At its meeting on 14 September 2006, Ofcom’s Radio Licensing Committee considered a request submitted by Sunrise Radio (London) to move specific elements of its Format, unchanged, into the Format of its sister station Kismat Asian Talk Radio (Kismat).
After full and careful consideration the Committee decided to approve the Format change request. In reaching its decision the Committee found that:
- the proposal met one of the statutory criteria, section 106(1A)(b) as set out below;
- agreement with the proposal was in keeping with Ofcom’s stated position to look more favourably at Format change requests on AM;
- given the unique circumstances of the stations involved, agreement with the proposal would not set a precedent for Format change generally.
Ofcom took the view that the change was capable of substantially altering the character of the service and therefore, under the requirements of section 106ZA of the 1990 Broadcasting Act, a public consultation was held lasting 42 days. A total of four responses were submitted from the industry and individuals; three were in favour of the change, one was against it. All responses relating to the consultation are available for viewing on the Ofcom website.
Under the requirements of section 106(1A) of the 1990 Broadcasting Act, Ofcom may consent to a departure from the character of the licensed service if, and only if, it is satisfied that at least one of the following four criteria is satisfied.
The criteria
- that the departure would not substantially alter the character of the service;
- that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided;
- that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in that area or locality; or
- that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure.