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At its meeting on Thursday 13 April, Ofcom's Radio Licensing Committee ('RLC') awarded six 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 groups 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 of the BA 1990 is noted in brackets.

Finally, the RLC was satisfied that, with the exception of 209radio in Cambridge, each group awarded a licence should be allowed to seek up to 50% of its annual income from the sale of advertising or programme 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).

209radio (Cambridge) will have a condition in its licence prohibiting income from the sale of advertising or programme 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 (Star 107). Under the legisation, community radio services in such areas are prevented from seeking advertising and programme sponsorship revenue (section 105(4)(b)) if the coverage of the two stations overlaps by 50% or more in terms of adult (15+) population.

Groups awarded a licence

Ofcom's Radio Licensing Committee made licence awards to the following applicants:

1. Aldershot Army Radio (Aldershot, Hampshire)
2. Beats FM (Cardiff)
3. Cross Rhythms Teesside (Stockton on Tees)
4. Pendle Community Radio (Nelson, Lancashire)
5. Trust FM (Chesterfield)
6. 209radio (Cambridge)

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

Aldershot Army Radio (Aldershot, Hampshire): This group will serve soldiers, their families and other Ministry of Defence personnel. Supported by experienced broadcasters and well-resourced (1a), it will broadcast programming relevant to its specific target community (1b). Demonstrating a high level of demand and support for its proposals (1d), this group includes strong proposals for the provision of training (1e) as well as appropriate mechanisms by which to ensure its accountability (1f) as well as the provision of access to, and training in, the use of its broadcasting facilities (1g).

Beats FM (Cardiff): With over ten years of RSL broadcasting experience and a consequently experienced management team (1a), this group has put together programming proposals considered to be highly relevant to members of its target community (1b). Offering content which would broaden choice locally (1c), this group's proposals were well supported (1d). Social gain objectives, and particularly mechanisms for the delivery of training, were considered to be both appropriate and well-developed (1e). Accountability proposals (1f) and mechanisms to ensure the provision of access to, and training in, the use of the group's technical facilities (1g) were also considered excellent.

Cross Rhythms Teesside (Stockton on Tees): Broadcasting to the Christian community within Stockton-on-Tees, this group has put forward sensible proposals which are clearly focused on its target community (1b), that would broaden choice (1c), and which were considered to be well-supported (1d). Proposals in relation to social gain (1e), accountability (1f) as well as access to, and training in the use of broadcasting facilities (1g) were each considered to be adequate.

Pendle Community Radio (Nelson, Lancashire): This well-resourced group with RSL broadcasting experience (1a) will serve the Pakistani 'community of interest' in Nelson. Programming proposals were considered to be relevant to members of the target community (1b) and likely to broaden choice in the locality (1c). Social gain (1e), and accountability proposals (1f), as well as mechanisms by which to ensure access to, and training in, the use of broadcasting facilities (1g), were each considered to be strong.

Trust FM (Chesterfield): With both RSL and hospital radio experience (1a) underpinning its application, this group put forward programming proposals which were considered likely to be of relevance to members of its target community (1b). With appropriate levels of local support for its proposed service (1d) this group's social gain objectives, especially with regard to the provision of training and to the strengthening of links within the target community, were considered to be strong (1e). Accountability mechanisms (1f) were considered to be adequate, and its approach to ensuring access to, and training in, the use of its technical facilities was felt to be strong (1g).

209radio (Cambridge): With both internet and RSL broadcasting experience as well as a strong management team (1a), this group demonstrated strong levels of support for its proposals (1d). Training proposals, as well as social gain proposals more generally, were considered to be both appropriate and well-developed (1e). In addition, this group demonstrated clear ambitions to involve members of the target community at all levels of its operation (1f).

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.

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 commercial 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.

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 1 September 2004 Ofcom invited applications for licences to provide community radio services in most parts of the United Kingdom. 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 194 applications, the non-confidential sections of which were made available for public scrutiny on the Ofcom website.

Given the large number of applications received for community radio licences, Ofcom decided to assess them in order of priority by first considering applications in areas where the 14 pilot community radio (formerly known as 'Access Radio') stations were broadcasting, before moving on to look at applications for areas not involved in the pilot scheme. Ofcom expects to complete this round of the community radio awards process shortly.

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

Ian Hargreaves, Board Member (Chair)
Matthew MacIver, Content Board member for Scotland
Tim Suter, Partner, Content & Standards
Peter Bury, Director of Strategic Resources
Peter Davies, Director, Radio & Multimedia
Neil Stock, Head of Radio Planning & Licensing
Martin Campbell, Head of Radio Content

A summary and assessment of each application was presented to the RLC at its meeting on Thursday 13 April 2006. 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.

April 2006

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