The Department for Culture, Media and Sport has updated licensing rules for small‑scale radio. Made on 16 March 2026, laid before Parliament on 17 March 2026, and in force from 1 May 2026, the Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026 creates a new, tightly drawn exemption from Broadcasting Act licensing for certain restricted radio services. The Order records that Ofcom was consulted, as required by section 97(2) of the 1990 Act.
The instrument disapplies section 97(1) of the Broadcasting Act 1990 where two conditions are met. First, the service must be a “restricted service”. Second, transmission must either occur on a frequency other than the AM or FM broadcast bands, or-if using FM-operate at an effective radiated power not exceeding 50 nanowatts. For clarity, the Order defines the AM broadcasting band as 526.5 kHz to 1.6065 MHz and FM as 87.5 to 108 MHz.
“Restricted service” follows the statutory meaning in section 245(4)(c) of the Communications Act 2003: a sound broadcasting service provided for reception within a particular establishment or other defined location in the UK, or for the purposes of a particular event. This is the same concept used in Ofcom’s framework for Restricted Service Licences. (wipolex-res.wipo.int)
Outside this new exception, providing a relevant regulated radio service without authorisation is an offence under section 97 of the Broadcasting Act 1990. The Order works by specifying a description of services to which that prohibition does not apply, removing the need for a Broadcasting Act licence only in the circumstances set out above. (wipolex-res.wipo.int)
The instrument also cross‑refers to section 117(1) of the Wireless Telegraphy Act 2006 for the meaning of “wireless telegraphy apparatus”. This change does not alter obligations under wireless telegraphy law; spectrum use and equipment compliance remain governed by the Wireless Telegraphy Act and any applicable licence‑exempt conditions. (legislation.gov.uk)
The 50 nW ERP ceiling is extremely low-around −43 dBm-and aligns with Ofcom’s approach to micro‑power FM devices used for very short‑range audio. Ofcom documents describe these “micro FM transmitters” as licence‑exempt only within strict technical limits; the new Order confirms that where a restricted service uses such micro‑power FM, a Broadcasting Act licence is not required. (ofcom.org.uk)
The Order revokes two earlier instruments: the 1990 Exceptions Order (S.I. 1990/2536) and the 2007 Exceptions Order (S.I. 2007/272). The 2007 measure focused on Community Audio Distribution Systems operating over Citizen’s Band; the 2026 Order replaces that targeted approach with a technology‑neutral description tied to the restricted service definition and an explicit FM power threshold. (legislation.gov.uk)
For event organisers and site‑based operators, the compliance test is now clear. First, confirm the service qualifies as “restricted” in law. Second, confirm that transmission either uses spectrum outside the AM/FM broadcast bands or, where FM is used, operates at or below 50 nW ERP. Services that fall outside these parameters continue to require a Broadcasting Act licence. Ofcom’s guidance on short‑term restricted services illustrates typical use cases such as coverage of events and trials. (ofcom.org.uk)
The Order does not allocate spectrum or relax interference protections. It does not constitute an authorisation to transmit on any particular frequency, nor does it remove obligations under wireless telegraphy rules. Providers remain responsible for using frequencies lawfully-whether under licence or licence‑exempt terms-and for avoiding harmful interference, which remains enforceable under wireless telegraphy legislation. (ofcom.org.uk)
The instrument is signed by Ian Murray, Minister of State at the Department for Culture, Media and Sport, dated 16 March 2026. The accompanying note states that no full impact assessment has been produced; instead, a de minimis assessment estimates a net impact below £10 million per year. An Explanatory Memorandum is available alongside the instrument on legislation.gov.uk. The Order extends to the United Kingdom and takes effect on 1 May 2026.