100.4 Smooth Radio (North West England)

At its meeting on 11 October 2007, Ofcom’s Radio Licensing Committee (RLC) was asked to consider a Format change request submitted by GMG regarding 100.4 Smooth FM (North-West)

The request was to move the direction of the station from being “targeted at North-West listeners of all ages who particularly like jazz, soul, blues and R’n’B” to “an easy listening station featuring easy listening music including jazz, soul, blues and R&B targeting an audience aged 50 plus.” It wished to retain its 45 hours a week of specialist jazz in the evenings, increase the number of local hours broadcast from 7 to 13, and increase the number of local news bulletins to hourly during daytime.

Under the requirements of section 106ZA of the Broadcasting Act 1990, a public consultation was held, lasting 35 days. There were seven responses. All are – and have been - available for viewing on the Ofcom website. The only response from a radio operator was from emap. emap operates the Magic AM stations in the area ( Manchester, Liverpool and Blackpool/Preston) and the group voiced concern over “Format creep” and possible output overlap. Four responses were from supportive organisations (a list expanded by GMG) and one from a listener worried that r’n’b might become ghetto-ised.

Under the requirements of section 106(1A) of the Broadcasting Act 1990, Ofcom may consent to a departure from the character of the licensed service if, and only if, it is satisfied that at least one of the following four criteria is satisfied:

1. that the departure would not substantially alter the character of the service;
2. that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided;
3. that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in that area or locality; or
4. that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure.

The request went first to the Ofcom Content Board for advice, and then to the Radio Licensing Committee for decision. The committees were unanimous in their support for the request and the RLC allowed it. In reaching its decision the RLC found that:

1. the request represented a substantial change to the character of service, and that is why a consultation was published. The Committee did, however, recognise the change as being something of an evolutionary one – as did the change to the London-based Smooth FM before it - in so far as it would create a station likely to appeal to a similar audience profile, albeit broadened.
2. the proposed change would not narrow the range of programmes available in the North-West. The Magic stations target over-30s (as opposed to 50+) There is no station specifically for over 50s. In addition the station would have a higher proportion of local speech and news bulletins and continue to carry its unique specialist jazz and r’n’b output. The Committee was pleased to see the suggested addition of a clear point of difference between the changed station and existing stations, through the obligation within the new Format that at least 20% of the daytime tracks should be older than 40 years old. This also created the major point of difference in the change to the London station.
3. insufficient evidence was provided by the applicant for Ofcom to make an assessment of Format change on competition grounds (section 106(1A)(c)).
4. a submission of research was considered by the Committee alongside audience data and the support of local organisations. The Committee felt this demonstrated a satisfactory level of support and demand for an over-50s station, with enough information for agreement to be granted on this criterion in addition to criterion (a).

Ofcom will continue to scrutinise the North-West market through informal and formal sampling to ensure it carries out its duty to secure a broad range of services catering for tastes and interests in the area.