Fleetcomm in court

[scanking1]

John Kelly, a Director of Fleetcomm Mobile Networks Ltd of Rawcliffe Bridge, East Riding, Yorkshire, was given a two-year conditional discharge and ordered to pay costs of £1,015 by Leamington Spa Magistrates Court on 22 August 2013, having failed to pay a £100 fixed penalty notice.


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FULL DETAILS BELOW



13 September 2013



Ofcom urges business radio users to renew licences



Failing to acquire a licence could result in a fine and even a criminal conviction



Ofcom today urged users of business radio – which can include taxi firms, shop watch networks and haulage companies – to renew their Radio Spectrum Licences or face the prospect of having to pay a fixed penalty of £100 or even a criminal conviction.



The £100 fixed penalty notices were introduced last year to encourage licence holders to ensure they hold valid licences at all times and prevent interference to the radio spectrum.



Ofcom licences the use of the airwaves to ensure its optimum use. However, a small minority of people ignore the law and continue to use spectrum illegally.



Ofcom takes firm action to deal with people who commit criminal offences related to radio spectrum. If people fail to pay a fixed penalty, Ofcom will consider criminal prosecution, which may have serious consequences such as a substantial fine and/or imprisonment if convicted.



The fixed penalty notices that Ofcom issues operate in a similar way to ones issued for parking offences. They are sent to alleged offenders by post, who then have one month to pay and avoid prosecution. The notices also encourage lapsed licence holders to renew their licences at the earliest opportunity.



Operating radio systems without a licence can cause harmful interference to legitimate businesses and services. Ofcom monitors the airwaves to identify potential unlicensed use and carries out inspections of businesses to ensure that they are operating within their licence conditions.



In the first six months of 2013, Ofcom has issued five fixed penalty notices, two formal cautions and initiated two prosecutions for unlawful use of radio spectrum.



Further action against illegal spectrum users



John Kelly, a Director of Fleetcomm Mobile Networks Ltd of Rawcliffe Bridge, East Riding, Yorkshire, was given a two-year conditional discharge and ordered to pay costs of £1,015 by Leamington Spa Magistrates Court on 22 August 2013, having failed to pay a £100 fixed penalty notice.



This is the second case where Ofcom offered to resolve a case by way of fixed penalty and the penalty was not paid. In both cases, the courts ordered the people involved to pay more than £1,000 in costs.



The fixed penalties collected are paid into HM Treasury’s consolidated fund via the HM Courts & Tribunals Service.



Mark Walls, Director of Spectrum Engineering & Enforcement at Ofcom said: “Fixed Penalty Notices are part of a range of sanctions which enable Ofcom to keep the airwaves free from interference. People intent on operating radio systems illegally should be aware that we are actively seeking out unlicensed use and the potential consequences may be serious for those involved in this criminal activity.”



ENDS



NOTES FOR EDITORS



1. Spectrum users can find details of how to renew their licence here: http://licensing.ofcom.org.uk/



2. There are increasing demands on radio spectrum capacity as the number of users grows. Currently there are over 42,000 licences, covering a range of business radio such as taxi firms and haulage companies. Annual licences currently cost £145 on average.



3. Under section 3 of the Communications Act 2003, Ofcom has a duty to further the interests of citizens and consumers in relation to communications matters and are required to secure the optimal use for wireless telegraphy of the electro-magnetic spectrum. Ofcom also has duties under section 3 of the Wireless Telegraphy Act 2006 to have regard to the extent to which the radio spectrum is available for use and to the efficient management and use of the radio spectrum.



4. Ofcom’s powers to issue fixed penalty notices are set out in Schedule 4 of the Wireless Telegraphy Act 2006 and in Regulations made by the Secretary of State under that Schedule. The Wireless Telegraphy (Fixed Penalty) Regulations 2011 came into force on 1 October 2011. They set out the various offences for which a fixed penalty notice may be issued, and the amount payable under such notices. Ofcom may issue fixed penalties for most summary offences under the Wireless Telegraphy Act 2006, including those committed by business radio users.



5. Ofcom is the independent regulator and competition authority for the UK communications industries, with responsibilities across television, radio, telecommunications, wireless communications and postal services.



6. For further information about Ofcom please visit: http://www.ofcom.org.uk/. Ofcom’s news releases can be found at: http://media.ofcom.org.uk/

[TRON]

The fixed penalty notices that Ofcom issues operate in a similar way to ones issued for parking offences. They are sent to alleged offenders by post, who then have one month to pay and avoid prosecution. The notices also encourage lapsed licence holders to renew their licences at the earliest opportunity.

They are sent to alleged offenders by post

alleged offenders

ALLEGED

Typical of "the system" to simply send someone a "bill" through the post and expect them to cough up without due process.

If someone is breaking the law, its a fair cop, but I resent this attitude from "the system" which seems to view us all as nothing more than a source of revenue.

If I was a busy businessman, and had forgotten to renew, and as a result had a £100 "bill" drop on my doorstep, I'd simply instruct my employees to cease using the radio's and ignore the "bill". When summoned to court, I'd ask the ofcom rep (who I'd call as a witness) whether or not I am legally OBLIGED to use two way radio's (the answer will be no).
I'd then ask whether I am legally OBLIGED to hold a licence for equipment no longer in use.

Like I said, when people bend the rules, they have to expect to get their finger burnt, but "the system" needs to get it into its thick skull, that in THIS country, you are innocent until PROVEN guilty.

That is all...

[kr0ne]

Presumably, like a parking ticket, the letter also explains the avenues open to contest the fine though...?

[phillmobile]

i got the snotty letter and had actually already paid it just was not on there system 3 days latter i got a email saying they had found the payment, so by the looks of it if some one lets a licence lap and stops using there radios they are going to get this 100 quid letter, nice.