Energy FM & Suffolk/Essex Pirates - Feb 2013

Radio related FOI responses by Ofcom to be posted into here for reference & discussion!
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sde-1104
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Energy FM & Suffolk/Essex Pirates - Feb 2013

Post by sde-1104 » Sun Jan 04, 2015 9:56 pm

Thank you for your further request for information regarding illegal broadcasting in Suffolk, in
particular with reference to Energy FM, which we received on 27 January 2013 and have
considered under the Freedom of Information Act 2000 (“the Act”).

I can confirm that we did take two operations against Energy FM, located in Ipswich in 2007,
which resulted in a prosecution. On checking our records we also found a TX seizure
against an unknown station in Sudbury in 2008. I am sorry that this was not reflected in our
response to your original request for information about illegal broadcasting in the
Suffolk/Essex area under reference 1-224227705. I repeat for your information the relevant
figures from that request and I have updated in red where the adjustment to figures has
been made.

The changes are reflected in questions one and three - Q1 Quantity changed from 7 to 8
Q3 Changes to tables 2007 and 2008.

1. How many prosecutions against individuals have taken place between the specified
dates?


8

2. Out of the number of persons identified, how many have had multiple
prosecutions?


0

3. Please list the names of all the unlicensed broadcast stations the number of times
enforcement action has been carried against each of them, clearly showing the
method of enforcement used (i.e. studio raid, main transmitter removal, mobile
telephones disconnected, website domain name blocking etc).


2007
Charge FM - 90.8 Southend
Cyndicut FM - 97.8 - Romford
Mystery - 106.7 - Colchester
UK Obsession - 89.6 - Epping
Energy (Suffolk) - 97.0 - Ipswich

2008
Cyndicut FM - 97.8 - Romford
Dlight - 97.0 - Southend-on-Sea
Flava - 92.1 - Various
UK Obsession - 89.6 - Epping
Unidentified stations n/a Brentwood /Sudbury

2009
Klash FM - 92.6 /92.8 - Southend-on-Sea
Mystery - 106.7
UK Obsession - 89.6 - Epping
Unidentified stations Southend-on-Sea/Colchester

2010
Desire FM - 87.5 /92.1 Southend-on-Sea
Klash FM - 92.6 /92.8 - Southend-on-Sea

2011
Klash FM - 92.6 /92.8 - Chelmsford
Never Say Die - 94.3 - Waltham Abbey
Unidentified stations - Southend-on-Sea
Vuit FM - 97.0 - Brentwood

2012

Desire FM - 87.5 /92.1 Southend-on-Sea

With regard to your request as to the number of complaints made against Energy FM, we
can neither confirm nor deny whether we hold the information you requested under section
44 of the Act.

Section 44 of the Act prevents organisations releasing information if another act has said
that it shouldn’t, such an act is the Communications Act 2003. So that Ofcom can operate
effectively it needs to be able to handle and share confidential correspondence with the
businesses it regulates. If Ofcom was to make all this correspondence public it would
undermine the confidence that regulated industries have that they can be frank and candid
without the fear that these views will be published. Section 393 of the Communications Act
anticipated this and prevents Ofcom releasing information if the information is about a
particular business, unless it helps Ofcom to carry out its duties.

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