licence (the terms and conditions of my amateur licence specifically permit to me to receive the Standard Frequency Service) - so the MSF clock sat next to me is certainly legal!

In the UK it isn't legal even to receive a radio signal unless you are specifically authorised to do so, or a general licence exists permitting you to do so (such as exists for broadcast radio). That technically makes listening to civilian airband (or marine VHF) illegal unless you hold an appropriate licence - which is invariably one that allows you to transmit on those frequencies as well.

Radar detectors were an interesting case! Originally they were judged illegal receivers and were banned. However, it was eventually decided in court that, as UK law requires reception of 'information' from the signal for them to be illegal, and all the detectors do is indicate the presence of a carrier (that a radar transmission is present), they were legal.

So far as GPS goes, I'm not sure precisely which rules cover the L1 signal in Europe and the UK. The UK allocation tables list the band as:

1 559 – 1 610 MHz

AERONAUTICAL RADIONAVIGATION

RADIONAVIGATION – SATELLITE (space-to-Earth) (space-to-space)

I suspect that there is a general licence allowing the reception of radionavigation services in this band.

The notion of 'licence exempt' is not wholly valid in the UK. There are bands where it is permissible to use type approved equipment without further formality or the obtaining of a specific licence. As Dave says, this applies both to the 2.4GHz band used for Bluetooth and 802.11b, and, as far as I can tell, since February 2003, the 5GHz band used for 802.11a. Other examples are 27MHz model radio control equipment and 433.62MHz Low Power Devices (such as the remote control locking equipment used on many cars).

You may technically be breaking the law if you use wireless equipment from abroad that doesn't have valid European type approval. For example, an imported US 802.11b base station or card may be illegal to operate in Europe, unless your particular example is of a design approved for use in Europe, carries the correct markings and is being operated with the right configuration to operate within ETSI specifications.

It is also illegal to operate home built or non type-approved transmitters - with just one exception (I'll ignore commercial test and development licences - they really don't apply to individuals). Holders of Intermediate or Full Amateur Radio Licences are the only individuals allowed to self-build and maintain equipment that operates on the amateur bands.

So far as transmitters go, the UK (and European) rules are, in general, much tougher than in some other jurisdictions - particularly the United States. Over there, I believe it's quite legal to use a FM modulator that radiates in free space there and that it is sometimes possible to establish your own low power FM broadcast station with minimal formality (such things are, in this country, quite illegal).

Some of you may remember the FM modulators sold to fit to the back of your car radio for early in-car CD players. Arguably those devices are legal as they do not supposedly radiate in free space (they fit in the antenna lead to the radio).

The type of FM modulator available from the likes of Seidio radiates. As Dave's quote says, there is no way you can licence such devices in the UK and, I suspect, in most of Europe - they are outright banned in the UK for sure. The rules on Band II FM (the broadcast band) are strict to assist in the prosecution of pirate radio stations.

Personally, I wouldn't dare use such a device, but I have more to lose than most. If I am convicted under the Wireless Telegraphy Act 1949 (as amended), my amateur licence will almost certainly be revoked.

The chance of detection of use of an FM modulator is probably very low - but reports of interference to broadcast services are taken fairly seriously by the Radiocommunications Agency.

As Dave says, sale of such devices is not illegal - this is true of most unlicensable transmitters available in the UK. For reference, it's not just FM modulators - cordless phones from abroad, many types of videosenders and FRS radios from North America (including such things as Garmin Rinos) are all typically unlicensable and are therefore illegal to use in the UK. Any 900MHz equipment from North America is particularly stupid to attempt to use - it operates right in the middle of what is, in Europe, the GSM900 band (used by Vodafone and O2 in the UK).

As a final comment, use of Citizen's Band in the UK requires a licence. There is a consultation paper out to remove the fee from July 2004 (and eventually to abolish the UK-only 40 channels), but, at present, all CB operation requires a CB licence - even if you already hold an Amateur or other radio licence.

I hope this helps. It's a complex area. On the whole, the RA are quite amenable to questions from the public, though their web site is a little chaotic.

David

(Disclaimer: This is just my interpretation of the Wireless Telegraphy Act 1949 and related rules. I am not a lawyer - follow my advice at your own risk).

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