Home > Radio > Information about stations and licensing > Radio Broadcast Licensing > Community Radio > The Licensing Process > Awards > November 2005

Seven community radio licence awards: November 2005

Ofcom's Radio Licensing Committee ('RLC') made decisions relating to a total of ten applications for community radio licences at its meeting on 7 November 2005. Seven community radio licences were awarded and the reasons for award in each case are summarised below. The remaining three applicants were not awarded a community radio licence.

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 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).

The applicants

Ofcom's Radio Licensing Committee considered applications from a variety of locations and made final award decisions in respect of the following applicants:

Toradio (Torfaen, South Wales)
Now Radio (Wigan, Lancashire)
Ness Community Radio (Inverness)
Gloucester FM (Gloucester)
Radio CD (Oxford)
Seaside Radio (Withernsea, East Yorkshire)
CBIT (Newcastle-Upon-Tyne)
LVR FM (Kirkby Lonsdale, Cumbria)
Lionheart Radio (Alnwick, Northumberland)
Youth Community Radio (Worcester)

Licences were awarded to the following seven applicants:

Toradio (Torfaen, South Wales):

This group will serve the geographically based community in Pontypool, Cwmbran and surrounding areas. It is proposing programming which will broaden choice locally (1c) and its members have strong community links allowing the group to demonstrate high levels of support for its proposed broadcasting activities (1d). Training and development objectives are clearly defined (1e) and (1g), and the group has put forward well thought-through proposals to ensure its accountability to its target community (1f).

Gloucester FM (Gloucester):

This group will serve the black and other ethnic minority communities in the city of Gloucester. The group has secured funding and has relevant broadcasting experience (1a). Its programming proposals will broaden choice locally (1c), and it has been able to demonstrate considerable demand and support for its service (1d). The group's plans to provide training and access were also strong (1e) and (1g).

Seaside Radio (Withernsea, East Yorkshire):

This group will serve the rurally isolated community on the coastal strip surrounding Withernsea in the East Ridings of East Yorkshire. This group has relevant broadcasting experience and already employs a full-time project manager (1a). Plans to deliver 'social gain', and in particular training, are well-developed (1e), as are structures for ensuring accountability to the target community (1f). This group's proposals are also particularly strong in relation to ensuring access to, and training in, the use of its broadcasting facilities (1g).

CBIT (Newcastle-Upon-Tyne):

This group has considerable broadcasting experience locally (1a), and intends to provide a range of training opportunities as part of its 'social gain' objectives (1e). Its plans to ensure accountability to the target community (1f) together with its proposals for ensuring access to, and training in, the use of broadcasting facilities (1g) are also strong.

LVR FM (Kirkby Lonsdale, Cumbria):

This group will serve the market town of Kirkby Lonsdale and the surrounding area. Directors of this group have a diverse range of broadcasting experience (1a) and they set out proposals to provide programming which would cater for the tastes and interests of the target community (1b) and broaden choice locally (1c). The group has also been able to demonstrate local support for its proposals (1d) which include the delivery of a diverse range of 'social gain' objectives (1e) and ensuring its accountability to the target community (1f).

Lionheart Radio (Alnwick, Northumberland):

Serving the town of Alnwick and its surrounds, this group has local broadcasting experience as well as broadcast and management experience at board level (1a). Programming proposals are relevant to the target community (1b) and the group demonstrates considerable local demand and support (1d). Proposals to deliver 'social gain', in particular relating to training (1e), are also strong.

Youth Community Radio (Worcester):

Serving 11 to 25-year-olds in the city of Worcester, this group is well-funded and has relevant local broadcasting experience (1a). Its programming proposals will cater for the tastes and interests of the target community (1b) and will broaden choice locally (1c). The group demonstrates clear demand and support for its service (1d) and has well-developed proposals to ensure its accountability to the target community (1f).

Each of the above community radio services will be licensed on FM for a five-year period.

In addition to the above, the RLC decided not to award a licence to three applicants. These are Now Radio (Wigan, Lancashire), Ness Community Radio (Inverness) and Radio CD (Oxford).

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:

www.ofcom.org.uk/radio/ifi/rl/commun_radio/

Statutory requirements relating to community radio licensing

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 are currently 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 by early 2006.

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

Ian Hargreaves (Chair)
Kip Meek, Chief Policy Partner (Co-chair)
Pam Giddy, Content Board Member
Matthew MacIver, Content Board member for Scotland
Peter Bury, Director of Strategic Resources, Competition and Markets
Martin Campbell, Head of Radio Content Team
Peter Davies, Director, Radio & Multimedia
Neil Stock, Head of Radio Planning & Licensing

A summary and assessment of each application was presented to the RLC at its meeting on 7 November 2005. 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.

November 2005