The Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026
This 2026 Statutory Instrument, made under the Broadcasting Act 1990, amends the rules governing independent radio broadcasting by explicitly exempting certain radio services from the general requirement to hold a license.
Specifically, the Order exempts 'restricted services' if they broadcast on frequencies outside the standard AM or FM bands, or if they broadcast on FM frequencies using apparatus emitting extremely low power, not exceeding 50 nanowatts.
Furthermore, the instrument revokes the predecessor exception orders from 1990 and 2007, consolidating the current exceptions framework.
Arguments For
Provides regulatory clarity by specifying which independent radio services must be licensed, potentially reducing the regulatory burden for very low-power or non-standard transmissions.
Modernizes legacy legislation by revoking the 1990 and 2007 exception orders, consolidating and updating the rules governing radio service licensing exceptions.
Allows for niche or experimental radio transmissions ('restricted services') to operate without a full independent radio license if they use frequencies outside standard AM/FM bands or transmit at extremely low power (50 nanowatts on FM).
The Secretary of State consulted Ofcom, ensuring that regulatory decisions align with the expertise of the communications regulator.
Arguments Against
Creating exceptions to licensing requirements could lead to unintended spectrum interference if definitions or power limits are not strictly adhered to by operators.
Implementing a new order requires businesses and regulators to learn and apply the new criteria, potentially causing temporary confusion regarding compliance, even if the overall impact is assessed as 'de minimis'.
Operators using the new exception route might avoid licensing requirements intended to ensure quality and compliance standards applicable to mainstream independent radio broadcasters.
Relying on 'wireless telegraphy apparatus' for these exceptions introduces complexity, as compliance involves technical broadcasting standards alongside general telecommunications laws.
STATUTORY INSTRUMENTS
2026 No. 300
BROADCASTING
The Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026
Made - - - -
16th March 2026
Laid before Parliament
17th March 2026
Coming into force - -
1st May 2026
This establishes the document as a Statutory Instrument, bearing the number 300 of the year 2026, concerning the regulation of Broadcasting.
The Order was officially made on March 16th, 2026, presented to Parliament on March 17th, and is set to become legally effective on May 1st, 2026.
The Secretary of State makes this Order in exercise of the powers conferred by section 97(2) of the Broadcasting Act 1990( 1 ).
In accordance with that section, the Secretary of State has consulted OFCOM.
The Secretary of State formally issued this Order using the legal authority granted under Section 97(2) of the Broadcasting Act 1990.
Before making this Order, the Secretary of State fulfilled the requirement to consult with OFCOM, the UK's communications regulator.
Citation, commencement and extent
- -(1) This Order may be cited as the Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026.
- (2) This Order comes into force on 1st May 2026.
- (3) This Order extends to the United Kingdom.
The first article specifies the official title of this legislation as the Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026.
It confirms that the rules take effect on May 1st, 2026, and that the provisions apply across the entire United Kingdom.
Interpretation
- In this Order-
'AM broadcasting frequency' means a frequency that falls within the frequency band 526.5 kilohertz to 1.6065 megahertz;
'FM broadcasting frequency' means a frequency that falls within the frequency band 87.5 to 108 megahertz;
'restricted service' has the meaning given by section 245(4)(c) of the Communications Act 2003;
'wireless telegraphy apparatus' has the meaning given by section 117(1) of the Wireless Telegraphy Act 2006( 2 ).
This section defines several key technical terms used throughout the Order for clarity.
It specifies the exact frequency ranges for Amplitude Modulation (AM) and Frequency Modulation (FM) broadcasting.
A 'restricted service' refers to a specific type of service defined in the Communications Act 2003, and 'wireless telegraphy apparatus' refers to transmitting equipment defined in the Wireless Telegraphy Act 2006.
Excepted radio services
- -(1) Section 97(1) of the Broadcasting Act 1990 (prohibition on providing independent radio services without a licence) does not apply to any service of the description specified in paragraph (2).
(2) The service is-
- (a) a restricted service, and
- (b) transmitted on-
- (i) a frequency other than an AM or FM broadcasting frequency using wireless telegraphy apparatus, or
- (ii) an FM broadcasting frequency using wireless telegraphy apparatus which emits electromagnetic energy having an effective radiated power not exceeding 50 nanowatts.
This is the core provision, stating that Section 97(1) of the 1990 Act, which bans independent radio services without a license, will not apply to certain described services.
The exception only covers a 'restricted service' if it meets one of two transmission criteria: either it broadcasts on a frequency outside the standard defined AM/FM bands, or it broadcasts on an FM frequency but uses equipment emitting extremely low power, specifically no more than 50 nanowatts of effective radiated power.
Revocations
- The following enactments are revoked
- (a) the Broadcasting Act 1990 (Independent Radio Services: Exceptions) Order 1990( 3 );
- (b) the Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007( 4 ).
This article formally cancels two earlier statutory instruments that previously dealt with exceptions to the independent radio licensing regime. Specifically, the Order of 1990 and the subsequent exception Order of 2007 are repealed by this new legislation.
16th March 2026
Ian Murray Minister of State Department for Culture, Media and Sport
This certifies the date the Order was signed and names the enacting official, Ian Murray, serving as Minister of State within the Department for Culture, Media and Sport.
EXPLANATORY NOTE
(This note is not part of the Order)
Section 97(1) of the Broadcasting Act 1990 (c. 42) provides that it is an offence for a person to provide any relevant regulated radio service (as defined by section 97(1A) of that Act) without being authorised to do so by or under a licence under Part 3 of that Act or Part 2 of the Broadcasting Act 1996 (c. 55). This Order specifies a description of services to which section 97(1) does not apply.
This Order also revokes the Broadcasting Act 1990 (Independent Radio Services: Exceptions) Order 1990 (S.I. 1990/2536) and the Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007 (S.I. 2007/272).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £10 million per year. A copy of the assessment is published on legislation.gov.uk with this instrument or can be obtained from the Department for Culture, Media and Sport at 100 Parliament Street, London, SW1A 2BQ. An Explanatory Memorandum is also available alongside the instrument on legislation.gov.uk.
The Explanatory Note clarifies that the Order creates an exception to Section 97(1) of the Broadcasting Act 1990, which otherwise makes it an offense to run a regulated radio service without a license.
It confirms the revocation of the 1990 and 2007 exception orders mentioned earlier.
Finally, it states that a full impact assessment was deemed unnecessary because the projected impact on businesses, the voluntary sector, or community organizations is expected to be minimal (estimated under £10 million per year), warranting only a 'de minimis' assessment.
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