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1.1 Ofcom has received a request from Bauer Radio to change the Format of City Talk 105.9 in Liverpool, which is currently a 24-hour speech service. The request from Bauer is to continue to provide all-speech programming at peaktime (i.e. at weekday breakfast and drivetime, plus weekend late breakfast), but with mixed music and speech output permitted during other weekday daytime hours. The type of music played would be soft pop-led. Outside of weekday daytime, the new Format would allow City Talk to share programming with Bauer’s other two stations in Liverpool, Magic 1548 and/or Radio City 96.7.

Current Format
A 24-HOUR SPEECH STATION WITH NEWS, SPORT, FEATURES, DOCUMENTARIES, ADVICE, PHONE-INS AND DISCUSSION FOR THE LIVERPOOL AREA.

Proposed Format
A SERVICE OF SPEECH AND SOFT POP-LED MUSIC PROGRAMMING FOCUSED ON THE INTERESTS OF THE PEOPLE OF LIVERPOOL AND SURROUNDING AREAS. THE SERVICE WILL BE 100% SPEECH DURING PEAK TIMES, FOCUSING ON NEWS, INFORMATION, FEATURES AND DISCUSSION. DURING THE REST OF WEEKDAY DAYTIME THERE WILL BE A MIX OF SPEECH AND SOFT POP-LED MUSIC. THE STATION MAY SHARE PROGRAMMING WITH MAGIC 1548 AND RADIO CITY AT OTHER TIMES.

1.2 Ofcom has published guidelines with regard to criteria that will be considered when stations request a change of Format.

1.3 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 would, if granted, substantially alter the character of the station’s service.

1.4 Ofcom must consider the request by Bauer 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 City Talk 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:

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.

1.5 In this case, Ofcom regards the proposed changes to the Character of Service as substantial. City Talk was licensed as a 24-hour all-speech service. Although Bauer’s proposals for 100% speech programming during peaktime would still provide a point of difference from other local commercial stations in the Liverpool area, the change is nevertheless a substantial one.

1.6 This means that criterion (a) above is not satisfied, and 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.

1.7 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.

1.8 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.

1.9 Annex 5 contains the Bauer Format change request, in which it says that refusal to allow the change could mean that “the station may eventually need to close.” In addition, Bauer has furnished Ofcom with confidential business and financial information.

• City Talk 105.9 (Liverpool) [pdf]
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