Ofcom's Letters to my MP John Haves
Letter 1 3rd September 2010 click here
Letter 2 31st January 2011 click here
Ed Vaizey MP Minister for Culture, Communications and Creative Industries reply to John Hayes MP on my behalf 10 Feb 2011 click here
OFCOM REPLY to my FOIR Request 3rd Nov 2010 PDF click here
Here is a letter from Clive Corrie at OFCOM received on 13th October, in response to the letter below:
Click here to download PDF of the letter.
To: Clive Corrie; Ed Richards; Graham Howell; Adam Higgitt
Subject: Formal Apllication for A Licence to Use Powerlie Network Adaptors & Freedom of Information Request Copy to John Hayes MP
Dear Mr Corrie,
Thank you for your e-mail, which merely regurgitates the singularly unhelpful mantra of your previous e-mails.
I don't care if you and your legal team find my comments unnecessarily aggressive and I would very much like to hear from your legal team personally with their reasons for OFCOM's perverse stance on Powerline Network Adaptors.
If OFCOM answered the reasonable questions put to it instead of obfuscating the issues, I wouldn't need to be asking the same questions in what I would more accurately describe as an assertive fashion.
Members of the public, who make reasonable requests for advice and information from OFCOM (which it is obliged to deal with by statute) cannot be fobbed off. Take note, I will ask again and keep asking until I get a formal legal response from OFCOM.
In case you have not comprehended my position, let me spell it out again. Fact: OFCOM is subject to the Communications Act 2003 Fact: OFCOM has duties under that Act to regulate the spectrum and issue Wireless Telegraphy licenses when members of the public apply for them.
The Communication Act 2003 says:
(1) It shall be the principal duty of OFCOM, in carrying out their functions- (a) to further the interests of citizens in relation to communications matters;
(2) The things which, by virtue of subsection (1), OFCOM are required to secure in the carrying out of their functions include, in particular, each of the following-
(a) the optimal use for wireless telegraphy of the electro-magnetic spectrum;
OFCOM's job is to carry out those above functions and one of those functions is to issue licenses.
If a licence is refused, OFCOM must give lawful reason for refusal. So I will spell out the problem again for you:
Fact: Powerline Network Adaptors ARE radio transceivers and work without ANY wires connected to establish the path. They must therefore be 'wireless telegraphy apparatus' as defined in s117 Wireless Telegraphy Act 2006. For the avoidance of doubt, the ACT does not define the distance a signal travels without being connected to wires - only that it does travel wirelessly.
Fact: Powerline Network Adaptors Radiate RF Energy when connected to the household Mains wiring. Mains wiring, as OFCOM has agreed, is not designed for RF transmission. Any use of the adaptors, therefore, as you advise and manufacturers recommend, breaches S116 of the Wireless Telegraphy Act 2006.
Fact: The ONLY way these units can be LEGALLY used is over paths that are provided by any material substance constructed or arranged for that purpose. That means proper RF Cable. You have seen my video evidence which proves all three points.
If OFCOM disagrees with the above three facts, it must give me the legal basis upon which it relies.
To put it simply, for those who do not understand the technology involved, such as your lawyers, the units when they are plugged into the mains, create an RF signal, which when connected to its twin unit, uses the house hold mains wiring as broadcasting aerial, which spills over into other properties and indeed is reflected off the ionised layers. Therefore, the two units and the cable become a 'wireless telegraphy station', information from which can be received by another powerline network adaptor running on another phase of the mains grid or from a generator with no physical connection:
s117 Wireless Telegraphy Act 2006 "Wireless telegraphy apparatus" and "wireless telegraphy station"
(1) In this Act "wireless telegraphy apparatus" means apparatus for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies.
(2) In this Act "wireless telegraphy station"- (a) means a station for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies
. Now - once again - please determine, as the responsible Officer at OFCOM, the following formal application:
1 I need a licence to operate powerline network adaptors wirelessly, when plugged into a mains network, which may be on another phase, or powered by a generator, solar / wind power or battery/inverter. If OFCOM does not think that I require a license you must tell me the precise legal basis for that determination and the appeal mechanism.
2 If OFCOM determines that a licence is required, please tell me how to apply and the forms to be used. 3 if OFCOM determines a licence is required and it refuses to grant one, it must provide the legal basis for its determination and the appeals process.
Returning to your e-mail or 1st October 2010, it is not for you to tell me to seek legal advice. It is for OFCOM as the regulator to state clearly and precisely how it reaches its conclusion.
In this connection I refer you to 1(a) the principle duty of OFCOM, which I will remind you is to further the interest of the citizens.
Please do not insult my intelligence by sending links to documents on your website. You will find I probably know them better than you.
What I want are OFCOM's specific legal reasons, set out in a form that I can put before a judge. Will you please now provide the information I have previously requested and which should have been provided within a week of my first request pursuant to s146 of the Communication Act 2003
146 Provision of information by OFCOM (1)OFCOM must comply with a request made by a person for the purposes of this section- (a )to notify the person whether or not a notification is required to be submitted by him under section 33; (4)Any notification or information which under subsection
(1) must be given or provided by OFCOM must be given or provided before the end of the period of one week beginning with the day on which the request for the notification or information was made to OFCOM.
By the way, you will have seen United Nations ITU-R SG1 which "on Monday Sept 27, approved a new Recommendation on PLT/BPL for the protection of radio services operating below 80MHz. It defines the acceptable level of noise degradation for the Amateur Service as 0.5dB, above the noise levels as defined in Recommendation ITU-R P372. These levels of degradation were accepted because of the inputs made on behalf of amateurs world wide by the IARU".
Everybody knows this is unachievable. OFCOM will now be forced to act. In concluding, I am a very surprised at the informal manner of your correspondence to date. Surely applications should be dealt with officially in writing on appropriate forms and staff issuing them should provide details of their rank and position at OFCOM.
Please treat this application as a request for information under the Freedom of Information Act. I expect a speedy reply to this application for licence.