Summary

Summary

1.1 Spectrum Radio is a commercial radio station broadcasting on the Medium Waveband (AM) in Greater London. It serves a number of varied and wide-ranging ethnic communities. Its Format allows for the ethnic mix to vary from time to time, in accordance with the changing cosmopolitan map and it currently broadcasts to over 20 different minority ethnic communities. The Format dictates that it must serve never less than six different communities. (A copy of the station’s Format is attached to this document as Annex 5). The programmes contain news, music, discussion and lifestyle features relevant to their respective communities. The programmes are generally presented in the indigenous language of each community.

1.2 Spectrum has requested that consideration be given to increase its Asian programming from the current permitted maximum of eight hours per day, to twelve hours per day. In return, it proposes to increase its formal commitment to diversity in its output by increasing the requirement in its Format to serve a minimum of eight communities, rather than the current six.

1.3 Ofcom has the ability to consent to such changes under conditions included in Spectrum Radio’s licence, in accordance with Sections 106 (1A) and (1B) of the Broadcasting Act 1990 as amended (see attached Annex 4) if it is satisfied that:

• the departure would not substantially alter the character of the service; or
• the change would not narrow the range of programmes available by way of relevant independent radio services; or
• 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.

1.4 Only one of these four criteria needs to be satisfied in order for Ofcom to consent to the change. However:

1. Ofcom is under no obligation to consent to a proposed change, even if it is of the opinion that it satisfies one or more of the statutory criteria; and
2. under section 106ZA of the Broadcasting Act 1990 (also attached at Annex 4), any proposed change that does not satisfy the first of the criteria must (if it is to be considered further) be consulted upon, irrespective of whether it satisfies any of the other three criteria.

1.5 Ofcom considers that the proposed change outlined in Spectrum Radio’s submission (see paragraph 3.1 below) could substantially alter the character of the Spectrum Radio service. Hence, Ofcom is obliged under statute to consult upon the proposed change.

1.6 This consultation is therefore seeking views on the proposed alteration to the Format of Spectrum Radio.

The full document is available below