Minutes of Forty Second Meeting of the Ofcom Radio Licensing Committee Held on Tuesday 19 February 2008

Present

Philip Graf (Chair)
Peter Bury
Martin Campbell
Peter Davies
Pam Giddy
Stewart Purvis
Neil Stock
Joyce Taylor (by telephone)

In Attendance

Other Ofcom Colleagues

Item 1: Minutes of the meeting held on Thursday 22 January 2008 – RLC 41(08)

1. The minutes of the meeting held on Thursday, 22 January 2008, previously circulated to the Committee, were approved as an accurate record and signed by the Chair.

Item 2: Matters Arising

2. There were no matters arising to report.

Item 3: Local radio multiplex licence award: Lincolnshire – RLC 04(08)

3. The Committee was briefed on the application received for the Lincolnshire local radio multiplex licence.

4. After careful consideration, and having regard in particular to the factors set out in section 51(2) of the Broadcasting Act 1996, the Committee awarded the licence to MuxCo Lincolnshire Limited.

5. The Committee agreed to colleagues' recommendations set out in paper RLC 04(08) as to the commitments which should be included as conditions of Muxco Lincolnshire Limited’s licence when granted.

6. The Committee noted that a statement explaining the key factors which had led the Committee to its decision to award the licence to Muxco Lincolnshire Limited would be prepared by colleagues. It was agreed that the statement would be e-mailed to the Committee for perusal and comment prior to publication. It was also agreed that the authority for publication would be obtained from the Chair.

7. It was noted that the announcement regarding the winning licence application would be made at 5:00pm on 19 February 2008.

Item 4: Community radio licence awards: North Wales and Northwest England (Batch 3) – RLC 05(08)

8. Following on from the Committee meeting on 22 January 2008 (paragraph 10 of RLC Minutes 41(08) refers), discussions had taken place with the BBC and a suitable frequency had been identified for Rossendale Radio, Rossendale uplands, Lancashire. The Committee therefore awarded a licence to Rossendale Radio, Rossendale uplands, Lancashire.

9. The Committee was asked to consider thirteen applications for services proposing to serve a locality in northwest England. A paper summarising the applicants' proposals in relation to the statutory criteria had been prepared by the Radio Team to help the Committee in its deliberations.

10. After a full and careful discussion of each licence application, and having regard in particular to the factors set out in section 105 of the Broadcasting Act 1990 (as modified by the Community Radio Order 2004), the Committee awarded a licence to the each of the following applicants:

Canalside, Bollington, Cheshire
Moorlands Radio, Biddulph, Staffordshire
KCC Live, Knowsley, Merseyside

11. With regard to the licence award to KCC Live, the Committee agreed to impose a cap of 15% on the proportion of annual revenue that it could receive from on air advertising and sponsorship.

12. With regard to the applications from Peace FM, NMFM, Gaydio, Unity Radio and Bolton FM, the Committee indicated that it was minded to award a licence to each applicant, subject to the availability of suitable FM and AM frequencies.

13. The Committee decided not to award a community radio licence to each of the following applicants:

Kat FM, Crewe and Nantwich, Cheshire
Tatton FM, Tatton, Cheshire
Halt FM, Altrincham, Cheshire
CCM, Congleton, Cheshire
Southport Community Radio

14. The Committee noted that a statement explaining the key factors which had led the Committee to its decision to award the community radio licence would be prepared by colleagues. It was agreed that the statement would be e-mailed to the Committee for perusal and comment prior to publication. It was also agreed that the authority for publication would be obtained from the Chair.

15. It was noted that the announcement regarding the successful applications would be made on 25 February 2008.

Item 5: DAB Digital Radio Update - RLC 07(08)

16. Peter Davies presented this paper which updated the Committee on recent developments relating to DAB digital radio following the launch of the Government’s Digital Radio Working Group and the announcement by GCap Media plc on 11 February of its proposal to close its digital stations and to sell its majority shareholding in Digital One. The Committee NOTED the update.

Item 6: [Withheld from published minutes]

17. [Withheld from published minutes].

Item 7: RAJAR Briefing Q4 2007 - RLC 08(08)

18. The Committee noted the Rajar Briefing.

Item 8: Any Other Business

19. The Committee discussed the possible implications of GCap Media plc’s announcement of 11 February 2008 that it intended to dispose of its Xfm regional analogue licences in Scotland, South Wales and Manchester. It was agreed that, in the event that some or all of the licences were handed back to Ofcom, the Radio Team would advise the Committee on whether, or not, those licences should be re-advertised.

20. [Withheld from published minutes].

Item 9: Date of Next Meeting

21. The next meeting would be held on Tuesday 18th March 2008, Riverside House, Room 11.01, at 9.00am until 12.00pm.