UK Broadcasting Act 1990: ultra-low power FM 1 May
Planning a pop-up radio for a school fair or a museum gallery? From 1 May 2026, the UK will allow some very small, event‑tied broadcasts to run without a broadcasting licence, provided they are truly short‑range and meet strict technical limits.
The change arrives via the Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026. It was made on 16 March 2026, laid before Parliament on 17 March, and comes into force on Friday 1 May 2026. The Secretary of State consulted Ofcom, and the instrument is published on legislation.gov.uk.
In law, a ‘restricted service’ is a radio service aimed at a limited place, audience or time, set out in section 245(4)(c) of the Communications Act 2003. Think pop‑up transmissions tied to a campus, a venue or a single event rather than a town‑wide station. If your project fits that idea, this order is aimed at you.
Normally, section 97(1) of the Broadcasting Act 1990 makes it an offence to provide a regulated radio service without a licence. This order switches that off for a restricted service when either of two conditions is met.
First, you are exempt if you transmit on a frequency that is not an AM broadcasting frequency (526.5 kHz to 1.6065 MHz) and not an FM broadcasting frequency (87.5 to 108 MHz). Second, you are also exempt if you do use the FM band but your wireless telegraphy apparatus emits no more than 50 nanowatts effective radiated power.
Let’s translate the numbers. Effective radiated power, or ERP, measures how strong your signal is after the aerial is taken into account. Fifty nanowatts is tiny-about 20,000 times weaker than a 1 milliwatt Bluetooth signal-so expect coverage of a room or two, not a neighbourhood. What this means for you: this is for ultra‑short range only.
It applies across the United Kingdom and updates older rules. The order revokes the 1990 Exceptions Order and the 2007 Exceptions Order, replacing them with a clearer test that includes an explicit 50 nW FM threshold and defined AM/FM frequency ranges.
Important boundary: this is a broadcasting‑licence exception, not a spectrum permission. Use of radio frequencies is controlled separately by the Wireless Telegraphy Act 2006. You must still ensure your equipment is licence‑exempt for the band you choose or that you hold the correct wireless telegraphy licence.
Concrete examples help. A museum installing a whisper‑quiet FM audio beacon at 50 nW inside one gallery could sit within the exception, provided the device is otherwise permitted for that band. A school project sending audio over a non‑AM/FM short‑range frequency using compliant kit would also be in scope.
By contrast, anything aiming to cover a car park, a campus or a neighbourhood-such as a drive‑in cinema transmission or a student station-will almost certainly exceed 50 nW on FM and still require full licensing. If in doubt, assume you need permission and ask Ofcom before you switch on.
The government says no full impact assessment was required because the net impact is estimated below £10 million per year; a de minimis assessment and an Explanatory Memorandum sit alongside the instrument on legislation.gov.uk. The order is signed by Ian Murray, Minister of State at the Department for Culture, Media and Sport, dated 16 March 2026.
Dates to remember: made on Monday 16 March 2026, laid on Tuesday 17 March 2026, and in force from Friday 1 May 2026. From today, Wednesday 18 March 2026, that gives you 44 days to plan and test within the new framework. The teaching point: separate the content licence (this order relaxes it for tiny, restricted uses) from the spectrum authorisation (which still applies).