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Terms of Reference

The Ofcom Board has delegated the discharge of its functions in relation to radio (sound) broadcast licensing to a committee known as the Radio Licensing Committee, chaired by a member of the Ofcom Board.

Duties

1. The duties of the Radio Licensing Committee shall be:

Analogue ILR and INR licences

To decide on the award of new and re-advertised national and local licences, and to revoke existing licences.
To decide on proposed licence variations, where there is an issue of significance.

Radio multiplex licences

c) To decide on the award of new national and local radio multiplex licences, and to revoke existing licences.

d) To decide on proposed licence variations, usually arising from a proposed change to the line-up of programme services, where there is an issue of significance.

Community radio licences

e) To decide on the award of new community radio licences, and to revoke existing licences.

Other radio (sound) broadcasting licences

f) To decide on the issue of Radio Licensable Content Service (RLCS) licences where there is an issue of significance.

g) To decide on the issue of Restricted Service Licences (RSLs) where there is an issue of significance.

h) To decide on the issue and proposed variations of Digital Sound Programme (DSP) and Digital Additional Services (DAS) licences where there is an issue of significance.

Other matters

i) Determinations in relation to changes of control of analogue national and local licences and national and local radio multiplex licences, where there is an issue of significance.

j) Determinations in relation to licence awards to religious bodies, where there is an issue of significance.

k) Determinations and directions in relation to compliance with the ownership rules, where there is an issue of significance.

l) To approve new policies, and any related documentation for publication (e.g. notes of guidance, application forms), in respect of radio (sound) broadcast licensing. Matters of policy in relation to the general conduct of radio licensing may also be reviewed from time to time by the Main Board.

Authority

2. Decisions of the Radio Licensing Committee are final and not subject to internal review, reconsideration or appeal. Judicial review is the only means of challenging the Committee's decisions.

Membership

3. The Committee shall consist of up to ten members.

4. The Chair of the Radio Licensing Committee will be a member of the Ofcom Board. There may also be a Co-Chair of the Committee, who will also be a member of the Ofcom Board. A Deputy Chair will be appointed if there is no Co-Chair, and will be empowered to act as a substitute Chair if the permanent Chair is absent. The Deputy Chair will be either a main Board Member, a Content Board Member or a Partner level executive. The permanent membership of the Committee shall comprise a further two part-time non-executive members, at least one of whom will be a member of the Content Board, and four executive colleagues. Up to two additional members, either executive or non-executive, will be added to the Committee when appropriate to provide particular expertise.

Quorum

5. A quorum shall be four, with at least one member being either the Chair, Co-Chair or Deputy Chair and one other member being a member of the Content Board (who is not the Chair, Co-Chair or Deputy Chair). Members’ attendance through telephone or videolink is permissible for the purposes of determining a quorum. Where the chairman or deputy chairman of the Committee considers it appropriate, decisions make by taken by email. The Chair of the Radio Licensing Committee at a particular meeting shall have a casting vote in the event that the Committee is unable to reach a consensual decision.

Meetings – attendance and arrangements

6. For licence award decisions, the Committee shall be attended by the relevant colleague from the Radio Planning & Licensing team and, as appropriate, any other Ofcom colleagues and observers. The Chairman and Chief Executive of Ofcom may also attend meetings.

7. The Secretariat shall take a full note of meetings and keep proper records of all decisions.

Frequency of meetings

8. Meetings shall be held as and when required.

Reporting procedures

9. The Committee will report directly to the Ofcom Board. The Ofcom Board shall keep the delegation under review from time to time.

October 2007