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Section 355 Reviews of Output: U105

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Section 355 Reviews of Output: U105 Section 355 Reviews of Output: U105 When a local commercial radio licence undergoes a change of control (this includes licence transfer), Ofcom is required, under section 355 of the Communications Act 2003 (the Act), to undertake a review of the effects or likely effects of the change of control in relation to: • the quality and range of programmes included in the service; • the character of the service, and; • the extent to which Ofcom’s duty under section 314 of the Act is performed in relation to the service. Ofcom’s duty under section 314 of the Act relates to securing the inclusion of an appropriate amount of local material, and a suitable proportion of locally-made programmes in the service. Under section 356 of the Act, where it appears to Ofcom from its review that the change of control would be prejudicial to any of the three matters listed above, then it must vary the licence, by including such conditions as it considers appropriate, with a view to ensuring that the relevant change of control is not so prejudicial. In doing so, any new or varied conditions must be such that the licence holder would have satisfied them throughout the three months immediately before the change of control. Ofcom is required to publish a report of its review, setting out its conclusions and any steps it proposes to take under section 356. Where Ofcom proposes to vary the licence, it is required to give the licence holder a reasonable opportunity to make representations about the variation. On 23 November 2016, a change of control took place at the Wireless Group plc, as a result of all of the company’s share capital being acquired by News Corp UK & Ireland Limited. Through a number of wholly-owned subsidiary companies, Wireless Group owns a number of local analogue commercial radio stations. Ofcom has now carried out its review under section 355 in relation to U105 in Belfast, owned by Wireless Group subsidiary U105 Limited. In doing so, we have reviewed the output of U105 in the three months prior to the change of control taking place, and considered information provided by the new owners with regard to the future programming of U105. We have published separate change of control reviews in respect of the local FM and AM licences in England and Wales owned by Wireless group subsidiary Talksport Limited. Ofcom’s assessment of the output of U105 (prior to the change of control) U105 holds an FM licence to serve the Belfast area, and has been broadcasting since 2005. Its published Format, which forms part of the station’s licence, is as follows: A PERSONALITY-LED, HIGHLY LOCAL STATION AIMED PRIMARILY AT THE OVER 45 AGE GROUP IN BELFAST AND THE SURROUNDING AREA, PROVIDING TOPICAL SPEECH, NEWS AND MUISC FROM THE GOLD ERA RIGHT THROUGH TO THE PRESENT DAY. The Format requires at least 10 hours per day of locally-made programming, and local news to be broadcast at least hourly during daytime on weekdays, and at peak time at weekends. U105 significantly exceeded its local production requirement, broadcasting locally-produced output 24 hours per day, seven days per week from its studios in Belfast. Local news bulletins, compiled in conjunction with the editorial team of UTV television, were broadcast on weekdays at the top of the hour between 06.00 and 20.00, and were between three and four minutes’ duration, with additional 90 second headline round-ups on the half- hour at weekday breakfast and drive. At the weekend, three minute news bulletins ran hourly between 06.00 and 18.00. Sports news also featured as part of the mix. Given that U105’s output is entirely locally-produced, the station emphasised that it is not constricted by networking windows, and therefore has the option to increase the length of bulletins on days where there are particularly significant news events. Reflecting the Format requirement to be “personality-lead” and to provide “topical speech”, U105 aired a significant amount of speech content. In addition to the local news and sport bulletins, a topical news magazine and phone-in show, hosted by Frank Mitchell, was scheduled every weekday morning between 09.00 and mid-day. There were also regular studio guests featured at weekday breakfast, lunchtime and drivetime. Traffic and travel information was broadcast every hour between 06.00 and 19.00 on weekdays, increasing to every 20 minutes during breakfast and drivetime, while local weather forecasts were provided around the clock, and ‘what’s on’ guides were also featured. U105’s music output featured a wide spread of eras and music styles, with particular support given to Irish artists through the station playlist, studio interviews and occasional live performances. The new owner’s plans No changes are planned at this present time to the output of U105 by the new owners of Wireless Group. Recommended variations to the licence Based on our assessment of the station’s output in the three months prior to the change of control, we do not believe that U105 was broadcasting any programming not already reflected in the existing requirements of the station’s Format which would, in our view, have a significant impact upon: • the quality and range of programmes included in the service; • the character of the service; and, • the extent to which local material and locally-made programmes are included in the service. Therefore, we are not proposing to vary the licence. July 2017 .
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