ENDS

The Radio Authority is responsible for licensing and regulating independent radio in accordance with the statutory requirements of the Broadcasting Acts 1990 and 1996. It plans frequencies, awards licences, regulates programming and advertising, and plays an active role in the discussion and formulation of policies which affect the Independent Radio industry and its listeners.

The local digital radio multiplex service licence for Leeds was awarded to the sole applicant, Emap Digital Radio Ltd., on 6 April 2000. The licence will run for twelve years from the date the service commences broadcasting.

1. Coverage area and timetable

The award of the licence to Emap Digital Radio Ltd. was made on the understanding that the launch of the multiplex would be no later than May 2001, as proposed by the applicant, initially using three transmitters at Beecroft Hill, Morley and Norwood Ridge. According to the applicant’s own estimate this should provide 'outdoor coverage' of up to 62% of the adult (aged 15+) population of the ‘primary protected area’ (PPA). Members agreed that further roll-out of coverage could be delayed until household penetration of digital receivers in Leeds reaches 32%, at which point a further two transmitters, at Collingham and Birkwood, would be added, increasing ‘outdoor coverage’ by about 8%.

2. Ability to establish and maintain the service

Emap Digital Radio Ltd. is wholly owned by one of the largest commercial radio companies, Emap Radio Ltd. Consequently, the Authority had no doubt about Emap Digital Radio Ltd’s ability to establish and maintain the service proposed in the application.

3. Catering for tastes and interests of people in the area

The commercial programme services proposed by the applicant are as follows:

Contemporary 96.3 Aire FM (programme provider: Emap Radio

Hit Radio Ltd.)

Gold Classic Gold (programme provider: GWR Digital Ltd.)

Dance Kiss (programme provider: Emap Radio Ltd.)

Easy Listening Magic 828 (programme provider: Emap Radio Ltd.)

Full service Ridings FM (programme provider: Lincs FM plc)

(Wakefield)

Modern Rock Xfm (programme provider: Capital Radio plc)

Adult Contemporary Programme provider: The Wireless Group

Members noted that the application stated that both Kiss and Xfm would carry local news and travel information at breakfast time when household penetration reached 32%. In response to questioning by the Authority’s staff, Emap Digital Radio Ltd. confirmed that the Wireless Group was prepared to offer local content on its adult contemporary service on the same basis as Capital was for Xfm and Emap was for Kiss. GWR had made a commitment to provide four hours minimum of local programming relevant to Leeds from the commencement of its Classic Gold service. Members were aware that there was no explicit obligation for local digital multiplex licensees to provide localised services. However, section 85(3)(a) of the 1990 Broadcasting Act gives the Radio Authority an overarching statutory obligation to ensure the provision of licensed services of ‘high quality’, and Members view local content as forming an essential element of quality.

4. Broadening the range of local digital programme services

As there are no local digital programme services available in the Leeds area, and as this was the sole application, this criterion was effectively satisfied by default.

5. Local support

Emap Digital Radio Ltd. supplied evidence of local support with its application in the form of letters, which were generally reflective of the good reputation and popularity that Radio Aire enjoys in Leeds. It also demonstrated substantial support from local MPs. However, Emap chose to argue that the best measure of local support was that shown for the individual services to be broadcast on the multiplex, and to that effect used RAJAR figures and an audience survey carried out by Continental Research to illustrate the level of support for individual programme services.

6. Fair and effective competition

The Authority has no reason to believe that the applicant has not acted in a manner calculated to ensure fair and effective competition when contracting or offering to contract with potential or proposed service providers. In accordance with the licence conditions pursuant to the Broadcasting Act 1996, the Authority will keep matters of fair and effective competition and undue discrimination under regular review.

Applications were invited on 22 October 1999. By the closing date of 15 February 2000, one application was received, from Emap Digital Radio Ltd., a wholly owned subsidiary of Emap Radio Ltd.

Copies of the non-confidential section of the application were made available for public inspection in Leeds Central Library and at the Authority’s offices in London. A notice was issued on 15 February 2000 inviting public comments on the application.

Under the terms of section 51(2) of the Broadcasting Act 1996, when considering whether, or to whom, to award a local digital radio multiplex licence, the Authority must have regard to the following specific matters:

1. the extent of the coverage area as proposed by the applicant;
2. the timetable relating to achievement of the proposed coverage area and the start of broadcast services;
3. the ability of the applicant to establish the proposed service and to maintain it throughout the period for which the licence will be in force;
4. the extent to which the digital programme services proposed to be included in the service would cater for the tastes and interests of persons living in the area and, where it is proposed to cater for particular tastes and interests, the extent to which those services would in fact cater for those tastes and interests;
5. the extent to which any proposed digital sound programme services would broaden the range of programmes available by way of local digital programme services in that area and, in particular, the extent to which they would cater for tastes and interests different from those already catered for by local digital programme services already provided in that area;
6. the extent to which the application is supported by persons living in the area; and
7. whether, in contracting or offering to contract with persons providing digital programme services or digital additional services, the applicant has acted in a manner calculated to ensure fair and effective competition in the provision of such services.

The Authority is also required to take account of any representations made in respect of the application.