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Summary

1.1 Ofcom has received a request from Town and Country Broadcasting to change the Format of Nation Radio in South Wales (formerly Xfm).

1.2 The station is currently an alternative rock station for South Wales concentrating on modern and classic rock with weekly sessions for local artists.

1.3 Town and Country wishes to change it to become a "new music" station playing mainly modern rock with "other genres of appeal" to 15-34 year-olds, and which would "include coverage of local artists."

Current Format

AN ALTERNATIVE ROCK STATION FOR SOUTH WALES, PLAYING MODERN AND CLASSIC ROCK GENRES, WITH WEEKLY SESSIONS AND COVERAGE OF LOCAL ARTISTS

Proposed Format

A NEW MUSIC STATION FOR SOUTH WALES, PLAYING PREDOMINANTLY MODERN ROCK, WITH AND OTHER GENRES OF APPEAL TO THE STATION'S TARGET AUDIENCE OF 15-34 YEAR OLDS. OUTPUT WILL ORIGINATE FROM SOUTH WALES AND WILL INCLUDE COVERAGE OF LOCAL ARTISTS.

1.4 Ofcom has published guidelines with regard to how a request for a Format change will be considered. There are statutory criteria to which we must have reqard (see paragraph 1.6 below), and in the event that we are satisfied in relation to one of these criteria, we then apply further considerations in deciding whether to agree to a requested change. Full details of this process can be found on our website at http://www.ofcom.org.uk/radio/ifi/rbl/formats/formats/fc/changeregs/.

1.5 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 we consider that the request could, if granted, substantially alter the character of the station's service.

1.6 Ofcom must consider the request by Town and Country to change Nation Radio's 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 Nation Radio 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.

1.7 In this case, the issue centres on a proposed change from "alternative rock .... playing modern and classic rock genres" to "predominantly modern rock, with other genres of appeal to the stations target audience of 15-34 year olds".

1.8 Secondly, the Format requirement for weekly sessions involving local artists would change to an obligation to "include coverage" of local artists.

1.9 As Ofcom believes that the change would be substantial, criterion (a) above is not satisfied, and so 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.

1.10 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.

1.11 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.

1.12 Annex 5 contains the Format change request, in which an argument is made that the output would still be distinctive within the South Wales market. Town and Country argues that criteria (a) and (b) are effectively satisfied, saying the change would not be significant, but would allow the flexibility for the station to compete more effectively with BBC's Radio 1. As noted above, we do not consider that criterion (a) is satisfied, hence this consultation.

1.13 With regard to the inclusion of local artists, Town and Country says much of the stations output has been dedicated to local bands and that will continue.

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