08 April, 2009

Listening to ATC transmissions - The Wireless Telegraphy Act 1949

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There are several great sites out on the internet that are streaming live ATC transmissions for all to hear. However one thing you won't hear on any of them are ATC transmissions from the UK.

It never occured to me to wonder why until I wanted to listen to a friend of mine as her flight left for Hong Kong recently. When I looked into it apparently there is legislation forbidding it. Section 5(1)(b) of the WT Act 1949 states that it is an offence if a person "otherwise than under the authority of a designated person,

either:

(i) uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message whether sent by means of wireless telegraphy or not, of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient;
or:

(ii) except in the course of legal proceedings or for the purpose of any report thereof, discloses any information as to the contents, sender or addressee of any such message, being information which would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person."


So for all those of you who like to use scanning equipment to listen to ATC you are all breaking the law by using the scanner. Owning, purchasing and selling a scanner is not illegal, but in order to legally use it to listen to UK ATC transmissions (and emergency service transmission) you have to be a licensed user of the frequencies in question. Any CAA or JAR certified pilots who are reading this will be fine because they will hold a Radio Operators license as part of their certification, but a normal 'man-in-the-street' is commiting an offence by doing this.

But only if you are based in the UK. So If I was listening from Holland, for example and I could pick up Heathrow ATC - or similar coverage from the UK - I could broadcast it legally. Also this law doesn't apply to Southern Ireland which means I can listen in quite legally to Shannon and Dublin. Nor does it apply to many of the European countries, Oceanic countries, Central and North America.

So why the UK?

Well, according to the Radiocommunications Enforcement Policy Unit this is because "No-one likes their private or business conversations to be listened to. Parliament has passed these laws to protect the privacy of radio users". So let me get this right: If you are transmitting using a commonly accessible, unecrypted, non peer-to-peer signal which is easily and readily receivable by consumer grade electronics, you are deemed to be having a 'private conversation'?

What's wrong with this picture?

1 comment:

  1. I agree with this, listening to ATC in the UK should be legal because aviations enthusiasts of pilots like my self would want to listen to ATC this is an outrage!!! Ok so heathrow i agree with terrorism etc but why not airports like Birmingham Intl & Small Air Cadet Bases Like DCAE Cosford its stupid!

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