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Thursday, 21 January 2021

Urgent Need for A New 'Low Power Occasional FM' License from the BAI

 




A new Wireless Telegraphy Act was legislated in Ireland in 1988 and it delegated responsibility to the Broadcasting Authority of Ireland[1] to implement the law and licence independent radio stations in Ireland. Initially the franchises for a national commercial station and local radio were awarded and this was followed by regional, community, institutional and temporary licensed stations.

 

The passing of the new laws was aimed at eliminating the proliferation of pirate radio that dominated the airwaves from the late 1970’s throughout the 1980’s until December 31st 1988. The issue today is that with changes in technologies, listener habits and the importance of radio within communities, the 1988 laws need to be amended and a new form of license created, the Low Power & Occasional FM license.

 

According to the BAI website,

‘The BAI can award temporary sound broadcasting contracts for a period of up to 30 days in a 12 month period, (“a regular temporary service”). In addition, the BAI can award a temporary sound broadcasting contract to an applicant group that is representative of, and accountable to a community in a particular area, or a community of interest in an area for a period of up to 100 days in a 12 month period, (“a pilot community temporary service”).’

 

Regular temporary sound broadcasting contracts of up to 30 days are typically awarded to educational and / or student groups, and other groups for special event purposes, for example festivals, drive-in movies and other small area services. The BAI awards approximately 25 such licences per year.[2]

 

The list of licensed stations for October 2020


The 30 day limitation has become one problematic issue in 2020 for the legislation. The arrival of the Covid19 pandemic has increased the use of radio as a form of communication for communities. The increasing use by the Catholic Church of unlicensed and therefore illegal FM transmitters has become an issue not just for the BAI but for ComReg, the spectrum regulator. With parish churches closed to parishioners, Mass has been celebrated on FM especially in rural communities.

 

The authorities had implemented a WPAS license scheme on a CB band for churches but this has become outdated and difficult to maintain. As of December 2020, there were at least 100 churches broadcasting Mass daily on FM. (See Church Pirate Radio ), this form of broadcast would require a specific licence to broadcast far in excess of the current 30 day limit.

 

The application process also needs to be simplified to take into account of the number of parishes requiring licenses and that those operating the Church FM channel change frequently as priests are transferred from parish to parish or elevated within the church. Ireland is in a unique position with the dominance of one religion and its use of the FM band. The Church are not alone using the FM spectrum (87.5mhz – 108mhz) by utilizing unlicensed transmitters.

 

The BAI website does allow for applications for special event broadcasts such as drive in cinemas but in December 2020 with cinemas and theatres closed a number of the seasonal pantomimes were conducted as drive ins using an FM transmitter to provide the in-car sound but these too did not have a license from the BAI to broadcast and were therefore illegal. (see Pantomime Pirate Broadcasts)

 

A number of festivals in Ireland in 2019 operated a low powered local station for the three/four days duration of the festival but in all but two cases, no license was applied for or granted. One festival organiser cited the expense and the complicated requirements of the BAI application form with regards to ownership and funding. The cost of a licence application is approximately €750.

 

There are a number of other countries who allow temporary licensed stations. In the United Kingdom they are known as Short Restricted Service Licenses (SRSL’s). The OFCOM website issues the following specifications.

How long are the licences for?

Up to 28 days – broadcasting for either consecutive days, or non-consecutive days, within a 28-day period

Are there any other things to be aware of when we apply?

There are full details in the guidance notes, but you should particularly be aware that: These are issued on a first-come, first-served basis. So, if we receive more than one application in the same area, we would consider the application we received first.

How much do they cost?

£400 application fee Licence fees depend on if you’d be using FM or AM, the power you’d be using, and how many days you are on air. If you’d be using FM at a power level of up to 1W, the licence fees are £35 a day for the length of your licence. If you’d be using FM at a power level of above 1W, the licence fees are £70 a day for the length of your licence. If you’d be using AM at a power level of up to 1W, the licence fees are £25 a day for the length of your licence.

What type of service might they be used for?

These might be used if you’re planning a one-off event, like showing drive-in movies over a weekend or several days within a 28-day period.

For churches there is a further type of license is available from Ofcom,

How long are the licences for?

Up to 28 days – but for non-consecutive days over a period not exceeding 12 months.

Are there any other things to be aware of when we apply?

There are full details in the guidance notes, but you should particularly be aware that: These are issued on a first-come, first-served basis. So, if we receive more than one application in the same area, we would consider the application we received first. If you apply for a power level of above 300mW, these can only be considered if there has been no SRSL activity nearby in the past three years.

How much do they cost?

£400 application fee Licence fees depend on if you’d be using FM or AM and the length of your licence. If your broadcast period is between 29 and 140 days and you’d be on FM, the total licence fees are £1,700. If above 140 days on FM they’re £2,250. If your broadcast period is between 29 and 140 days and you’d be on AM, the total licence fees are £1,095. If above 140 days on AM they’re £1,670.

 

What type of service might they be used for?

These might be used if you’re planning a regular broadcast on a few days a week over a longer period than a month, like a regular drive-in church service every Sunday.

 

Meanwhile the Australian Communications and Media Authority also issues special event licenses[3],

Definition of a special event

To broadcast with an open narrowcast licence, the special event must:

  • last no longer than 30 days
  • be significant for cultural, sporting or other community reasons.
  • have one or more specific organisers.

Examples of special events are:

  • the Australian Formula 1 Grand Prix
  • Olympic Games or Commonwealth Games
  • cultural events such as horticultural or flower shows.
  • artistic exhibitions 

Who can apply?

We only issue one special event licence for each event. To apply, you need to be:

  • the event organiser 
  • a peak body

You will need to share air-time if:

  • we receive more than one application for an event.
  • applicants disagree about who the main body is.

In this situation, we will ask you to:

  • discuss and agree the shared air-time arrangement 7 weeks before the event. 
  • give us this agreement no less than 3 weeks before the event. 

If you cannot agree, we will consult with you and allocate licences equally. 

How to apply

To apply for a transmitter licence for a special event: 

A special event licence may include one or two days before the event for testing.

If we approve your application, you need to pay a transmitter licence tax.

You may allow other people to operate a transmitter under your licence. If you do, you must write to them to confirm the agreement. You must give us details of the agreement if we ask.

What we consider

When we issue a licence, we balance:

  • the needs of the public in the long term
  • an immediate and high-level demand at the event

If your requested frequency is not available for the special event, we will try and find an alternative frequency. You can only use this:

  • for the exact special event purpose 
  • the exact location of the event

 

For the FM transmitters that equates from € 270 to € 26 per license.

 

In the United States the FCC licenses low power FM stations.

‘The Low Power FM (LPFM) radio service was created by the Commission in January 2000.  LPFM stations are authorized for non-commercial educational broadcasting only (no commercial operation) and operate with an effective radiated power (ERP) of 100 watts (0.1 kilowatts) or less, with maximum facilities of 100 watts ERP at 30 meters (100 feet) antenna height above average terrain (HAAT).  The approximate service range of a 100 watt LPFM station is 5.6 kilometres (3.5 miles radius).  LPFM stations are not protected from interference that may be received from other classes of FM stations.  A construction permit is required before an LPFM station can be constructed or operated.  The mere filing of an LPFM application does not authorize any construction or operation.’

This is the FCC list of the LPFM licenses in New York alone and the relevant body or group operating the licenses.

 

Q:  What type of costs are involved?

sort byA:  There is no application filing fee and no fee for the LPFM construction permit.  However, there are construction and operating costs associated with an LPFM radio station.  The costs can vary widely depending on the type and quality of studio and broadcasting equipment used, as well as whether a tower is required.  For an idea of how much equipment costs, NTIA’s Radio Station Construction Costs may help, but keep in mind that these figures are several years out of date.  We recommend that you do not purchase any equipment until after the applicant obtains a construction permit, to avoid purchasing equipment that cannot be used.[4]


PROPOSAL

An FCC style system of licensing would suit the occasional broadcasters in Ireland including churches, drive in entertainment and local festivals with some modifications. The Low Power Occasional FM license could be as follows,

A Low Power FM transmitter license would cover broadcasts with a radius of 3 miles in city environments, 5 miles in urban areas, 10 miles in rural areas. Broadcasts would be restricted to a maximum of three hours per day. This license would be suitable for church broadcasts. 

Cost per annum €150.00, if there are no requirements for the payments to PPI or IMRO. An additional one off payment of €250.00 would cover legal and set up fees.

The licensee must show that the premises is compliant with local authority planning regulations. The licensee understands that their broadcasts are subject to compliance with the Broadcasting Complaints Commission.

The Low Power Occasional FM License will cover broadcasts with a radius of 3 miles in city environments, 5 miles in urban areas, 10 miles in rural areas. Broadcasts would be restricted to 5 days in one calendar month. This would suit drive-in entertainment venues and annual festivals. These stations would be allowed 7.5 minutes advertising or product placement per hour. The fee would be €40.00 per day or part thereof of broadcasting up to a maximum of twelve hours per day. Festival stations would be required to specify the length of their on air activities.

The BAI would set up a dedicated mobile service or easily transported set up that could be rented for the duration of any event. This would include all or part of a radio station, studio, transmitter equipment and aerial plus the allocation of frequencies.

This does not take into account any planning permissions required for the addition of a radio station or changes to any group or organisations insurance company terms and conditions.

 

This new form of license would regulate a current disorganised spectrum and provide ComReg with a framework of policing the airwaves. At present ComReg only apply their expertise and enforcement on pirate radio transmitters that are broadcasting music and have ignored the growing number of illegal transmitters broadcasting across Ireland daily. 


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[1] Originally known as the Irish Radio and Television Commission (IRTC) and later the Broadcasting Commission of Ireland (BCI)

[2] https://www.bai.ie/en/broadcasting/licensing-2/radio/

[3] https://www.acma.gov.au/licence-broadcast-special-events

[4] https://transition.fcc.gov/fcc-bin/fmq?state=NY&serv=FL&vac=&list=1

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