Oxford’s FM107.9: Request to change Format

A request from Passion Radio Oxford (PRO) to change the Format of Oxford's FM 107.9 was discussed by the Radio Licensing Committee on 16 June 2010. In reaching its decision, the Committee took account of advice provided by the Ofcom Content Board.

PROs request was to change the music Format and target audience, from playing a mix of cutting edge and credible chart music targeting 15-29s to an easy listening soft music service aimed at a 45-plus audience. Ofcom determined that the request would have substantially altered the stations character of service (see point a. below), and therefore in accordance with the statutory requirements the proposed change was subject to a public consultation which ran for four weeks.

There were 96 responses received by Ofcom to the consultation; 5 were in favour of allowing the change, and 91 opposed the change.

Ofcom has the ability to consent to Format changes under conditions included in each local analogue commercial radio licence, in accordance with Section 106 (1A) of the Broadcasting Act 1990, if it is satisfied that at least one of the following criteria is met:

1. The departure would not substantially alter the character of the service
2. The change would not narrow the range of programmes available in the area by way of relevant independent radio services
3. The change would be conducive to the maintenance or promotion of fair and effective competition, or
4. There is evidence that, amongst persons living in the affected areas, there is a significant demand for, or significant support for, the change.¹

In this case, the Committee was not satisfied that any of these statutory criteria had been met and therefore the request was declined. In particular, the Committee believed that the move to target the service at an older audience which is also being served by other relevant independent stations in the area, while ceasing to serve the under-30 population, would have the effect of narrowing the range of programmes available. There was also no evidence of significant demand for, or support for, the proposed change.

Footnotes

1. Section 106(1A) of the Broadcasting Act 1990 has now been amended by the Digital Economy Act 2010, such that a new fifth criterion relating to the origin of locally-made programmes has been added. The request from PRO was considered in accordance with the four criteria listed above.