FM radio pirate convicted for broadcasting classic rock

An investigation carried out by the Australian Communications and Media Authority (ACMA) has lead to the prosecution of a Victorian man for broadcasting rock music via a pirate FM radio station.

The man was broadcasting Australian classic rock over the101.3 MHz band frequency, à la Radio Hauraki, in the Portland area of Victoria in March this year. He pleaded guilty at the Portland Magistrates’ Court on June 16 to one count of unlicensed operation and four counts of unlawful possession of radiocommunications devices. He was fined an undisclosed sum under the Radiocommunications Act 1992 and had his radio equipment confiscated and destroyed.

Mark Loney, Executive Manager of the ACMA’s Spectrum Operations and Services branch told TMN the establishment and operation of pirate radio stations is very unusual in Australia. 

"In the broadcasting services bands as well as across the rest of the radiofrequency spectrum, the vast majority of people who operate radiocommunications transmitters do so lawfully and in accordance with the planning, licensing and technical requirements established by the Australian Communications and Media Authority. There are hundreds of millions of radiocommunications devices in use in Australia but, on an annual basis, the number of complaints of interference received by the ACMA only numbers in the low hundreds. 

Loney also told TMN most interference is inadvertent rather than intentional and results from faulty equipment, installation or configuration issues – with licensees and equipment operators taking corrective action once they become aware of the issue. 

"In a very small number of cases, interference is caused deliberately or negligently. In these cases, the ACMA carefully considers the facts and circumstances of the case before deciding whether to prepare a brief of evidence for the Commonwealth Director of Public Prosecutions. As there is a very high level of compliance with the requirements of the Radiocommunications Act, the ACMA focusses its information, awareness and education activities around Priority Compliance Areas such as the illegal supply of mobile repeaters by unscrupulous overseas suppliers and LED globe compliance with electromagnetic compatibility requirements."

ACMA Chairman, Chris Chapman said in a statement: “The conviction reinforces the fact that disregard for radiocommunications licensing arrangements can have serious consequences – and should have a strong deterrent effect on anyone thinking of operating a pirate transmitter.”

Last year the media watchdog investigated a Sydney man over the unauthorised use of a Citizen Band (CB) radio. He was fined $3,000 in January and was ordered to forfeit his radio equipment. ACMA has told TMN that the case is still under investigation and that it couldn't make any further comment. ACMA did say the investigation was the only other inquiry into a pirate radio station carried out by the organisation this year.