[cma-l] Community Radio and Ofcom's requirements

[jaqui devereux]

Dear all

We write to remind you all of the need to submit all your reports to Ofcom
in good time - the latest Ofcom Broadcast Bulletin has found 17 community
stations in breach of their licence conditions, mostly due to late
submission of reports and information.  If you need help or advice on this
or any other matters please do contact the CMA and we will do our best to
assist.

We would encourage all stations to read the Bulletin on a regular basis as
it can be a useful tool to help when training your volunteers to reinforce
what they can and cannot do.

Please find below Ofcom's preamble in the latest Bulletin:

"Community radio stations are, under the terms of The Community Radio Order
2004 ("the Order"), defined as local radio stations provided primarily for
the good of members of the public or for a particular community, rather than
primarily for commercial reasons. They are also required to deliver social
gain, be run on a not-for-profit basis, involve members of their target
communities and be accountable to the communities they serve.

Anyone applying for a community radio licence is required to set out
proposals as to how they will meet these various statutory
requirements. If they are awarded a licence, their proposals are then
included in their licence so as to ensure their continued delivery.
This part of a community radio station's licence is known as the 'key
commitments'.

Given that each station's 'key commitments' are designed to ensure that the
station continues to provide the service for which it has
been licensed, it is of fundamental importance that Ofcom is able to monitor
delivery of these 'key commitments'. Licensees are therefore required to
submit an annual report setting out how they have been meeting their licence
obligations.

In addition to the requirements set out above, there are also statutory
restrictions on the funding of community radio stations
(section 105(6) of the Broadcasting Act 1990, as modified by the Community
Radio Order 2004). Specifically, no community radio station is allowed to
generate more than 50% of its annual income from the sale of on-air
advertising and sponsorship. In certain circumstances, some stations are not
allowed to carry any paid for advertising or sponsorship.

Like the 'key commitments' explained above, it is of fundamental importance
that Ofcom is able to verify that a licensee is complying
with its licence requirements relating to funding. In this respect too, we
require licensees to submit an annual report setting out how
they have met their licence obligations.

Station annual reports also inform Ofcom"s own annual report on the sector
and late submission of annual reports from individual stations impacts on
this.

Failure by a licensee to submit an annual report when required represents a
serious and fundamental breach of a community radio
licence, as the absence of the information contained in the report means
that Ofcom is unable properly to carry out its regulatory
duties."

Please do not hesitate to contact us if yo have any queries,

Best wishes

Jaqui

-- 
Jaqui Devereux
Director, Community Media Association
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