Radio Authority announces preliminary determination of short form public interest test for Guardian Media Group plc

98/03

9 September 2003

Radio Authority announces preliminary determination of short form public interest test for Guardian Media Group plc

Jazz FM West Midlands Ltd., a wholly owned subsidiary of Guardian Media Group plc, has submitted an application for the Radio Authority’s new Independent Local Radio licence for the West Midlands region, along with ten other applicants (see press release 67/03 for details).

Under the terms of the Broadcasting Act 1996, a national newspaper group who has a national market share of 20% or less may provide a local radio service unless the Authority determines that the proposed arrangement could be expected to operate against the public interest.

In March 2000, the Radio Authority undertook a full public consultation on these issues and determined that if another wholly owned subsidiary of Guardian Media Group plc were to be awarded a regional radio licence, this arrangement could not be expected to operate against the public interest.

The Authority is minded therefore to determine that the public interest would not be adversely affected if Jazz FM West Midlands Ltd. were to be awarded the licence for the West Midlands region. In coming to this preliminary view, the following questions have been considered:

The desirability of promoting:

plurality of ownership in the broadcasting and newspaper industries, and

diversity in the sources of information available to the public and in the opinions expressed on television or radio or in newspapers.

Any economic benefits (such as, for example, technical development or an increase in employment or in the value of goods and services exported) that might be expected to result from the holding of the licence by that body but could not be expected to result from the holding of the licence by a body corporate which was not, and was not connected with, the proprietor of a newspaper, and

The effect of the holding of the licence by that body on the proper operation of the market within the broadcasting and newspaper industries or any section of them.

Before making a final determination, the Authority is inviting comments on these points which should be addressed to the Legal and Licensing Officer, The Radio Authority, Holbrook House, 14 Great Queen Street, London WC2B 5DG, and should reach the Authority by 22 September 2003.

ENDS

NOTES TO EDITORS

1. Jazz FM West Midlands Ltd.’s public interest test submission is available for viewing at the Authority's offices by appointment. Please contact the Press Office for details.

2. 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.

3. At the end of this year, the Radio Authority will cease to exist, and its responsibilities for licensing and regulating Independent Radio will pass to Ofcom, the new converged regulator for the communications sector. See the Ofcom transitional website at www.ofcom.org.uk for more details.

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