Ofcom has received a request from GMG Radio to change the Format of Smooth Radio (London).
The station is currently an easy listening station targeting a London audience aged over 50 plus. It is currently required to broadcast 45 hours per week of specialist jazz programming. The target demographic would remain the same aged 50-plus with lifestyle oriented speech. News provision would remain unchanged
Current Character of Service
AN EASY LISTENING STATION FEATURING LIFESTYLE ORIENTED SPEECH, TARGETING A LONDON AUDIENCE AGED 50-PLUS, AND BROADCASTING 45 HOURS A WEEK OF SPECIALIST JAZZ PROGRAMMES
Proposed Character of Service
AN EASY LISTENING STATION FEATURING EASY LISTENING MUSIC AND LIFESTYLE ORIENTED SPEECH, TARGETING A LONDON AUDIENCE AGED 50-PLUS, AND BROADCASTING 12 HOURS A WEEK OF SPECIALIST MUSIC PROGRAMMES
Ofcom has published guidelines with regard to criteria that will be considered when stations request a change of Format.
Ofcom must consider the request by Smooth Radio (London) to change its Format against the statutory criteria set out in the legislation below, and the consultation question, at Annex 4, reflects that.
Ofcom has the ability to consent to such changes under conditions included in the (n) licence, in accordance with Sections 106 (1A) of the Broadcasting Act 1990 if it is satisfied that at least one of the following criteria is satisfied:(a) The departure would not substantially alter the character of the service
(b) The change would not narrow the range of programmes available in the area by way of relevant independent radio services
(c) The change would be conducive to the maintenance or promotion of fair and effective competition or
(d) There is evidence that, amongst persons living in the affected areas, there is a significant demand for, or significant support for, the change.
If a station wants to make changes that will substantially alter the character of its service, Ofcom consults publicly before coming to a decision. In this case the request could, if granted, substantially alter the character of the stations service.
In this case, as the wording of the Character of Service would change, in line with previous Format changes Ofcom regards the change as substantial and so is consulting on the requested change.
In this case the issue centres on the requested change to remove the requirement to play 45 hours per week of specialist jazz programmes to playing 12 hours per week of specialist music programmes in more prominent parts of the programme schedule.
As Ofcom believes that criterion (a) above is not satisfied, the changes can only be approved if one of criteria (b) to (d) is satisfied. In these circumstances Ofcom is required to carry out a public consultation.
In particular, when considering whether criterion (b) is satisfied (the change would not narrow the range of programmes available in the area by way of relevant independent radio services), neither local DAB services nor BBC services count as relevant independent radio services. The relevant independent radio services are those local analogue commercial and community stations which operate in the region, which are listed in Annex 7.
Ofcom, therefore, seeks views on the requests, having particular regard to the Broadcasting Act 1990 Section 106 (1A) (b) (c) and/or (d), as set out above.
Annex 5 contains the Format change request, in which an argument is made that the output would still be distinctive within the London market and that criteria (b) is satisfied.