A request from The Local Radio Company to co-locate its Durham FM operation at the site of its sister station, Sun FM in Sunderland, was discussed by the Radio Licensing Committee on February 23 2009 with advice from the Ofcom Content Board.
TLRCs request involved a station with a Measured Coverage Area of 295,000. Ofcom's published guidelines on station co-location say that there is likely to be a stronger case for co-location where one of the stations has a licensed area with a population of fewer than 250,000, but that Ofcom does not rule out agreeing to requests to co-locate larger stations in exceptional circumstances. Because this particular request related to a larger station, and in line with the statutory requirements referred to below, we commissioned a five-week public consultation which ended on 29 January 2009.
The request from TLRC to co-locate Durham FM in Sunderland argued that it should be seen to provide exceptional circumstances because :
- It is essentially a small-scale station - the population of Durham being 43,000. (The original advertisement estimated an MCA considerably under 250,000, but the transmitter actually captured more than that estimate) .
- There is easy access between the two areas
- They are only 13 miles apart
- The areas significantly overlap
It also provided financial information in confidence for Ofcom to consider.
There were 21 responses :
Thirteen opposed the proposed co-location, and eight were broadly in favour (some expressing agreement only if it meant improved resources and more local programming).
The number of responses is as high as one might expect from such a consultation involving a medium-sized station.
We noted the view of GMG Radio, which runs Smooth Radio and Century across the region enveloping both Durham and Sun FM. It said it would support the move as long as it did not result in a new regional station blossoming from the venture. It wanted conditions preventing this as part of any agreement. Our view is that programming is not affected by this decision, and there is no programming element to the request. We would consider any application to look at programming on its merits if and when we receive one.
Ofcom noted there was political support for the co-location. In itself this is not a deciding factor in our decision-making, although the political support made the key point that the co-location was not objectionable provided local output does not diminish. No request has been received to share programming. In fact a previous decision to allow programme-sharing with Darlington has been scrapped by the licensee to secure all-local programming output on Durham FM.
The Broadcasting Act 1990
Ofcom has the ability to consent to such changes under conditions included in the licence, in accordance with Sections 106 (1A) of the Broadcasting Act 1990 (Annex 4) if it is satisfied that at least one of the following criteria is satisfied:
- The departure would not substantially alter the character of the service
- The change would not narrow the range of programmes available in the area by way of relevant independent radio services
- The change would be conducive to the maintenance or promotion of fair and effective competition or
- There is evidence that, amongst persons living in the affected areas, there is a significant demand for, or significant support for, the change.
In this case the Committee decided the case for the existence of exceptional circumstances had not been made, and in the absence of this evidence the request was refused. The co-location issue and issues of localness more generally - may well be addressed in or around the forthcoming Digital Britain report and/or possible subsequent consultations, so the request could, therefore, be considered again later in the year.
Feb 2008