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At its meeting on Thursday 8 March, Ofcom's Radio Licensing Committee ('RLC') awarded seven community radio licences.

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 no particular order):

1. Ujima Radio (St Paul’s and Easton, Bristol)
2. Glastonbury FM (Glastonbury, Somerset)
3. ECFM (Exeter, Devon)
4. Community Radio Swindon (Swindon, Wiltshire)
5. The Bay (Poole, Dorset)
6. Aspire FM (Poole, Dorset)
7. Bro Radio (Barry, Vale of Glamorgan)

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

Ujima Radio (St Paul’s and Easton, Bristol)
Ujima Radio will provide a service for disadvantaged groups in St Paul’s and Easton, particularly persons of black and minority ethnic origin. The applicant group has many years’ experience as a training provider within its target community and also has broadcasting experience (1a). The group has a clear mission to deliver social gain through improving the employment, education and training opportunities of disadvantaged members of the community and has innovative ideas to document the experience of older people within the minority ethnic communities in the target area (1e). The group has built partnerships with, and has the support of, a wide range of community groups (1d). It will provide many opportunities for access and participation (1g).

Glastonbury FM (Glastonbury, Street and surrounding areas)
Glastonbury FM proposes to serve the community of Glastonbury, Wells and surrounds as a whole. This group has gained experience through operating a number of successful temporary restricted service licences (RSLs) which have engaged with many members of the community and local organisations (1a). Its programming proposals will broaden choice by providing a clear local alternative (1c) and will reflect the diverse tastes present within the licensed area (1b). In terms of access and participation, community groups and volunteers will play a key role in the operation of the station and its output (1g). The diversity of the board, management group and steering committee will help to ensure the station is fully accountable to the community (1f).

ECFM (Exeter)
ECFM’s target community is those interested in alternative arts and local interest programming. It proposes a distinct music and arts-based service for Exeter, which will broaden choice locally (1b & 1c). The applicant has gained experience through running RSLs for the annual Vibraphonic music festival, and the board has connections with the local arts scene and community projects (1a). Clear training plans are proposed, to be delivered in partnership with a local college (1e).

Community Radio Swindon
This applicant sets out plans for a community radio station to serve Swindon, including the underserved communities within it. The directors have experience in broadcasting, management and fundraising and have set out clear community objectives and involvement with a wide range of local groups (1a & 1e). A range of appropriate funders has been identified (1a). The group demonstrated a high level of support from within the target community (1d). Programme proposals are grouped around the themes of arts, community, education and music and the community focus of the proposed output would generally broaden choice against existing stations (1b &1c).

The Bay (Poole)
The Bay will aim to serve all the residents of Poole. Members of this group have broadcasting experience (1a). A considerable amount of pre-launch funding and in-kind support has already been secured (1a). The application demonstrates a clear understanding of the target community through a combination of local knowledge and research (1b). The group has established a wide range of appropriate links with organisations within the local community, including educational establishments. Such links are likely to enhance the group's ability to deliver against its 'social gain' objectives (1a).

Aspire FM (Poole)
Aspire FM’s target communities are students at Bournemouth & Poole College, adults with basic levels of literacy, and migrant workers. The group proposes building a community service on the foundations of a well-established educational institution, and has sound finances and other support in place (1a). The service will provide an educational tool for those already engaged in learning in Poole, as well as seeking to increase participation in education and support life-long learning (1c & 1e).

Bro Radio (Barry)
Bro Radio is targeted at the Barry community as a whole. The applicant group brings together a broad range of skills and abilities from the voluntary, broadcast and business sectors, and has fundraising experience (1a). It has a core focus on local output which will broaden choice in Barry (1c), with a service of locally relevant speech and music (1b). It also aims to ensure that local people and organisations become engaged with the service (1g), and for the service to be a part of the economic and social development of the area. Agreement has been reached with two nearby universities for the provision of training courses (1e & 1g).

The RLC was satisfied that, with the exception of ECFM in Exeter, Devon, and Community Radio Swindon in Swindon, Wiltshire, each group awarded a licence should be allowed to seek up to 50% of its annual income 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).

ECFM (Exeter, Devon) will have a condition in its licence prohibiting income from the sale of advertising or programme or station sponsorship. This is because the coverage of the service falls within the coverage area of a local radio service expected to have more than 50,000, but fewer than 150,000, adults living in its measured coverage area (Exeter FM. The adult population figure for this service is subject to confirmation). Under the legisation, community radio services in such areas are prevented from seeking advertising and programme or station sponsorship revenue (section 105(4)(b)) if the coverage of the two stations overlaps by 50% or more in terms of adult (15+) population.

Community Radio Swindon (Swindon, Wiltshire) will have a condition in its licence prohibiting income from the sale of advertising or programme or station sponsorship. This is because the coverage of the service falls within the existing coverage area of a local radio service with more than 50,000, but fewer than 150,000, adults living in its measured coverage area (Brunel FM). Under the legisation, community radio services in such areas are prevented from seeking advertising and programme or station sponsorship revenue (section 105(4)(b)) if the coverage of the two stations overlaps by 50% or more in terms of adult (15+) population.

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 16 August 2006 Ofcom invited applications for licences to provide community radio services in locations in the southwest of England and south/mid Wales. These licences were offered for the provision of services on either the FM (VHF) or AM (medium wave) wavebands. The invitation did not specify the locations of services, but left it for applicants to decide where they wanted to be located.

Ofcom received 21 applications, the non-confidential sections of which were made available for public scrutiny on our website. Licence awards were made by the RLC in January and February. The awards made in March conclude the licensing decisions for this region.

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

Ian Hargreaves, Board Member (Chair)
Tim Suter, Partner, Content & Standards
Joyce Taylor, Content Board Member for Scotland
Pam Giddy, Content Board Member
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 8 March 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.

March 2007

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