Reference: 1-279268745
3 March 2015
Mr A Haines
Information Requests
By email to:
Secretariat
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxxxxxxx.xxxxxxxx@xxxxx.xxx.xx
Freedom of Information request
Dear Mr Haines
Thank you for your request for information about pirate radio in Bristol and the West of
England. Your request was received on 8 February 2015.
You asked:
“I would kindly request the following information regarding unlicensed pirate radio stations
broadcasting in the Bristol and West of England areas from January 2013 until January 2015
under the freedom of information act.”
We are responding on the basis that you require up-to-date information for the area covered
in our response to the FOI request ref no: 1-225995145
(https://www.whatdotheyknow.com/request/pirate_radio_ enforcement_action#incoming-
363257). We have therefore covered Bristol and the counties of Gloucestershire, Somerset,
Dorset, Wiltshire, Devon and Cornwall. If this assumption is incorrect, kindly let us know.
1.
How many prosecutions against individuals have taken place between the specified
dates?
One.
2.
Out of the number of persons identified, how many have had multiple prosecutions?
None.
3.
Please list the names of all the unlicensed broadcast stations you know of and the
number of times enforcement action has been carried against each of them, including
where no action was taken (e.g the radio station left the air of it's own accord before
any action could be taken) clearly showing the method of enforcement used (ie: studio
raid, main transmitter removal, mobile telephones disconnected, website domain name
blocking etc).
Three operations have been conducted against an illegal broadcast station operating on
100.6 in Taunton.; one in 2013 and two in 2014.
Section 44 of the Act prevents organisations releasing information if another Act has said
that it shouldn’t, such as the Communications Act 2003, or the Wireless Telegraphy Act
2006.
For further information on Section 44 of the Act, please see:
http://www.legislation.gov.uk/ukpga/2000/36/section/44.
This information is being withheld under Section 44 of the Act, in line with Section 38 (2) (c)
(i)of the Wireless Telegraphy Act 2006. That is because releasing details about the stations,
such as names or frequencies, could be seen to be facilitating their day-to-day operations.
Any enforcement action that may or may not have been taken against pirate radio broadcast
stations is being withheld under Section 31 of the Act. The release of this information to the
general public may prejudice Ofcom’s ability to perform its ongoing regulatory functions, with
the following purposes:
(a) the purpose of ascertaining whether any person has failed to comply with the law,
(b) the purpose of ascertaining whether any person is responsible for any conduct which is
improper,
(c) the purpose of ascertaining whether circumstances which would justify regulatory action
in pursuance of any enactment exist or may arise,
For information on Section 31 of the Act, please see:
http://www.legislation.gov.uk/ukpga/2000/36/section/31It is likely that other exemptions will
apply.
4. How many enforcement visits have been as a result from information supplied from
members of the public or licence paying broadcasters.
None.
5. Please supply a breakdown of costs for each case of enforcement action carried out.
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This information is not held. Please give details of any complaints or allegations made
against Ofcom's staff in the enforcement section.
- We can neither confirm nor deny whether we hold the information you requested, as to
provide such information would fall under the exemption in section 40 of the Freedom of
Information Act 2000. This exemption protects personal information from being released to
the public and removes the need to confirm or deny that information is held. Further
information on Section 40 can be found here:
http://www.legislation.gov.uk/ukpga/2000/36/section/40
6.Out of the unlicensed broadcast stations identified, if any have not had enforcement action
against them please supply information as to why it hasn't taken place.
None
7. How many reports of interference to safety of life services or aviation have been reported
in Bristol and West of England 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?
None.
8. How many reports of interference to safety of life services or aviation have been reported
in Bristol and West of England between the dates stated above, if any please state which
authority reported it and if the interference was proven to be atributed to pirate radio?
None.
I hope this has been helpful, but if you have any further questions, please do let us know. It is
possible to contact us directly, via our email address:
xxxxxxxxxxx.xxxxxxxx@xxxxx.xxx.xx
Please quote the reference number above in any future correspondence about this request,
as this will help us to deal with your query more quickly.
Yours sincerely
Information Requests
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