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Is This Illegal?

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    John CurrieJohn Currie Posts: 2,015
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    DJPT wrote:

    Yes, I would think so as it uses the FM broadcast spectrum.
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    [Deleted User][Deleted User] Posts: 8,415
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    as it is in effect a transmitter then i suspect it is :eek:
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    chrisjrchrisjr Posts: 33,282
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    Couple of links you may be interested in.

    http://www.ofcom.org.uk/radiocomms/ifi/licensing/classes/rlans/technical/srd811/#content

    http://www.ofcom.org.uk/media/mofaq/rcomms/itrip/#content

    Basically these things are illegal to use. And as this company appears to be UK based they better hope Ofcom don't see their webpage, as it's also illegal to sell such kit in the UK according to the second link!
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    call100call100 Posts: 7,278
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    No it is not!!........ It's from an american site. But using it without a licence is.. :D
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    [Deleted User][Deleted User] Posts: 6,890
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    chrisjr wrote:
    And as this company appears to be UK based they better hope Ofcom don't see their webpage, as it's also illegal to sell such kit in the UK according to the second link!

    I disagree, surely the display of the product on their website is simply an invitation to treat?

    They certainly could refuse to supply the product if they believed it would lead to a breach (i.e. shipped to a location or to an individual who wasn't licensed to operate it).

    There is also nothing to suggest that (assuming they would even ship it to the UK) the equipment hasn't already been approved and is compliant in accordance with the regulation you posted a link to...
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    chrisjrchrisjr Posts: 33,282
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    mjk79 wrote:
    I disagree, surely the display of the product on their website is simply an invitation to treat?

    They certainly could refuse to supply the product if they believed it would lead to a breach (i.e. shipped to a location or to an individual who wasn't licensed to operate it).

    There is also nothing to suggest that (assuming they would even ship it to the UK) the equipment hasn't already been approved and is compliant in accordance with the regulation you posted a link to...
    I would have to say that reading question 3 in the second Ofcom link I posted above does seem to imply that there is NO equipment of this type currently on sale in the UK with the necessary approval. Obviously there is approved equipment available for licensed broadcasters but as far as I can see from this webpage this is NOT the market this item is intended for.

    True it appears the blurb is lifted from the PDF brochure they link to which is fairly obviously American in origin, where these things are legally usable. But would it not be unreasonable to expect a warning that the item might be illegal to use in some countries (which to be fair the PDF brochure does warn about - but how many I wonder would bother to read it?)

    And without going as far as parting with actual money, (taking the order process to just before the point of payment), they don't seem too concerned that they are selling this item to a customer who cannot legally use it. No warnings that it is illegal for them to supply it to a UK customer nor that it is illegal for me to use it in the UK. OK if I had gone to the entering of Credit Card details and clicked BUY I may have got a warning, but a bit late then I think.

    To call100. I may be mistaken but when a company gives an address in Croydon, a UK phone number and describes itself as being formed by a bunch of engineers involved in English radio I naturally assume it must be UK based. However I am willing to be proven wrong :)
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    OrbitalzoneOrbitalzone Posts: 12,627
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    Is it me or is this essentially a PCI card that is just a radio transmitter? - from the quick read of the description it sounds like an expensive way to buy and use an illegal FM transmitter.... it doesn't even seem to route the audio signals internally or digitally from the PC!! (it says it has 2 audio inputs) I assume the fact it's in the PC is almost irrelevant?

    Surely you could just as easily (and much more cheaply) use a FM transmitter and connect the audio output from your pc into it.... either way they're not licenced for use in the UK.

    Also I don't think a UK retailer is breaking any law selling these 'illegal to use' devices.... it's using it that is against the law, not selling it.

    A bit like selling a knife is fine, sticking the knife in a person and killing them is not legal. ;)

    OK, a drastic example. lol
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    call100call100 Posts: 7,278
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    chrisjr
    You are right. didn't go into contact page. However sarcasm does not become you. ;)
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    Dr.PhloxDr.Phlox Posts: 2,651
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    However, it's 0.1w - that's tiny and hardly likely to knock Radio 4 off the air (unless the signal gets amplified afterward......)

    Orbitalzone, the PC is to configure and control it. The input comes from your standard mixing desk.

    DP
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    OrbitalzoneOrbitalzone Posts: 12,627
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    Dr.Phlox wrote:

    Orbitalzone, the PC is to configure and control it. The input comes from your standard mixing desk.

    DP


    oh ok.. I didn't read the description fully and missed that bit.

    Still seems like an eleborate way to get an FM transmitter to play audio on any radio.......


    Still, no worse than that Coffee Making Computer I suppose!
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    chrisjrchrisjr Posts: 33,282
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    Also I don't think a UK retailer is breaking any law selling these 'illegal to use' devices.... it's using it that is against the law, not selling it.
    The second Ofcom link I posted asks in Question 3 "Are they legal to sell" to which the answer is no! The dealer faces a five grand fine, 3 months in prison and confiscation of their stock.

    There are also links on the Ofcom site which show a list of prosecutions they have made. I read in one of these (I think from memory it was the 2002/3 year) there was at least one dealer listed as being fined for selling this type of equipment.
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    OrbitalzoneOrbitalzone Posts: 12,627
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    chrisjr wrote:
    The second Ofcom link I posted asks in Question 3 "Are they legal to sell" to which the answer is no! The dealer faces a five grand fine, 3 months in prison and confiscation of their stock.

    There are also links on the Ofcom site which show a list of prosecutions they have made. I read in one of these (I think from memory it was the 2002/3 year) there was at least one dealer listed as being fined for selling this type of equipment.


    ah well I didn't bother to read that lot I must confess... they've obviously changed the law since I last looked hehehe...

    I never could see how it was legal to sell but not use... but I am going back to the early 1990's when I last played about with one, I mean my friend. :)
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    [Deleted User][Deleted User] Posts: 859
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    I'm not a lawyer, but the OFCOM stuff is all about the making sure that this stuff is compliant with various technical specs. As nearly all of it won't be it is therefore illegal. However buying a professional transmitter which does meet all the standards shouldn't be illegal, except if you use it. I await a lawyer to show me where I'm wrong, as I may well be.
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    chrisjrchrisjr Posts: 33,282
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    Jimmie wrote:
    I'm not a lawyer, but the OFCOM stuff is all about the making sure that this stuff is compliant with various technical specs. As nearly all of it won't be it is therefore illegal. However buying a professional transmitter which does meet all the standards shouldn't be illegal, except if you use it. I await a lawyer to show me where I'm wrong, as I may well be.
    You are quite right. As long as the equipment has been approved by the various regulators it is perfectly legal to sell it. For example everything on this webpage is perfectly legal. As I know from personal experience of using their kit on a low power special licence some years ago.

    But if you don't have a licence to operate it then it is all just some very expensive door stops! :)

    The difference between the stuff sold by SBS and the iTrip type of kit is that these low power devices haven't gone through the necessary regulatory process to make their use legal, at least in the EU.
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    KnobTwiddlerKnobTwiddler Posts: 1,925
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    From Ofcom
    Devices transmitting in the broadcast band have the potential to cause interference to people trying to listen to licensed stations, even when transmitting at low power. For example, a short range FM transmitter in a car could cause interference to those listening to broadcasts nearby.

    This kind of BS from Ofcom really gets my back up when you consider that Ofcom do sod all about the pirates in London. You only have to live here in London to hear the interference that bloody pirate stations cause to legal stations, and most pirates are using at least 100watts from some tower block.

    I really can't see why Ofcom can't allocate a single fixed frequency say 87.9 for these low power devices. When it comes to the power output of these devices, you really don't need more than 25mw to cover a house and so long as the device has some kind of bandpass filter, then is should not cause any interference at all.

    As the lowest frequency used in the UK (apart from RSL's on 87.7) is 88.1, then even mobile use on 87.9 should cause minimal interference.
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