Dear Sir, Ref. your question in Ofcoms' Consultative Document "Are there any particular needs not being addressed?"

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1 Radio Cracker Ballymena. Mr Robin Foster, Partner, Strategy Development, Ofcom, 2a Southwark Bridge Road, LONDON. SE1 9HA 16th Feb 2004 Dear Sir, Ref. your question in Ofcoms' Consultative Document "Are there any particular needs not being addressed?" I write on behalf of a group of 'citizen-consumers' who also form an interested party, ie during December for the past 12 years we have been "the innovators, creators and investors" in a RSL station and we have declared an interest in Access / Community Radio. The consultation document is a very comprehensive one but inevitably there must be some particular needs that are not being addressed at this time and smile of the statements need to be clarified: There are comments and notes to the effect that they will be the subject of separate consultations in due course but it is important for the continuing future of our operation, and perhaps others, that they should be resolved sooner rather than later and it is with regard to them that I write. One of your stated objectives is "maximising choice for listeners and catering for tastes and interests of local people"

2 With approx 160 volunteers Radio Cracker has already been carrying out that objective by operating a very successful RSL station for the past 12 years, (13 broadcasts), catering for the tastes, traditions and accents of an area that has a predominant Ulster-Scots culture. The station was set up to provide entertainment for the community and any money brought in by way of advertising and other fund raising activities went to Third World relief and development agencies. The overwhelming success of our efforts can be gauged by the amount of money we have raised. In the first year it was 17,500. Last year this had gone up to 103,000, with well over half a million pounds in total. Two years ago the Ballymena Borough Council officially recognised the community aspect of our work by re-equipping our studio. We have proved that we are a practical community radio station, supported by all classes and creeds. The leading Northern Ireland morning newspaper, 'The News Letter', featured our success in the leading article of their Editorial, as well as in a quarter page report, and a BBC programme described Radio Cracker as "a Ballymena Institution." If Of co m follows the time table set out by the Radio Authority one of the next local stations to be advertised is Ballymena. The consultative document states that:- "Community radio should be rolled out at the same time as commercial radio is developed" "Community radio should be rolled out in tandem with future development of commercial radio" "Three types of service (ie commercial, community and RSL) can be developed alongside each other providing choice for listeners. In the light of this we would draw your attention to an item in the Notes for Guidance (Par 9) issued by the former Radio Authority. This states that for a period they would be unwilling to grant any RSL's in an area served by a new station. This could not always be adhered to if the above plans and your other stated objectives, "maximising choice for local people" and "fair and effective competition", are to be achieved.

3 We can understand this expectation when it is in relation to a new RSL trying to come on air in opposition to a new commercial station but in this case it is the opposite to this and the uniqueness of the situation deserves special measures. We have pioneered local radio in this area. Through our hard work over 12 years we have sold the concept of radio advertising to the small "moma and pappa' family outfits that could not afford to advertise with the larger regional stations in Northern Ireland. If another group who see our success wish to cut in and invest in the hope of making a profit, that is their business and acceptable as long as it is on a level playing field, but we are not the one that is cutting in, we are the established operation and it would be anti-competitive and an infringement of our human rights to put us off the air. The old Radio Authority notes contain the words 'not', 'must' and 'are required to' but in Par. 9 it states that they 'will be unwilling' to grant a RSL, so it was not set in stone and the new broom of Ofcom can make its own decisions in situations where "it considers there to be a convincing rationale for doing so in the particular circumstance of the case". We are a "particular circumstance" and as part of your strategic review we therefore request Ofcom to address this problem so that we will have the opportunity of continuing to apply for a licence and Ofcom can fulfil its own objective of "ensuring sufficient flexibility of approach to allow competition to flourish in the market place", as well as being for the "ultimate benefit of the citizen-consumer". No benefit would be derived by doing away with an operation that is already, in its own small way, fulfilling the objectives that Ofcom seeks to establish throughout the UK, in fact the opposite would be the case. Even if Ofcom cannot, or do not want to change the overall ruling, they can exercise their authority by being 'willing' to remove the restriction in this unique situation. The reason behind the recommendation was to allow a new station to get established. Any new licensee will surely be expected to work within your stated policy of "fair and effective competition" and the suggested timetable for a new licence indicates that if one is granted to Ballymena the licensee should be ready to start early in This would give them the remainder of the year to consolidate

4 their position and should give them ample time to establish a regular list of advertisers if our RSL station is to return in December 2005, to service the other small businesses who could not afford highly priced radio advertising. Also, in the short term, it is highly improbable, if not impossible because of the time factor, for a new station to start before December, It would therefore seem reasonable to grant the application that Radio Cracker has already submitted for a Restricted Service Licence for this year, ie, starting at the end of November < when neither of the stations would be in competition with the other. Other parts of the document that need clarification are those that refer to "local." In the summary there is mention of "guidance on localness as required by legislation" and there are other mentions of "local". Is the main consideration "a commercial station" or "a local station", ie. a station run by local people for local people? The geographical meaning of "local" will be set out in the advert for the area expected to be covered by a licence but, especially with a small scale station, the word requires definition with regard to the group of people who are behind any application. eg In our own local area --, an outside body seeking to provide a local commercial service would have difficulty in appreciating the distinctive Ulster-Scots culture that prevails in much of the area's rural population. The district was settled mainly by people from the lowlands of Scotland and because of the Presbyterian heritage that they brought with them, the district is still known as 'The Bible Belt of Northern Ireland'. The Ulster Scots Agency has recently launched an initiative to work in schools and other places in the district seeking to emphasise its language, music and culture and it would be a problem for unsympathetic outsiders to fulfil the stated objective of helping "to secure its local character"', even if they brought in a few locals as Directors. This could happen in many other rural areas so it would probably be better if the term "local", where it refers to the operators, was defined before applications for a small scale local licence were invited.

5 You were asking for general needs that are not being addressed and although the issues we have highlighted are more local they do affect "citizen-consumers" and they could concern others at some time in the future so it would probably be better to attend to them along with the other more important items. Y ours sincerely Jack Adams Radio Cracker Co-ordinator.

6 RADIO AUTHORITY 25 September 1998 Mr Jack Adams 40 Tullymore Park Ballymena Co Antrim BT42 2AD Dear Mr Adams, I have pleasure in enclosing your restricted service licence for the period 26 September to 16 October 1998, in Ballymena, broadcasting on the designated frequency of MHz, together with your Wireless Telegraphy Act licence. I also enclose a copy of the Programme Code and the Advertising and Sponsorship Code. Yours sincerely, Allison Barrow Radio Development Assistant