Home > Radio > Information about stations and licensing > Radio Broadcast Licensing > Community Radio > The Licensing Process > Awards of community radio licences > November 2007

Ofcom's Radio Licensing Committee ('RLC') has awarded one community radio licence in November, to Radio JCom in Leeds.

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 the applicant awarded a licence met these 'characteristics of service'. In addition, the 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 decision to award a licence to the applicant, 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.)

Radio JCom will have a condition in its licence restricting annual income from the sale of advertising and/or programme/station sponsorship to a maximum of 50% of annual income (as that term is defined in the legislation), in accordance with sections 105(4) and 105(6) BA 1990. RLC considered that the proposed new service would not prejudice unduly the economic viability of any other local service (section 105(3) BA 1990).

Applicant awarded a licence

Ofcom's Radio Licensing Committee made a licence award to Radio JCom in Leeds. The service will be licensed for a period of five years from the date of its launch. It will operate on AM (medium wave).

Radio JCom will serve the Jewish community in Leeds. Directors of the group have experience in broadcasting, journalism, business and community work (section 105(1a)). The station will operate from a community centre in the Leeds postal district of LS17, an area which has a sizeable Jewish population (1a). The applicant proposes a range of programmes, including output for different interest groups within the community, such as young people and the elderly, and programmes covering sports and culture (1b). Some output will be produced by local Jewish organisations (1b). The application is supported by a range of community organisations, some of which have confirmed in-kind support to the station (1a and 1d). A range of appropriate accountability proposals has been put forward (1f). The applicant is keen to involve individuals and organisations in the station, with 50 volunteers expected to be involved in the first year, and training to be offered to all participants (1g).

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 and one at its November meeting, leaving a further six applications from this region still to be considered for licence award.

The membership of the RLC for the licence award to Radio JCom was as follows:

Philip Graf, Ofcom Deputy Chairman (Chair)
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 the application was presented to the RLC at its meeting on Thursday 8 November 2007. These papers summarised the proposals put forward by the applicant as they relate to the statutory criteria, and highlighted any issues of relevance under those criteria.

November 2007

Back to top