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

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

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 north and north-east England (in no particular order):

1. Radio Hartlepool (Hartlepool)
2. Bishop FM (Bishop Auckland)
3. Catterick Garrison FM (Catterick Garrison)
4. Drystone Radio (South Craven, North Yorkshire)

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

Radio Hartlepool, Bishop FM and Drystone Radio will each have a condition in their 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 these proposed new services would not prejudice unduly the economic viability of any other local service (section 105(3) BA 1990).

With regard to Catterick Garrison FM, the RLC had some concerns that this service may prejudice unduly the economic viability of another local service (section 105(3) BA 1990). Therefore, and in accordance with sections 105(4) and 105(6) BA 1990, the RLC decided to grant a licence with a condition prohibiting the annual income which Catterick Garrison FM may seek from the sale of advertising and programme/station sponsorship to 25% of its annual income. This is in line with the applicant’s financial projections.

Radio Hartlepool (Hartlepool)
Radio Hartlepool will aim to serve and deliver social gain to the whole community of Hartlepool. The group has gained considerable experience and support through four temporary restricted service (RSL) radio broadcasts and maintaining a high profile at local events, and the local board brings a range of established community links (1a and 1d). It already owns some equipment and has some funding secured (1a). The group’s training plans are strong, and include accredited training for volunteers (1e). With regard to accountability, clear formal mechanisms are planned for members of the public to contact the station with suggestions or complaints and a listener panel is proposed (1f).

Bishop FM (Bishop Auckland)
Bishop FM will serve the community of Bishop Auckland and surrounding areas. The group has recruited a large number of volunteers and individual members have broadcasting experience in a range of roles, as well as other relevant experience (1a). Various sub-committees are focussing on different tasks and the group has been successful in attracting start-up grants (1a). It demonstrates a range of appropriate community links, and has provided numerous letters of support to back its claim to be supported by a range of relevant stakeholders. It has also conducted some research into what the target community wants (1d). The applicant has provided evidence of good links with local training providers and a grant has facilitated the development of a comprehensive training programme (1e).

Catterick Garrison FM (Catterick Garrison)
This applicant proposes to provide a service for soldiers, their families and MoD civilians living and working within the army community in Catterick Garrison (which the applicant states is Europe’s largest garrison), Waitwith Camp, Marne Barracks and the surrounding area. The applicant currently provides a long-term low-power RSL service on AM to Catterick Garrison and would be building on the existing service to increase reach to the target community (1a). Studio and premises are already in place and 64% of year one funding is secured (1a). The applicant demonstrates a clear understanding of the needs of the community to be served. Speech output and social gain proposals, for example, are clearly targeted at army and associated personnel (1b and 1e). Demand for the service has been evidenced through independent surveys carried out in the garrison (1d) as well as some letters of support. A number of accountability proposals are set out, including further research (1f).

Drystone Radio (South Craven, North Yorkshire)
Drystone Radio will provide the South Craven area with a community radio service that broadcasts to the whole community. The applicant currently runs an internet radio station, and has run one RSL (1a). Its directors and members have a range of appropriate experience (1a). The group has some existing assets, and has secured a grant to cover the remaining pre-launch funding it requires (1a). It has demonstrated both community links and support for the application (1d). The applicant has conducted surveys of its target community and identified groups which feel isolated in this rural area. It will target specific training and output for these groups (1e). Informal training will be given to all volunteers, and the group has already established a training relationship with a number of local organisations (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 3 January 2007 Ofcom invited applications for licences to provide community radio services in locations in north and north east England (including North Yorkshire). 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 seven applications, the non-confidential sections of which were made available for public scrutiny on our website. The first three licence awards resulting from the applications were made by RLC at its September meeting. The remaining four applications were considered at the RLC’s October meeting.

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
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 11 October 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.

Back to top