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At its meeting on Thursday 9 March, Ofcom's Radio Licensing Committee ('RLC') awarded nine 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 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).

Groups awarded a licence

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

1. Hope FM (Bournemouth, Dorset)
2. Branch FM (Dewsbury, West Yorkshire)
3. Ipswich Community Radio (Ipswich, Suffolk)
4. Siren FM (Lincoln, Lincolnshire)
5. Diverse FM (Luton, Bedfordshire)
6. Castledown Radio (Salisbury Plain, Wiltshire)
7. Salisbury Plain Army Radio (Salisbury Plain, Wiltshire)
8. Radio Verulam (St. Albans, Hertfordshire)
9. Calon FM (Wrexham, North East Wales)

Hope FM (Bournemouth): With local RSL experience and relevant expertise at board level (1a), this group has clearly defined its target community of interest (1b) and proposes relevant Christian-based programming (1c). 'Social gain' delivery proposals are bolstered by particularly strong evidence of demand and support (1d) and the group's proposals to ensure its accountability to members of the target community (1f).

Branch FM (Dewsbury): This Christian-based group has considerable experience of working with its faith-based community locally including through the operation of short-term RSL services and broadcasting via the internet (1a) This group has good links with its target community (1b), relevant programming proposals (1c) as well as appropriate mechanisms for the delivery of 'social gain' (1e).

Ipswich Community Radio: This long-established, well-resourced, group has considerable RSL broadcasting experience locally (1a). With a well-defined community focus (1b) and sensible 'social gain' objectives (1e), this group's plans for ensuring its accountability (1f) and the provision of access (1g) are also strong.

Siren FM (Lincoln): This university-based group sets out well-resourced proposals (1a) which are carefully focused on the interests of students, school children and young people in the City of Lincoln (1b). Its programming proposals are considered appropriate for the target community (1b), expected to broaden choice (1c) and are well supported (1d). This group also sets out relevant community outreach provisions (1e) and accountability proposals (1f).

Diverse FM (Luton): Short-term RSL broadcasting experience (1a) underpins this generally strong application from a group with focused proposals seeking to serve the diverse population of Luton (1b). Its proposals are well-supported (1d), and are particularly strong in relation to the delivery of 'social gain' (1e), as well as accountability (1f) and access (1g).

Castledown Radio (Salisbury Plain): This station seeks to serve both military and non-military residents within Tidworth and its immediate surrounds on Salisbury Plain. An established community-based voluntary sector organisation (1a), that is able to demonstrate local demand and support for its proposals (1d) this group's proposals are particularly strong in relation to ensuring accountability (1f) and providing access to its facilities (1g).

Salisbury Plain Army Radio: An experienced broadcaster, currently operating a long-term AM RSL in the area, this group has studio facilities already operational locally (1a). Seeking to serve military personnel in Bulford and its surrounds, this group has firm links within the wider military community (1b) which underpin the high level of support apparent in this application (1d). A structured training programme for volunteers has been developed (1e and 1g), as have measures to ensure accountability to members of the target community (1f).

Radio Verulam (St. Albans): This long-established group, with considerable short-term RSL and internet broadcasting experience (1a), has developed diverse programming proposals relevant to the target community (1b). This group also sets out proposals which demonstrate a wide range of well-developed linkages with its target community (1d and 1e) and a particular strength is its proposals for ensuring accountability to members of that community (1f).

Calon FM (Wrexham, North East Wales): Supported by NEWI (North East Wales Institute of Higher Education) and with some short-term RSL broadcasting experience (1a), this group has good links with, and support from, its target community (1b & 1d). Proactively encouraging both volunteering and work placements, this group's proposals were particularly strong in relation to the delivery of social gain (1e), as well as ensuring accountability to members of the target community (1f) and providing access to facilities (1g).

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

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)
Pam Giddy, Content Board Member
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 9 March 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.

March 2006

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