Requirements for shore stations using VHF

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OK, let me be a little more specific.

Our local 'ecotourism' (fast rib wildlife chasing) company has issued the following mysterious statement at a community council meeting and on our local forum for public consumption:

(Although this is a public statement, all names and locations except Stronoway and Oban have been redacted as a courtesy)

(Company name) - Statement VHF Radio (Community) CC meeting March 2015.

Many will be aware that despite the request by (Company name) to keep our (local planning application) focussed on planning issues the objectors reported (Company name) to numerous council departments and government agencies. One of those government agencies was Ofcom, the regulator for radio communications which includes marine radio use. An inspector visited us at (Company base). The enforcement officer acknowledged that by listening in to Channel 16 the (Company name) Ticket Office and (Company name) accommodation houses had alerted and summoned staff to man boats in order to assist others at sea. This occurred on 5 separate occasions in the past 2 seasons. The most poignant local case being that of (local tragedy). Our office summoned (boat skipper) and our crew from their respective houses, a boat was launched and despite being given incorrect directions by Stornoway Coastguard it arrived first on scene approximately 20 minutes ahead of Oban lifeboat.

The enforcement officer acknowledged that many remote communities have similar arrangements offering increased unofficial safety cover. As (Company name) had been reported to Ofcom, national protocols are to be followed. Neither location nor support to the local community can be considered.

At a financial cost equivalent to just 6 passengers, (Company name) now operates its radios on a private marine VHF channel. All communications are exclusive to (Company name). We seek support from (x) Community Council to inform the local boating community that the (Company name) bases will no longer be listening in to either Channel 16 or Channel 77. Channel 16 can be used to alert others in the area to boats experiencing difficulties, Channel 77 was used particularly by local leisure craft who left details of their intended day or to inform or update those ashore. Channel 77 also provided general communication cover for activities such as (local club) and local sea kayak operators.

(Company name) vessels will continue to listen to Channel 16 when at sea but our vessels spend the majority of their time away from (Company base), a recognised difficult corner on any sea passage. Our ticket office will no longer react to local incidents as it will be unaware of radio traffic. (Company name) has in the past (4 occasions in 2 years) quietly assisted Stornoway Coastguard preventing the launch of Oban Lifeboat.

Tourism is the lifeblood of (local area). Our local sea is the area’s greatest asset. The safety of both locals and visitors whilst at sea is important to us. Oban lifeboat is the recognised assistance at a response time of approximately 30 minutes. (Company name) accepts the actions of the objectors were correct to the letter of the law. The outcome has not affected (Company name) operational procedures but (Company name) management and skippers wish to make known that, in their opinion, the action taken by the objectors was not in the best interests of the local community.

So - my questions are:

~ is it illegal to monitor CH16 from a shore station ?

~ is it illegal to act on information received when monitoring CH16 ? (eg send your own boat to assist)?

~ is it illegal to transmit on C H16 from a shore station, even in an emergency ?


(My suspicion is that the answers are 'no', 'no' and 'yes' - but I ask the respected members for their input, or for any other thoughts on this rather garbled statement from (Company name)



- W
 
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So - my questions are:

~ is it illegal to monitor CH16 from a shore station ?

No - as long as the installed set is incapable of transmitting. If you wire up a boat radio, that is capable of transmitting, and is an illegal installation.

~ is it illegal to act on information received when monitoring CH16 ? (eg send your own boat to assist)?

Ch16 is a public broadcast channel - responding to a Mayday broadcast would be legal, provided your response is coordinated by an appropriate SAR authority.

~ is it illegal to transmit on C H16 from a shore station, even in an emergency ?

Yes. The exemption to radio licensing in an emergency applies to "correct" installations - i.e. on boats.


(My suspicion is that the answers are 'no', 'no' and 'yes' - but I ask the respected members for their input, or for any other thoughts on this rather garbled statement from (Company name)



- W
My comments in red Webbie.
 
~ is it illegal to monitor CH16 from a shore station ?

Depends on your license, but in most cases probably yes. I suspect that, before some busybody reported them to Ofcom, they didn't have a shore station license at all so technically everything they were doing on the radio was illegal, albeit useful. Sounds like they are now following the rules and so have been issued a "Coastal Station Radio (UK)" license which is nominally the appropriate one for what they do. This will be a completely private channel not available on a normal marine VHF, it's more akin to the business radios used by a taxi firm.

Legal, but far less helpful in the circumstances.

Almost all commercial shore stations will be licensed for only a single channel, which will not be ch16. So even if they'd got one of the other types of license that do use standard channels, they wouldn't be able to legally monitor 16, no.

~ is it illegal to act on information received when monitoring CH16 ? (eg send your own boat to assist)?

If the message wasn't intended for you, then yes. But distress messages are intended for everybody.

~ is it illegal to transmit on C H16 from a shore station, even in an emergency ?

Probably not, in an emergency. But yes otherwise, assuming you're not licensed for that channel.

Pete
 
~ is it illegal to monitor CH16 from a shore station ?

No - as long as the installed set is incapable of transmitting

Are you basing this on a licensed shore station (but not licensed for 16), or completely unlicensed use? Because in the latter case I'm fairly sure you're wrong, albeit nobody would care very much if it wasn't being stirred up by some local feud.

In the former case I'm not sure as I've never seen the terms of a shore station license (Ofcom don't seem to publish them), but it seems odd to me to restrict transmission to one channel (or a handful) but allow reception on any.

Pete
 
Ch16 is a public broadcast channel - responding to a Mayday broadcast would be legal, provided your response is coordinated by an appropriate SAR authority.

What law makes an independent response to a Mayday broadcast illegal? That's a physical response, like sending help, not a radio response.
 
What law makes an independent response to a Mayday broadcast illegal? That's a physical response, like sending help, not a radio response.

I didn't want to distract the thread by raising that point, but I agree. A coordinated response might be advisable, but I can't see that it's legally mandatory. In effect you'd be saying that it's illegal to help somebody unless the Coastguard say that you may.

Pete
 
I didn't want to distract the thread by raising that point, but I agree. A coordinated response might be advisable, but I can't see that it's legally mandatory. In effect you'd be saying that it's illegal to help somebody unless the Coastguard say that you may.

Well exactly. If I hear on the radio that some poor sod is sinking a mile from my mooring, would I be breaking the law if I went off my own bat to help? What if we were 30 miles out at sea and out of range of CG VHF aerials? "Sorry, chum, I heard you but I daren't help you without the go-ahead from the coastguard. Any last words?"

Back on topic, I asked the people at Crinan Boats about this a couple of years ago, and they said that their shore licence allows them to transmit on one channel (37, I think) only.
 
I didn't want to distract the thread by raising that point, but I agree. A coordinated response might be advisable, but I can't see that it's legally mandatory. In effect you'd be saying that it's illegal to help somebody unless the Coastguard say that you may.

Pete

Sorry, phrased badly on my part. Yes, of course it's legal to respond, BUT - if a mayday has been put out and answered by the CG, they have coordination and Seelonce applies to other vessels. If you are assisting, your radio messages must start with "mayday" and should be directed to the coordinating station.
 
Are you basing this on a licensed shore station (but not licensed for 16), or completely unlicensed use? Because in the latter case I'm fairly sure you're wrong, albeit nobody would care very much if it wasn't being stirred up by some local feud.

In the former case I'm not sure as I've never seen the terms of a shore station license (Ofcom don't seem to publish them), but it seems odd to me to restrict transmission to one channel (or a handful) but allow reception on any.

Pete

It isn't illegal to monitor Ch16 from, say, a scanner - as technically it is a public broadcast channel. Acting on it is a different matter though.

An Ofcome shore station licence names specific channels, and the letter of the licence is that the installed set should not be capable of tx or rx on anything else. It's a technicality that is more observed in the breach though.
 
Sorry, phrased badly on my part. Yes, of course it's legal to respond ...

It isn't illegal to monitor Ch16 from, say, a scanner - as technically it is a public broadcast channel. Acting on it is a different matter though. ...

OK, now I'm confused again. In what circumstances would it be illegal to act on what I heard in a distress message, and under what law? I had thought that under SOLAS it was illegal for me NOT to act, if I could.
 
OK, now I'm confused again. In what circumstances would it be illegal to act on what I heard in a distress message, and under what law? I had thought that under SOLAS it was illegal for me NOT to act, if I could.

We were talking about receiving the message on shore. If you read the back of your radio licence that will tell you all about it.
 
Tell them to pretend they are in the West Indies where you can book a restaurant, complain to your charter base or get your laundry picked up using ch16!

(and get rescued)
 
I don't believe it's illegal to monitor any available frequency wherever you are. Anyone can get a broadbanded comms receiver or a scanner or build a crystal set or whatever. Lookup SDR!!!
The legal responsibilities are what you do with the information you have received, and really amount to 'do nothing, do not disclose'. However, I would not hesitate to break the rules in an emergency, but I know how to do it in a responsible way.
As to having a transmitter in the 'wrong' place - again it's the act of transmitting that is the crime. As a radio amateur, I've got a shack full of potentially illegal stuff but I know the limitations of the licences I hold and adhere to them. Theoretically I could and would relay on marine channel zero from my house overlooking the Clyde if I firmly believed circumstances demanded or was requested.
To get back to Nick's question, I went through the process of maritime shore licences a few years ago on behalf of the boat club I belong to and came to the conclusion it wan't worth it for a single channel. I would have doctored (limited) an old set if the allocation had been free though!
 
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I don't believe it's illegal to monitor any available frequency wherever you are. Anyone can get a broadbanded comms receiver or a scanner or build a crystal set or whatever. Lookup SDR!!!

You can believe what you like, but whether it's technically possible is completely irrelevant to the question of whether it's legal.

This is what Ofcom have to say:

Although it is not illegal to sell, buy or own
a scanning or other receiver in the UK, it
must only be used to listen to transmissions
meant for GENERAL RECEPTION. The
services that you can listen to include
Amateur and Citizens’ Band transmissions,
licensed broadcast radio and weather and
navigation broadcasts.
It is an offence to listen to any other
radio services unless you are authorised
by a designated person to do so.

[...]

This means that it is illegal to listen to
anything other than general reception
transmissions unless you are either a
licensed user of the frequencies in question
or have been specifically authorised to do so
by a designated person.

[...]

Q. Am I breaking the law by owning a scanner?
A. No, but it is illegal to use one to listen to frequencies
other than general reception transmissions or those
parts of the radio spectrum which your transmitting
licence, if you have one, allows you to use.
You could be prosecuted for this.
[...]
Q. Isn't it all right to listen as long as I don't pass
on what I hear?
A. No, using radio equipment to listen in, except as
provided by section 5(1)(b) of the WT Act, is an
offence, regardless of whether the information is
passed on.
http://www.ofcom.org.uk/static/archive/ra/publication/ra_info/ra169r7.pdf

Pete
 
Thanks Pete, I stand corrected. Having read only my licences,I understand now that I can listen to the channels I'm licenced for which takes us back to the original question as we are all (presumably) licenced for the marine bands.

Ofcom does lots of good things for us, but I think they're on a difficult wicket stopping people from listening.

People and organisations that don't want to be eavesdropped can get permission to encode transmissions, we can't (licence conditions).
I find this discussion a bit difficult - it's like being told we can only breath the air on one side of the road. With the advent of SDR the spectrum available to the average man in the shed is huge - and there is no warning about illegal eavesdropping included with devices such as the Funcube dongle which is intended for school use. Any successful prosecutions so far?

Please forgive me - I'm now going off on one... here's a nice snip:
#
If you wish to listen to international shortwave broadcasts from other countries, Ofcom will refuse to deal with your complaint. In their eyes, you have no rights to receive broadcasts which originate outside of the United Kingdom. Article 19 of the United Nation's Universal Declaration of Human Rights states:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. #

I intend to stop now, but I'm still reading OFCOM stuff so I may be back before my edit time expires. If I miss that deadline, I'll go quietly.
maybe

Is the inability to receive broadcast stations, whether internal or external to the UK, a breach of your human rights?
 
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