A request from Blackburn Broadcasting Company Ltd, the holder of the FM local commercial radio licence for the Blackburn area, to change the Format of The Bee was discussed by Ofcom's Broadcast Licensing Committee (BLC) at its meeting on 09 July 2013. The BLC approved the change.
The existing Character of Service (as set out in The Bee's published Format document) is:
A MUSIC AND INFORMATION STATION FOR 25 TO 54 YEAR-OLDS IN THE BLACKBURN, DARWEN, ACCRINGTON AND SURROUNDING AREA, FOCUSING ON LOCAL ISSUES, WITH WEEKLY PROGRAMMING FOR THE ASIAN COMMUNITY
The new Character of Service proposed was:
A MUSIC AND INFORMATION STATION FOR 25 TO 54 YEAR-OLDS IN THE BLACKBURN, DARWEN, ACCRINGTON AND SURROUNDING AREA, FOCUSING ON LOCAL ISSUES
Ofcom may consent to a departure from the character of the licensed service (a "Format change") in accordance with section 106 (1A) of the Broadcasting Act 1990 only if it is satisfied in relation to at least one of the following criteria:
- The Format change would not substantially alter the character of the service (section 106(1A)(a));
- The Format change would not narrow the range of programmes available in the area by way of relevant independent radio services (section 106(1A)(b));
- The Format change would be conducive to the maintenance or promotion of fair and effective competition in that area (section 106(1A)(c)); or
- There is evidence that, amongst persons living in the affected areas, there is a significant demand for, or significant support for, the Format change (section 106(1A)(d));
- That the change would result from programmes in the licensed service ceasing to be made at premises in the area, or those programmes would continue to be made wholly or partly at premises within an area approved by Ofcom (section 106(1A)(e)).
Under section 106ZA of the Broadcasting Act 1990, a change that is not considered by Ofcom to satisfy the first or last of these criteria (i.e. a change that Ofcom considers would or could substantially alter the character of the service, or does not relate to the origin of locally-made programmes) must, if it is to be considered further under any of the other three criteria, be consulted upon.
On the basis that it entailed the removal of a specifically identified obligation within the Format, Ofcom determined that it could not be satisfied that the change would not substantially alter the character of the station's existing service, and the change did not relate to the origin of locally-made programmes. In line with statute, the proposed change was therefore subject to a public consultation which ran for four weeks until 30 April 2013.
We received four responses to the consultation. One was in favour of the proposed change, while the other three were opposed to the change. Two of the respondents who were against the change argued that it would lead to the demise of any specialist programming directed towards Blackburn's relatively large Asian population, and that the removal of the programme would be a loss to these listeners.
Even if Ofcom is satisfied that the proposed change would meet one of the statutory criteria, Ofcom still has discretion as to whether to agree to the change. Ofcom has published guidance about how it generally expects to exercise its discretion. This guidance contains the following criteria:
- The extent of the impact of the change on the Character of Service
- The time elapsed since the licence was awarded
- Considerations taken into account in making the original award
- The views of listeners and stakeholders
- The avoidance of Format creep'
- Whether the station broadcasts on AM or FM
Following the consultation, the BLC considered the Format Change Request for The Bee (Blackburn) and first considered whether it was satisfied in relation to any of the three remaining statutory criteria (i.e. section 106(1A)(b), (c) or (d)). The Committee was of the view that the change requested by The Bee would not narrow the range of programmes available by way of local (analogue) services in the area (section 106(1A)(b)), on the basis that programming for the Asian community is also provided in the area by Asian Sound Radio. In reaching this view, the Committee recognised that although the nature of the Asian programming currently being provided by The Bee is different from that being provided by Asian Sound Radio, The Bee's Format obligation was simply to provide weekly programming for the Asian community. Given the unspecific nature of this obligation, the BLC was satisfied that its removal from The Bee's Format would not narrow the range of programmes available in the Blackburn area by way of relevant local services as such output (when defined in similarly unspecific terms) would still be available from Asian Sound Radio.
Having been satisfied in relation to one of the relevant statutory criteria, the Committee then considered this request under Ofcom's discretionary criteria.
With regard to the extent of the impact of the change on the character of service, the BLC concluded that this would be likely to be very limited given that the obligation was for weekly (rather than more frequent) programming, and that there was no requirement to broadcast the output during a time when audiences are at their largest (in fact, The Bee chooses to fulfil its obligation by providing a three-hour programme on a Saturday evening). That said, the Committee recognised that the loss of the programme would be keenly felt by some listeners.
In considering the time elapsed since the licence was awarded, the BLC considered that over a nine-year period, the licensee had made considerable efforts to produce an Asian programming strand in the hope of building a strong audience base, but that this had not materialised. With regard to the considerations taken into account when making the original award, the BLC noted that another applicant for the licence had proposed a greater amount of Asian programming than had The Bee, which suggests that the provision of such programming was not the most significant factor in the licence award decision.
Finally, the BLC took account of the fact that Ofcom had received to its consultation on this Format change request just three responses opposed to the change.
In sum, therefore, the BLC agreed that the request for this Format change should be agreed because it was satisfied in relation to one of the relevant statutory criteria, and for the policy reasons set out above.
The new Format for The Bee will now read as follows:
A MUSIC AND INFORMATION STATION FOR 25 TO 54 YEAR-OLDS IN THE BLACKBURN, DARWEN, ACCRINGTON AND SURROUNDING AREA, FOCUSING ON LOCAL ISSUES