Wireless Telegraphy Act 2006
What this means for your business
- Applies to
- United Kingdom
- On this page
- 39 compliance obligations, 3 practical guides across 2 topics
What you must do
39 compliance obligations under this legislation — 12 can result in imprisonment.
Management duties 1
Comply with OFCOM confirmation decision and pay any penalty
If OFCOM notifies you that you have breached a condition of your wireless licence and, after you’ve had a chance to respond, issues a confirmation decision, you must act on the decision straight away and pay any fine they set. Failure to do so can lead to civil action by OFCOM, including injunctions and recovery of the penalty.
Notifications 1
Obtain OFCOM approval and notify before transferring spectrum licences
If your business holds a wireless telegraphy licence or recognised spectrum access and you want to sell, lease or otherwise transfer those rights, you must follow OFCOM’s rules. You need OFCOM’s consent (or meet any conditions they set), pay any required fees, notify OFCOM of the transfer and keep proper records. Any transfer made without this approval is void.
Other requirements 1
Comply with OFCOM licence conditions for wireless telegraphy
If your business holds a wireless telegraphy licence, you must follow every term, provision and limitation that OFCOM attaches to that licence. This can cover where and how you operate a station, what equipment you use, signal strength, prohibited content, required transmissions, wholesale roaming agreements and any duties to give information to OFCOM or suspend services when instructed.
Payments and fees 3
Comply with OFCOM confirmation decision and pay any penalty
If OFCOM notifies you that you have breached a wireless‑telegraphy requirement, you can make representations. Once that period ends, OFCOM may issue a confirmation decision. You must follow any actions it sets out and pay any fine within the time it specifies, otherwise OFCOM can enforce the decision through civil proceedings.
Comply with OFCOM confirmation decision and pay any penalty
If OFCOM sends you a confirmation decision after you have been notified of a breach under section 32C, you must do what the decision requires – for example, fix the breach and pay the penalty – within the time‑frame set out in that decision. Failure to do so can lead to civil enforcement actions by OFCOM.
Pay OFCOM fees for recognised spectrum access
If your business is granted recognised spectrum access (a radio licence) you must pay the fees that OFCOM sets. The payment is due when the licence is granted and at any later dates that OFCOM regulations require, such as when the licence is modified or renewed. OFCOM may also ask for a security deposit to cover these fees.
Offences and prohibitions 29
Assault, obstruct or refuse an enforcement officer
If anyone assaults an Ofcom or IPO enforcement officer (or their assistant) while they are carrying out their powers, intentionally obstructs them, or refuses to follow a specific requirement they give you under section 89(4)(e) or (f), a criminal offence is committed. Conviction can lead to a fine and/or imprisonment, depending on the penalties set out in the Act.
Be liable for another’s wireless telegraphy offence
If a breach of the Wireless Telegraphy Act (for example, an illegal broadcast or advert) occurs because of something you did or failed to do, you can be prosecuted even if you are not the person who actually committed the breach. You will face the same penalties as the primary offender, which can include an unlimited fine and up to two years’ imprisonment. You may defend yourself by showing you took all reasonable steps and exercised due diligence, but you must give notice of the other party involved at least seven days before the hearing.
Breach wireless telegraphy regulations
Unlimited fineIf you or your business break any regulation made under section 45 of the Wireless Telegraphy Act – for example by operating a wireless telegraphy station or equipment in a prohibited way, or by allowing it to be used that way – you commit a criminal offence. On summary conviction you can be fined up to the unlimited level 5 standard‑scale fine (or up to £1,000 for certain receiving‑apparatus breaches). No custodial sentence is provided for these offences.
Broadcast from unauthorised marine structure
51 weeks imprisonmentIf you operate, help operate, or arrange a radio broadcast from a structure fixed to the seabed (for example an offshore platform) in UK tidal waters, external waters or a designated area, you are committing an offence. The prohibition does not apply to broadcasts made from ships or aircraft. A conviction can result in a fine and/or imprisonment, with the case possibly heard in a magistrates' court or Crown Court.
Continue using unlicensed wireless equipment after conviction
51 weeks imprisonmentIf your business is convicted of using a wireless telegraphy station or apparatus, or of failing to surrender a wireless licence, and you keep using the equipment or retain the licence afterwards, each day you continue the breach is treated as a separate offence. This can lead to multiple convictions and additional penalties for every day the breach persists.
Deliberately interfere with wireless telegraphy
2 years imprisonmentIf you use any equipment with the purpose of disrupting wireless communications – for example radio, TV, mobile or satellite signals – you commit a criminal offence. The offence applies no matter what the equipment is or whether it is covered by other regulations. On conviction you could face an unlimited fine and up to two years’ imprisonment, with a lesser penalty possible in a magistrates’ court.
Disclose wireless telegraphy information without consent
2 years imprisonmentIf your business shares information that it has received under the Wireless Telegraphy Act without the consent of the business that originally holds that information, you commit a criminal offence unless one of the listed exemptions applies. Conviction can result in an unlimited fine and/or up to two years’ imprisonment. The case may be heard in either a magistrates' court or a Crown Court.
Facilitate unauthorised broadcasting
2 years imprisonmentIf you take part in running, financing, supplying equipment, providing services, creating content, advertising, or otherwise helping a broadcasting station that makes unauthorised broadcasts, you commit an offence. Conviction can lead to up to two years in prison and/or an unlimited fine. The offence can be tried in either the magistrates' court or the Crown Court, depending on how serious the case is.
Facilitate unauthorised broadcasting from ships or aircraft
2 years imprisonmentIf you provide a ship or aircraft, carry or supply wireless equipment, goods, materials or crew for the purpose of making broadcasts that breach the Wireless Telegraphy Act (or are made from the high seas), you commit a criminal offence. This applies whether you directly arrange the broadcast or simply supply the means, knowing the broadcast will take place. Conviction can lead to a fine and/or imprisonment, with the exact penalties set elsewhere in the Act.
Fail to surrender expired or revoked wireless licence
Fine up to £1,000If your business holds a wireless telegraphy licence that has expired or has been revoked, you must return it to Ofcom when they ask you to. Failing to do so – without a reasonable excuse – is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000.
Fail to surrender wireless telegraphy authority when required
Fine up to £1,000If your business holds a wireless telegraphy licence that has ended or been suspended, and the Secretary of State asks you to return it, you must do so. Failing to surrender the authority without a reasonable excuse is a criminal offence. On conviction in the magistrates' court you can be fined up to £1,000.
Give false information on vehicle licence for wireless equipment
Fine up to £1,000When you apply for a vehicle licence and are asked to declare any wireless telegraphy equipment fitted to the vehicle, you must provide accurate details. Supplying a statement you know is false, or are reckless about its truth, in a material point is an offence. On conviction in the magistrates' court you face a fine of up to £1,000.
Intentionally obstruct an officer exercising seizure powers
Unlimited fineIf you deliberately block or interfere with an Ofcom or the Information Commissioner’s Office officer who is trying to use the powers given to them under section 99(3) (for example, to seize equipment), you commit a criminal offence. On conviction you will be fined up to the unlimited level (level 5 on the standard scale). No prison term is prescribed for this offence.
Intercept or disclose wireless messages without authority
Unlimited fineIf you use any wireless telegraphy equipment (e.g., radios, mobile phones, Wi‑Fi, satellite links) to listen to or obtain the contents, sender or addressee of a message that you are not intended to receive, or if you share that information, you commit a criminal offence unless you have lawful authority. The offence applies to businesses as well as individuals. On conviction you face an unlimited fine, dealt with in the magistrates' court.
Make unauthorised broadcast from non‑British ship in prescribed high seas
Unlimited fineIf you own a ship, are the master of a ship, or operate the equipment used to broadcast from a ship that is not British‑registered and you broadcast from a prescribed high‑sea area – and that broadcast can be received in the UK or interferes with UK wireless telegraphy – you commit a criminal offence. The same applies if you arrange for someone else to make such a broadcast. Conviction can lead to an unlimited fine and, in serious cases, imprisonment.
Make wireless equipment available for unauthorised use
2 years imprisonmentIf your business possesses or controls wireless telegraphy equipment (such as radio transmitters) and you intend to use it illegally, or you know someone else intends to use it illegally, you commit an offence. The offence can be tried either in a magistrates' court or Crown Court, and a conviction can result in an unlimited fine and up to two years' imprisonment.
Obstruct or fail to assist a wireless inspector
Unlimited fineIf you intentionally block or hinder an Ofcom or IPO officer who is carrying out powers under section 59 (for example, refusing them entry to your premises or not providing assistance they are law‑required to receive), you commit a criminal offence. The offence is dealt with in the magistrates' court and can lead to an unlimited fine. No custodial sentence is provided, but the fine can be unlimited.
Obstruct or refuse to assist wireless telegraphy inspectors
Unlimited fineIf you deliberately block a person (such as an Ofcom or IPO officer) who is exercising powers under section 97 of the Wireless Telegraphy Act, or you refuse to give them assistance you are legally required to give, you commit a criminal offence. Conviction in a magistrates’ court can result in an unlimited fine. There is no prison sentence for this offence.
Operate illegal broadcast equipment from high seas
If you (or a company you control) run, or help run, equipment that makes a broadcast from a ship, aircraft, marine structure or any other object out on the high seas, you are committing an offence. The same applies if you arrange for someone else to make such a broadcast. Conviction can lead to a fine and, in more serious cases, imprisonment, with enforcement by Ofcom or the IPO.
Participate in management of unlawful broadcasting station
If you take part in the management, financing, operation or day‑to‑day running of a broadcasting station that breaches the specific broadcasting rules in sections 77, 78, 79 or 80 of the Wireless Telegraphy Act, you commit a criminal offence. A conviction can lead to a fine (potentially unlimited) and/or imprisonment, so businesses that run or fund broadcast services must ensure they comply with those sections.
Permit unlawful broadcasting from your premises
2 years imprisonmentIf you own, occupy, or control a building, vehicle, ship, aircraft or any other place and you knowingly allow it to be used for illegal radio or TV broadcasts – or you suspect it is being used that way and fail to stop it – you commit a criminal offence. A conviction can result in up to two years’ imprisonment and/or an unlimited fine. The case can be tried in either a magistrates’ court or the Crown Court.
Procure overseas breach of UK wireless telegraphy rules
Unlimited fineIf you, in the United Kingdom, arrange or encourage someone abroad to do something that would be illegal under the Wireless Telegraphy Act if it were carried out in the UK, you commit an offence. This can affect any business that commissions overseas broadcasting, transmission or similar wireless activities. A conviction can result in an unlimited fine and possibly a term of imprisonment.
Send false safety‑critical wireless messages
2 years imprisonmentIf you or your business send a wireless message that you know is false or misleading and that could affect a safety‑of‑life service or endanger a person, ship, aircraft or vehicle, you commit a criminal offence. This includes messages that falsely claim a ship or aircraft is in distress (or not). On conviction you face an unlimited fine and up to two years’ imprisonment (or a shorter term if tried summarily).
Supply, create or advertise material for an unlawful broadcast
Unlimited fineIf your business supplies a film, sound recording, literary, dramatic, musical or artistic work, participates in, advertises or publishes details of a broadcast that is illegal under the Wireless Telegraphy Act, you commit a criminal offence. Conviction can lead to an unlimited fine and, in the Crown Court, a term of imprisonment.
Supply or advertise prohibited wireless apparatus
Unlimited fineIf your business supplies, offers to supply, or advertises wireless equipment that breaches an order made under section 72 or fails to meet a requirement of an order made under section 73, you commit an offence. On conviction you face a summary‑court fine of up to level 5 on the standard scale (effectively unlimited). No prison term is prescribed.
Unauthorised broadcast from ship or aircraft
Unlimited fineIf a ship or aircraft under your control makes a radio broadcast while in UK waters (or, for a British‑registered vessel, outside UK waters) you, the owner, the master/commander, the operator of the equipment, or anyone who arranges the broadcast commits a criminal offence. The same applies if you cause or procure such a broadcast. Conviction can lead to an unlimited fine and possibly imprisonment, and the case can be tried in either the Magistrates' Court or the Crown Court.
Use equipment in breach of an OFCOM notice
3 months imprisonmentIf you use or allow the use of wireless equipment while you know an OFCOM notice (under section 55) is in force, and that use goes against the terms of the notice, you commit an offence. The same applies if you contravene a notice issued under section 56. On conviction you face a fine – up to an unlimited amount for the most serious cases – and in Scotland or Northern Ireland you could also be sentenced to up to three months’ imprisonment.
Use or install unauthorised wireless telegraphy equipment
2 years imprisonmentIf your business sets up, uses or installs any wireless telegraphy station or apparatus (including transmitters or receivers) without the proper licence, you commit a criminal offence. The penalty depends on what you were doing – broadcasting can lead to up to two years’ imprisonment and an unlimited fine, simply receiving equipment can attract a fine up to £1,000, and other unauthorised uses can bring up to 51 weeks’ imprisonment and an unlimited fine. In Scotland and Northern Ireland the custodial limits are reduced (six months).
Use or possess unauthorised wireless equipment
Unlimited fineIf you have radio or other wireless apparatus that you are not authorised to use, or you breach any conditions that OFCOM has attached to a licence, you commit a criminal offence. The offence also covers taking the specific actions listed in section 62(3) while the equipment is unauthorised. On conviction in the magistrates’ court you face an unlimited fine.
Reporting and filing 4
Provide gross revenue information to OFCOM on request
If OFCOM asks you for details of your gross revenue after you have received a notification under the Wireless Telegraphy Act, you must give them the information they need. The request will come in a formal notice and will set out how and when you must supply the data. Failure to comply can lead to enforcement action.
Provide information to OFCOM when requested
If your business uses radio equipment (or holds information that OFCOM needs about the radio spectrum), you must give that information when OFCOM asks. OFCOM will tell you exactly what to provide and how quickly you must supply it. Not complying could breach the Wireless Telegraphy Act.
Provide statistical information to OFCOM on request
2 years imprisonmentIf your business uses, installs or has installed any wireless telegraphy equipment, OFCOM can ask you for details about it for statistical purposes. You must give the information in the way and time they specify.
Submit claim to OFCOM within one month of seizure notice
If OFCOM seizes any wireless equipment you own, they must send you a notice. You have to send OFCOM a written claim within one month saying the equipment should not be forfeited, and include your name and address (or a UK solicitor’s details if you are abroad). Failing to do so means the equipment will automatically be treated as forfeited.
Penalties for non-compliance
31 penalties under this legislation. 12 can result in imprisonment. 23 carry an unlimited fine.
Facilitate unauthorised broadcasting from structures
Unlimited fine and/or 51 weeks imprisonment
Continue using unlicensed wireless equipment after conviction
Unlimited fine and/or 51 weeks imprisonment
Deliberately interfere with wireless telegraphy
Unlimited fine and/or 2 years imprisonment
Disclose wireless telegraphy information without consent
Unlimited fine and/or 2 years imprisonment
Facilitate unauthorised broadcasting
Unlimited fine and/or 2 years imprisonment
Facilitate unauthorised broadcasting from ships or aircraft
Unlimited fine and/or 2 years imprisonment
Make wireless equipment available for unauthorised use
Unlimited fine and/or 2 years imprisonment
Permit unlawful broadcasting from your premises
Unlimited fine and/or 2 years imprisonment
Send false safety‑critical wireless messages
Unlimited fine and/or 2 years imprisonment
Use equipment in breach of an OFCOM notice
Unlimited fine and/or 3 months imprisonment
Use or install unauthorised wireless telegraphy equipment
Unlimited fine and/or 2 years imprisonment
Fail to provide or give false information to Ofcom
Unlimited fine and/or 2 years imprisonment
Breach wireless telegraphy regulations
Unlimited fine
Intentionally obstruct an officer exercising seizure powers
Unlimited fine
Intercept or disclose wireless messages without authority
Unlimited fine
Make unauthorised broadcast from non‑British ship in prescribed high seas
Unlimited fine
Obstruct or fail to assist a wireless inspector
Unlimited fine
Obstruct or refuse to assist wireless telegraphy inspectors
Unlimited fine
Procure overseas breach of UK wireless telegraphy rules
Unlimited fine
Supply, create or advertise material for an unlawful broadcast
Unlimited fine
Supply or advertise prohibited wireless apparatus
Unlimited fine
Unauthorised broadcast from ship or aircraft
Unlimited fine
Use or possess unauthorised wireless equipment
Unlimited fine
Fail to surrender expired or revoked wireless licence
Fine up to £1,000
Fail to surrender wireless telegraphy authority when required
Fine up to £1,000
Give false information on vehicle licence for wireless equipment
Fine up to £1,000
Assault, obstruct or refuse an enforcement officer
Penalty applies
Be liable for another’s wireless telegraphy offence
Penalty applies
Broadcast from unauthorised marine structure
Penalty applies
Operate illegal broadcast equipment from high seas
Penalty applies
Participate in management of unlawful broadcasting station
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
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Sections and provisions
161 classified provisions from this legislation.
Duties 20
- s.2 United Kingdom Plan for Frequency Authorisation OFCOM
- s.3 Duties of OFCOM when carrying out functions
- s.7 Special duty in relation to television multiplexes
- s.8A Review of long licences
- s.8C Consultation before grant of exclusive licence
- s.9 Terms, provisions and limitations
- s.20 Effect of grant of recognised spectrum access
- s.21 Charges for grant of recognised spectrum access
- s.29 Limitations on authorised spectrum use OFCOM
- s.30 Spectrum trading
- s.32 Statistical information
- s.32E Enforcement of notification under section 32C person
- s.32A Information required for purposes of radio spectrum functions other person who appears
- s.34 Statement of policy
- s.53I Requirement to provide information about gross revenue
- s.53M Enforcement of notification under section 53K person
- s.53G Enforcement of notification under section 53E person
- s.53C Register of providers of dynamic spectrum access services
- s.101 Detention and disposal of property other person
- Schedule 6 Seizure and forfeiture of restricted apparatus class or description
Offences and penalties 40
- s.11 Surrender of licence
- s.32D Penalties for contravention of information requirements
- s.33 Failure to provide information etc
- s.35 Unauthorised use etc of wireless telegraphy station or apparatus
- s.36 Keeping available for unauthorised use
- s.37 Allowing premises to be used for unlawful broadcasting
- s.38 Facilitating unauthorised broadcasting
- s.46 Offences
- s.47 Misleading messages
- s.48 Interception and disclosure of messages
- s.51 Apparatus in vehicles
- s.53F Penalties under section 53E
- s.53L Penalties under section 53K
- s.53 Surrender of authority
- s.58 Contravening notice under section 55 or 56
- s.60 Obstruction and failure to assist
- s.66 Offences
- s.68 Deliberate interference
- s.74 Offences
- s.75 Default of third person
- ... and 20 more offences and penalties
Powers 45
- s.1 General functions
- Schedule 4 Fixed penalties
- s.5 Directions of Secretary of State
- s.9A Notice to satellite uplinkers
- s.12 Charges for grant of licence
- s.13 Matters taken into account
- s.14 Bidding for licences
- s.22 Matters taken into account
- s.23 Bidding for grants
- s.27 Conversion into and from wireless telegraphy licences
- s.28 Payments by the Crown
- s.31 Wireless telegraphy register
- s.32C Notification of contravention of information requirements
- s.39 Contravention of terms, etc
- s.42 Special procedure for contraventions by holders of wireless telegraphy licences
- s.43 Amount of penalty under section 42
- s.45 Regulations
- s.50 Apparatus on foreign-registered ships etc
- s.52 Wireless personnel
- s.53D Fees for registration etc
- ... and 25 more powers
Definitions 18
- s.17 Sections 12 to 16: interpretation
- s.18 Grant of recognised spectrum access
- s.26 Sections 21 to 25: interpretation
- s.44 Relevant amount of gross revenue
- s.53A Registration of providers of dynamic spectrum access services dynamic spectrum access service
- s.53H Meaning of “relevant amount of gross revenue”
- s.57 Appeal against notice under section 55 or 56 etc
- s.61 Sections 54 to 60: interpretation
- s.67 Restriction orders: interpretation restriction order
- s.71 The relevant authority the relevant authority
- s.76 Part 4: interpretation relevant apparatus
- s.88 Enforcement officers armed forces
- s.94 Saving for certain broadcasts
- s.95 Part 5: interpretation British-registered broadcast external waters
- s.112 Service of documents
- s.113 Documents in electronic form
- s.115 General interpretation grant of recognised spectrum access OFCOM receiving apparatus
- s.117 “Wireless telegraphy apparatus” and “wireless telegraphy station” wireless telegraphy apparatus
Exemptions 12
- Schedule 1 Procedure for wireless telegraphy licences
- s.6 Procedure for directions
- s.8B Restriction on grant of exclusive licence
- s.8 Licences and exemptions
- s.9ZA Restrictions on imposition of limitations etc under section 9
- s.9ZB Review of pre-26 May 2011 limitations etc.
- s.30A General duty of OFCOM to allow leasing or transfer
- s.41 Procedure for prosecutions
- s.91 Exercise of powers
- s.105 Offences relating to ships or aircraft
- s.121 Orders and regulations made by Secretary of State
- s.122 Orders and regulations made by OFCOM