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Ofcom's Radio Licensing Committee ('RLC') has awarded six community radio licences in December.

All community radio services must satisfy certain 'characteristics of service' which are specified in Article 3 of the Community Radio Order 2004. The RLC was satisfied that each of the applicants awarded a licence met these 'characteristics of service'. In addition, each application was considered having regard to the criteria set out in section 105 of the Broadcasting Act 1990 ('BA 1990') (as modified by the Community Radio Order 2004). A summary of these criteria is set out below. The key considerations in relation to these criteria, which formed the basis of the RLC's decisions to award licences to particular applicants, are also set out below. Where applicable, the relevant subsection of section 105 (1) of the BA 1990 is noted in brackets. (Please see specific community radio licence award criteria, set out below, for full details of each subsection.)

Applicants awarded a licence

Ofcom's Radio Licensing Committee made licence awards to the following applicants in locations in Yorkshire and in northwest England (in no particular order):

1. Vixen FM (Market Weighton and Pocklington, East Riding of Yorkshire)
2. SINE FM (Doncaster, South Yorkshire)
3. TMCR (Thorne & Moorends, South Yorkshire)
4. Redroad FM (Harthill, South Yorkshire)
5. Penistone Community Radio, Penistone ( South Yorkshire)
6. Flame CCR (the Wirral)

Each of these services will be licensed for a period of five years from the date of their launch.

The RLC was satisfied that each group awarded a licence should be allowed to seek up to 50% of its annual income (as that term is defined in the legislation) from the sale of advertising or programme/station sponsorship if it so wishes, in accordance with section 105(6) BA 1990, and that none of the new services would prejudice unduly the economic viability of any other local service (section 105(3) BA 1990).

Vixen FM (Market Weighton and Pocklington, East Riding of Yorkshire)
Vixen FM will serve the people of Market Weighton and Pocklington, in rural East Yorkshire. The group has considerable broadcast experience at board level including operating eight temporary radio restricted service licences (RSLs) and has access to secured resources (section 105(1a)). The station has well developed programming proposals - drawn from its previous broadcast experience - that should cater for the interests of the target community and broaden choice available locally (1b and 1c). A broad range of useful local contacts has been established and has provided the station with support for its application (1d). Its social gain proposals include promoting community events and businesses and it has a second studio which it proposes using specifically for training and production purposes (1e and 1g).

SINE FM ( Doncaster)
SINE FM will serve the people of Doncaster, in particular those in the areas of most deprivation. The group and its board have good experience in running community projects. It has been highly successful in attracting funding specifically for the radio project (section 105(1a)). A musically diverse service is proposed which will broaden the choice available locally and the group has carried out research to establish the tastes and interests of the target community (1b and 1c). The group has gained the support of a number of community organisations and has built up a good understanding of its target community (1d). The group has experience in delivering training and plans to provide information about local services in different community languages and to raise the profile of local businesses (1e). The station has a membership scheme open to anyone who lives in the community and access to its studios are widely publicised (1f and 1g).

TMCR (Thorne & Moorends, South Yorkshire)
TMCR will serve the people of Thorne and Moorends (to the northeast of Doncaster). The group has run an RSL and has good links with local agencies (section 105(1a)). The applicant’s proposed output is based on a survey of the community and feedback from its previous broadcast (1b) and should serve to broaden choice available locally (1c). The applicant has worked with a wide range of community organisations to strengthen links within the community and has put forward a number of programming proposals that would facilitate discussion and the expression of opinion (1e). Membership of the group is open to all community members and it has an open door policy to further promote accountability and access (1f and 1g).

Redroad FM (Harthill, South Yorkshire)
Redroad FM will serve Harthill and the surrounding rural communities of South Rotherham, with a particular focus on young people. The station, which has run four RSL broadcasts, is related to a number of existing media and media training projects. Between them the board represents a complementary range of skills for a community radio station (section 105(1a)). The focus of Redroad FM on serving and involving young people and the varieties of specialist music it proposes playing should ensure that it offers the community a distinctive service (1c). The group has conducted a feasibility study and has the support of a range of organisations including proposals fo r collaborative working with community groups (1d). As a current accredited training provider the group has put forward sound proposals for formal and informal training and welcomes all members of the community to its community radio activities (1e and 1g).

Penistone Community Radio
Penistone Community Radio will serve the community of Penistone in Yorkshire . The station broadcasts online and has run an RSL, and in addition the board is experienced at running small-scale radio on modest budgets through work with Barnsley Hospital Radio and RSLs (section 105(1a)). The group has strong community links, collaborating with local groups and getting the support of local businesses (1d). The station will encourage debate on air and seek to report a range of viewpoints; it will also run a ‘community action desk’ – a telephone and online directory of relevant community activity (1e). The group has ensured that it will be accountable to the community through mechanisms such as a structured listeners’ panel (drawn from ordinary members of the public) and community panel (drawn from community groups) (1f).

Flame CCR (the Wirral)
Flame Christian Community Radio will serve the Christian community on the Wirral. The station is an experienced group that has previously run 14 RSLs in the area and has established financial support (section 105(1a)). It has good support from a number of organisations representing a wide cross-section of the target Christian community (1d). Its proposals include programming and activity that will strengthen links within the target community and it has established training partnerships with a number of organisations (1e). Its Christian themed output and programming for local minority ethnic communities should be distinctive and will help broaden the choice available locally whilst serving an underserved community (1c and 1e).

Statutory requirements relating to community radio licensing

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

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

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) BA 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.

The characteristics of a community radio service

In respect of the licensing of community radio services in particular, all community radio licensees must satisfy 'characteristics of service' requirements which are specified in Article 3 of the Community Radio Order. The characteristics of community radio services are:

• That they are local services provided primarily for the good of members of the public, or of particular communities, and in order to deliver social gain, rather than primarily for commercial reasons or for the financial or other material gain of the individuals involved in providing the service;
• That the service is intended primarily to serve one or more communities (whether or not it also serves other members of the public);
• That the person providing the service does not do so in order to make a financial profit by so doing, and uses any profit that is produced in the provision of the service wholly and exclusively for securing or improving the future provision of the service, or for the delivery of social gain to members of the public or the community that the service is intended to serve;
• That members of the community it is intended to serve are given opportunities to participate in the operation and management of the service;
• That, in respect of the provision of that service, the person providing the service makes himself accountable to the community that the service is intended to serve.

Article 2 of the Community Radio Order includes four mandatory “social gain” objectives. ”Social gain” means the achievement, in respect of individuals or groups of individuals in the community that the service is intended to serve, or in respect of other members of the public, of the following objectives:

• the provision of sound broadcasting services to individuals who are otherwise underserved by such services,
• the facilitation of discussion and the expression of opinion,
• the provision (whether by means of programmes included in the service or otherwise) of education or training to individuals not employed by the person providing the service, and
• the better understanding of the particular community and the strengthening of links within it.

Article 2 also includes a number of other objectives of a social nature which may be considered to represent "social gain".

Specific community radio licence award criteria

There are seven specific selection criteria set out in section 105(1) BA 1990 that Ofcom must have regard to when considering whether to make a community radio licence award. In summary these are:

• The ability of each applicant to maintain its proposed service over the licence period (section 105(1)(a));
• The applicant’s ability to cater for the tastes and interests of the target community (section 105(1)(b));
• The extent to which each applicant would broaden the range of local radio services available in the area, and have a content distinct from those services (section 105(1)(c));
• The extent to which there is evidence of local demand or support for a proposed service (section 105(1)(d));
• The extent to which the service would deliver social gain benefits to the public or relevant community (section 105(1)(e));
• Provisions for making the operator of service accountable to the relevant community (section 105(1)(f));
• Provisions for allowing access by members of the public or the relevant community to the station facilities, and the provision of training in the use of those facilities (section 105(1)(g)).

Considering whether, or to whom (and on what conditions), to grant a community radio licence, Ofcom must also have regard to the need to ensure that any service provided under that licence does not prejudice unduly the economic viability of any other local service. Sections 105(4) to (6) BA 1990 require Ofcom:

• not to grant a community radio licence which would overlap with a commercial radio service serving no more than 50,000 persons of 15 years or older;
• to prohibit paid advertising and sponsorship of programmes in respect of any community radio service where that service overlaps with any other local radio service serving between 50,000 and 150,000 persons of 15 years or older; and
• in all other cases, to prohibit any community radio service from receiving an appropriate proportion (at least 50%) of relevant income from paid advertising and sponsorship of programmes.

For the avoidance of doubt, programme sponsorship includes station or channel sponsorship.

Ofcom is also prohibited, by subsection 2 of section 105, from granting a licence to any applicant who proposes to receive from any one person (or company) more than 50% of its annual funding.

Process for assessment of applications

On 4 April 2007 Ofcom invited applications for licences to provide community radio services in locations in Yorkshire (including the unitary authorities of York, East Riding of Yorkshire and City of Kingston upon Hull; the metropolitan counties of South Yorkshire and West Yorkshire; and Selby district council). These licences were offered for the provision of services on either the FM (VHF) or AM (medium wave) wavebands, with the exception of the Leeds Metropolitan District area for which licences were only available on AM. The invitation did not specify the locations of services, but left it for applicants to decide where they wanted to be located.

Ofcom received twelve applications, the non-confidential sections of which were made available for public scrutiny on our website. Five applications were considered by RLC at its October meeting, one at its November meeting and the final six were considered at its December meeting.

On 25 July 2007 Ofcom invited applications for licences to provide community radio services in locations in north Wales (defined as all parts of Wales north of a line drawn between where Ceredigion borders Gwynedd and where Powys, Shropshire and Herefordshire meet) and northwest England (including Cheshire, Merseyside, Greater Manchester and Lancashire). These licences were offered for the provision of services on either the FM (VHF) or AM (medium wave) wavebands, with the exception of the Vale Royal District in Cheshire, the Chorley District in Lancashire, Oldham Metropolitan District, Tameside District and Wirral Metropolitan District for which licences were only available on AM. The invitation did not specify the locations of services, but left it for applicants to decide where they wanted to be located.

Ofcom received 24 applications, the non-confidential sections of which were made available for public scrutiny on our website. Three applications were considered by RLC at its December meeting, leaving a further 21 applications from this region still to be considered for licence award.

The membership of the RLC for the licence awards detailed above was as follows:

Philip Graf, Ofcom Deputy Chairman (Chair)
Joyce Taylor, Content Board Member for Scotland
Peter Davies, Director, Radio & Convergent Media
Peter Bury , Director of Strategic Resources
Martin Campbell , Chief Adviser, Radio
Neil Stock, Head of Radio

A summary and assessment of each application was presented to the RLC at its meeting on Thursday 13 December 2007. These papers summarised the proposals put forward by the applicants as they relate to the statutory criteria, and highlighted any issues of relevance under those criteria.

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