Reference: 1-224227705
25 January 2013
By email
Eleanor Berg
Information Requests
Craig Andrews
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxxxxxxx.xxxxxxxx@xxxxx.xxx.xx
Dear Mr Andrews
Freedom of Information: Right to know request
Thank you for your request for information regarding illegal broadcasting in Suffolk and
Essex between January 2005 and January 2012 which we received on 27 December 2012
and have considered under the Freedom of Information Act 2000.
Please note the following information does not include information pre 2007. Information pre
2007 on il egal broadcasting is held on Ofcom’s archived system and is not readily
accessible as a considerable amount of time would be needed to locate, retrieve, identify
and extract any relevant information. Section 12 of the Act provides that a public authority is
not obliged to comply with a request for information if the authority estimates that the cost of
complying with the request would exceed the “appropriate limit”. The appropriate limit is set
out in the Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, and is, for Ofcom, £450. That sum is intended to cover the estimated
costs involved in determining whether Ofcom holds the information requested, identifying,
locating, retrieving and extracting the information from any document containing it. The
Regulations provide that costs are to be estimated at a rate of £25 per person per hour.
The Suffolk and Essex areas are defined as the following postcodes:
1. How many prosecutions against individuals have taken place between the specified
dates?
7
2. Out of the number of persons identified, how many have had multiple
prosecutions?
0
3. Please list the names of all the unlicensed broadcast stations the number of times
enforcement action has been carried against each of them, clearly showing the
method of enforcement used (i.e. studio raid, main transmitter removal, mobile
telephones disconnected, website domain name blocking etc).
Please find the information below:
2007
M
id
Ae
rial
Station
Freq
Location
TX
Studio
Total
Link
only
Charge FM
90.8
Southend on Sea
1
1
2
Cyndicut FM - Romford, Essex)
97.8
Romford
4
1
1
6
Mystery
106.7
Colchester
1
1
UK Obsession
89.6
Epping
1
1
2008
Mid
Aerial
Station
Freq
Location
TX
Studio
Total
Link
only
Cyndicut FM - Romford, Essex)
97.8
Romford
2
2
Dlight - Essex
97.0
Southend-on-Sea
2
2
Great Baddow
Flava - Essex
92.1
CM2 / Rochford
1
1
2
SS4
UK Obsession
89.6
Epping
1
1
Unidentified stations
Brentwood
1
1
2009
Mid
Aerial
Station
Freq
Location
TX
Studio
Total
Link
only
92.6 /
Southend-on-Sea
Klash FM
4
4
92.8
BC / Basildon
Mystery
106.7
Tendring DC
1
1
2
UK Obsession
89.6
Epping
4
4
Southend-on-Sea/
Unidentified stations
2
2
Colchester
2010
Mid
Aerial
Station
Freq
Location
TX
Studio
Total
Link
only
87.5 /
Desire FM - Southend-on-Sea
Southend-on-Sea
1
1
92.1
92.6 /
Southend-on-Sea
Klash FM
2
1
3
92.8
BC / Basildon DC
2011
Mid
Aerial
Station
Freq
Location
TX
Studio
Total
Link
only
92.6 /
Klash FM
Chelmsford BC
1
1
92.8
Never Say Die
94.3
Waltham Abbey
1
1
Unidentified stations
Southend-on-Sea
1
1
Vuit FM
97.0
Brentwood
2
2
2012
Mid
Aerial
Station
Freq
Location
TX
Studio
Total
Link
only
87.5 /
Desire FM - Southend-on-Sea
Southend-on-Sea
1
1
92.1
4. How many enforcement visits have been as a result from information supplied from
members of the public or licence paying broadcasters?
Reports and complaints from the public can determine the level of action that Ofcom takes.
However, we cannot easily attribute each single report to an enforcement operation, to
determine this would take considerable time. Section 12 of the Act applies.
5. Please supply a breakdown of costs for each case of enforcement action carried
out.
Section 12 of the Act applies. The information is not readily accessible as a considerable
amount of time would be needed to locate, retrieve, identify and extract any relevant
information.
6. Please give details of any complaints or allegations made against Ofcom's staff in
the enforcement section.
We can neither confirm nor deny that we hold information relating to this request in our
archives. The information is not readily accessible as a considerable amount of time would
be needed to locate, retrieve, identify and extract any relevant information. Section 12 of the
Act applies.
7. Out of the unlicensed broadcast stations identified, if any have not had
enforcement action against them please supply information to why it hasn't taken
place.
None.
8. How many reports of interference to safety of life services or aviation have been
reported in West Yorkshire between the dates stated above, if any please state which
authority reported it and if the interference was proven to be attributed to pirate
radio?
The reports below were proven to be attributed to illegal broadcast stations. Data pre-2008 is
not readily accessible as a considerable amount of time would be needed to locate, retrieve,
identify and extract any relevant information. Section 12 of the Act applies.
2008
0
2009
3
2010
0
2011
0
2012
0
I hope this information has been helpful. If you require any further information or would like
to talk through any issues regarding the information you have requested then please do not
hesitate to give me a ring. I will be more than happy to pass your details on to one of our
experts in this area.
Please ensure that when using the provided information in any way, you comply with all
relevant legislation. For example, the information provided may be protected by copyright
under the Copyright, Designs and Patents Act 1988 (as amended). If in doubt, please seek
independent legal advice. For Ofcom’s policy on copyright and related issues, please refer
t
o http://www.ofcom.org.uk/disclaimer.
Yours sincerely
Eleanor Berg
If you are unhappy with the response or level of service you have received in relation to your request from Ofcom, you may ask
for an internal review. If you ask us for an internal review of our decision, it will be treated as a formal complaint and will be
subject to an independent review within Ofcom. We will acknowledge the complaint and inform you of the date by which you
might expect to be told the outcome.
The following outcomes are possible:
• the original decision is upheld; or
• the original decision is reversed or modified.
Timing
If you wish to exercise your right to an internal review
you should contact us within two months of the date of this letter.
There is no statutory deadline for undertaking internal reviews and it will depend upon the complexity of the case. However, we
aim to conclude all such reviews within 20 working days, and up to 40 working days in exception cases. We will keep you
informed of the progress of any such review. If you wish to request an internal review, you should contact:
Graham Howell
The Secretary to the Corporation
Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
