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The FM local commercial radio licence for Rotherham was awarded on 11 May 2006 to Rother FM Limited.

Rotherham licence award decision

When the Rotherham licence was advertised in November 2005, it was stated that, given the small population coverage afforded by the licence, Ofcom would be likely to place particular emphasis on the ability of each applicant to maintain its proposed service for the duration of the licence period (section 105(a) of the 1990 Broadcasting Act).

As a 'smaller' licence serving a locality which is not the sole focus (in editorial terms) of any existing service, it was also stated that Ofcom was likely to consider speech content to be more important than music proposals in assessing section 105(c) - the extent to which each applicant would broaden the range of local commercial radio services available in the area, and that 105(c) might be considered less significant overall than section 105(b) - the applicants' ability to cater for local tastes and interests.

Finally, in respect of section 105(d) - the extent to which there is evidence of local demand or support for a proposed service - Ofcom said that non research-based evidence of local support would be likely to be considered alongside evidence of demand.

It was also noted that this guidance is subject to discretion, and that Ofcom will always consider each of the four statutory criteria when making a licence award.

In considering the applications in relation to section 105(a), Ofcom’s Radio Licensing Committee (RLC) felt that the backing of Lincs FM Group brings Rother FM considerable experience of operating successful smaller stations in similar-sized markets adjacent to Rotherham. The RLC also recognised the realism of the group’s financial projections, the radio experience of its board and the clear recognition that the Rotherham licence would present a different challenge to other nearby markets.

With regard to sections 105 (b) and (c), Rother FM gives a strong commitment to local news, including hourly local bulletins between 07.00 and midnight on weekdays, and a range of non-news speech items. The station will also benefit from being able to call upon the news resources of neighbouring Lincs FM Group stations. When coupled with a broad mix of music, the RLC considered that this Format would both cater to local tastes and interests, and broaden choice.

In relation to section 105(d), Rother FM conducted robust yet comparatively limited quantitative research and monitoring, which it used to confirm in broad terms a demand for its proposed format. The RLC took the view, however, that the relative weakness of this aspect of its application did not outweigh the strengths evident in respect of other elements of its proposal, especially since the group also demonstrated substantial local support for its application from a range of community leaders and potential advertisers in Rotherham.

The RLC considered that, in relation to section 314 of the Communications Act 2003, Rother FM’s programming proposals contained a suitable proportion of local material and locally-made programmes for this licence area. The station will be locally produced and presented twenty four hours a day, with the exception of a total of no more than twelve hours per week; and its Format includes commitments to deliver a wide range of local material.

The following pages set out the statutory requirements relating to radio licensing, and details of the licensing process. Further information about these, and detailed information relating to the applications for the Rotherham licence, can be found at:

http://www.ofcom.org.uk/radio/ifi/rbl/car/

Statutory requirements relating to radio licensing

In carrying out all of its functions, Ofcom is required to have regard to the general duties set out in section 3 of the Communications Act 2003. In addition, under section 85(2)(b) of the Broadcasting Act 1990, it is the duty of Ofcom to do all that it can to secure the provision within the UK of a range and diversity of local radio services.

'Localness'

In carrying out its functions in relation to local commercial radio services specifically, Ofcom is required (under section 314 of the Communications Act 2003) to act in the manner that it considers is best calculated to secure:

• that programmes consisting of or including local material are included in such services but, in the case of each such service, only if and to the extent (if any) that Ofcom considers appropriate in that case; and
• that, where such programmes are included in such a service, what appears to Ofcom to be a suitable proportion of them consists of locally-made programmes.

For the purposes of the licensing process, Ofcom does not consider it appropriate to prescribe an amount of local material or a proportion of locally-made programming that new services should contain, as such matters may well vary greatly between different types of service. Rather, it is for applicants to set out in their application the amount of local material and the proportion of locally-made programming they propose to provide, supported, as appropriate, by evidence of demand or support for such proposals. Ofcom will then consider on the basis of the application whether the amount of local material included is appropriate, and whether the proportion of locally-made programming is suitable, for that particular service proposal.

Specific local licence award criteria

In considering the applications it receives for local commercial radio licences, Ofcom is required to have regard to each of the statutory criteria set out in section 105 of the Broadcasting Act 1990. These are as follows:

1. the ability of each of the applicants for the licence to maintain, throughout the period for which the licence would be in force, the service which he proposes to provide;
2. the extent to which any such proposed service would cater for the tastes and interests of persons living in the area or locality for which the service would be provided, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would cater for those tastes and interests;
3. the extent to which any such proposed service would broaden the range of programmes available by way of local services to persons living in the area or locality for which it would be provided, and, in particular, the extent to which the service would cater for tastes and interests different from those already catered for by local services provided for that area or locality; and
4. the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service.

The legislation does not rate these requirements in order of priority, but it may be that Ofcom will regard one or more of the criteria as being particularly important in view of the characteristics of the licence to be awarded and the applications for it.

Process for assessment of applications

The Rotherham licence was advertised on 10 November 2005. By the closing-date of 8 February 2006, three applications were received, as follows:

96.1 FM Radio Rotherham Limited
Renaissance Radio Limited
Rother FM Limited

The membership of Ofcom's Radio Licensing Committee (RLC) for this licence award was as follows:

Ian Hargreaves, Ofcom Board Member (Chair)
Tim Suter , Partner, Content and Standards (Deputy Chair)
Peter Bury, Director of Strategic Resources
Martin Campbell, Head of Radio Content Team
Peter Davies, Director of Radio and Multimedia
Pam Giddy, Content Board member
Neil Stock , Head of Radio Planning & Licensing

The applications were circulated among all members of the RLC as well as among relevant Ofcom colleagues. Copies of the non-confidential sections of the applications were made available for public scrutiny on the Ofcom website, and public comment on the local radio needs of listeners in the area, and the type of programme service required, was invited both at the time of the licence advertisement and on the day after the applications were received. The RLC took all replies into account when reaching its decision.

The RLC had an initial discussion of the applications at its meeting on 9 March 2006. This comprised an initial presentation by a member of Ofcom's Radio Planning & Licensing team, summarising the proposals put forward by each applicant as they relate to the statutory criteria, followed by an opportunity for the RLC members to highlight any questions of clarification and/or amplification they wished to be put to the applicants.

Shortly after this meeting, each applicant was invited to respond, within a two-week period, to written questions of clarification and/or amplification on aspects of their proposals. The non-confidential questions and responses were subsequently made available for public scrutiny on the Ofcom website.

In line with Ofcom's published procedures, each application was awarded a score (of between 0 and 10) for each of the four statutory criteria contained in section 105 of the Broadcasting Act 1990. These scores provided an indicative picture of the perceived strengths and weaknesses of each application, and were used for guidance only. A summary of the scores was presented to the RLC at its 11 May 2006 meeting, as part of a paper which summarised the issues of relevance for each application under each of the statutory criteria. The information included in this paper was drawn both from the applications and the subsequent responses to questions of clarification and/or amplification.

Points for future applicants

1. Applicants for licences in other areas should note that this licence award was made based on the particular characteristics of the Rotherham licence area, and the applications which were submitted. Each licence award will be made on an individual basis, with regard to the factors which, in the view of Ofcom, are particularly relevant to that case. Where possible, the likely weight accorded to each of the statutory criteria will be signalled as part of each licence advertisement.

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