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1.1 Ofcom has received a request from GMG to remove the requirement on Smooth Radio in London and the North West (stations broadcasting on both FM and on DAB in their respective regions) to provide 45 hours of jazz programmes a week. In addition GMG wishes to remove the obligation in the North West to play “jazz, soul, blues and R&B” as part of its general output.

1.2 GMG say that if Ofcom approves the change requests it will provide a 24 hour a day jazz service on DAB in London and the North-west.

1.3 The national DAB service provided by The Jazz (operated by GCap Media) is due to close on 31 March 2008. This service had proved popular attracting 364,000 listeners a week. Upon the closure of the Jazz, Classic FM (also owned by GCap Media) has stated that it will provide jazz programming between midnight and 2am each day, although it has no obligation to do so in its licence and could drop this at any time. No other jazz programming is available on commercial radio either on FM or DAB in the UK.

1.4 Ofcom would welcome the provision of a 24 hour a day jazz service on DAB in London, the North-west and elsewhere in the UK, either by GMG Radio or any other operator, as this is a clear gap in the market (and one not provided for specifically by the BBC).

1.5 Ofcom has not received a request to provide a jazz service on DAB in London or the North-west.

1.6 It is important to note that the legislation requires Ofcom to consider the proposed changes to Smooth Radio in London and the North West on a stand-alone basis and so this consultation relates solely to those two stations. Consideration of these changes cannot be linked to any possible future request from GMG to launch jazz stations on DAB.

1.7 Ofcom must consider the request by GMG to remove the commitment to 45 hours of jazz programmes on Smooth Radio in London and the North West against the statutory criteria set out in the legislation below, and the consultation questions, at Annex 4, reflect that.

Ofcom has the ability to consent to such changes under conditions included in the 102.2 and 100.4 Smooth Radio licences, in accordance with Sections 106 (1A) of the Broadcasting Act 1990 (Annex 4) 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.

1.8 In this case, Ofcom regards the changes to the characters of service as substantial. This is because the 45 hours of jazz programming forms part of the main Character of Service description ‘box’ for both stations, in both the old-style and new-style Formats and represents a significant proportion of their required output.

1.9 Ofcom felt its continued provision was important enough to be enshrined when GMG was permitted, following a public consultation last year, to provide easy listening for over 50s as its core offering. The jazz requirement was retained in order to ensure that some specialist music programming remained on the station that was originally licensed as Jazz FM.

1.10 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.

1.11 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), local DAB services do not ‘count’ as relevant independent radio services. The relevant independent radio services are those local analogue commercial and community stations which operate in London, Greater London and the North West, and are listed in Annex 7.

1.12 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 and in full in Annex 9.

1.13 Annexes 5 and 6 contain the GMG requests in full, one for London and one for the North-West. Annex 8 sets out the present 102.2 and 100.4 Smooth Radio Formats.

The full document is available below:

• 102.2 Smooth Radio (London) and 100.4 Smooth Radio (North-West England) - Request to Change Station Formats [pdf]
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