Section 355 Review of Output: Q102.9FM (Londonderry) 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 4 December 2014, a change of control took place at Northern Media Group Limited (NMGL) which held the local commercial FM licence for the Londonderry area (AL155). NMGL itself was 95% ultimately owned by Allied Irish Banks plc through AIB Joint Venture Limited. NMGL is now owned by Q Local Media Limited a company which is 100% owned by Dominic Fitzpatrick. Ofcom has now carried out its review under section 355 in relation to the Londonderry licence, Q102.9FM. In doing so, it has reviewed the output of Q102.9FM in the three months prior to the change of control taking place1. It has also considered information provided to it with regard to the future programming on the station. 1 At Ofcom’s request, Q Local Media Limited supplied Ofcom with recordings of the station’s output on 15, 16, & 17 October 2014. Ofcom’s assessment of Q102.9FM’s output (prior to the change of control) The Character of Service of the station is: A LOCALLY-ORIENTED BROAD MUSIC AND INFORMATION STATION FOR LONDONDERRY The station’s Format is shown in Annex 1. Annex 2 is the licensee’s completed Review of Output which summarises the output of this service. In reviewing the station’s output prior to the change of control, it was noted that Q102.9FM had permission to, and did, share all of its required hours of locally-made programming (seven hours on weekdays, which must include the breakfast show, and four hours on each of Saturday and Sunday) with the co-owned services in each of Ballymena (AL301), Coleraine (AL254), Omagh and Enniskillen (AL270), Cookstown/mid Ulster (AL275) and Newry (AL316), all of which also broadcast as Q. The Format also allowed for this locally- made programming to be made in either Ballymena or Londonderry itself. News bulletins containing local news (one minute) and sport (one minute) were broadcast hourly on weekdays and weekends commencing at 07:00 and concluding at 18:00. These were followed by additional news and sports bulletins (three minutes) focused on Northern Ireland. All local news was produced and presented from a news hub serving all of the Q stations, and comprising eight full-time journalists and one freelance journalist. Traffic and travel, weather, and local information including what’s on information featured across the daytime schedule. Tailored for the area traffic and travel reports were broadcast twice an hour between 07:00 and 09:00 and 17:00 and 18:00 hours, and once an hour at other ‘peak‘ times. Weather updates for the whole of Northern Ireland were broadcast once an hour every day between 07:00 and 19:00, and local information (e.g. about local events) was broadcast periodically but was a significant feature during the mid morning programme. This mid-morning programme, which was broadcast between the hours of 10:00 and 13:00 on weekdays and produced in the Londonderry area, was a talk and music programme specific to and focused upon the Londonderry area. It contained listener interaction, what’s on information, current affairs, guest interviews and music. Q102.9FM’s Format requires it to broadcast “broad music”, which means it can play a wide variety of music but cannot focus on a single specialist genre such as rock or dance, that would appeal to those living in the locality. The songs that were being played by the station prior to the change of control, listed below, would satisfactorily meet these terms. Artist Title JLS Beat Again Paloma Faith New York Pink Try Lenny Kravitz It Ain’t Over ‘til It’s Over Shania Twain You’re Still The One Elton John Are You Ready For Love Amy Winehouse Tears Dry On Their Own Jane Wiedlin Rush Hour (Being With You Remix) Whitney Houston So Emotional The station provided local sports coverage/commentary of significant sporting events. In addition, a specialist or themed programme was broadcast by the station each week. On Saturdays between 9:30 and 10:00, a weekly business programme, The Profit Margin, was broadcast. The new owner’s plans The new owner says it will continue to broadcast sports coverage including commentary of significant sporting events – see Annex 3. The Saturday morning 30-minute programme The Profit Margin will also continue to be broadcast. The hourly local news and sports bulletins and traffic and travel specific to the Q102.9 area will remain. A weekday 10:00 to 13:00 music, talk and information programme specific to Londonderry would still be broadcast. All programmes would continue to include Northern Ireland material including what’s ons, traffic and travel, weather updates, phone-ins, sports coverage, guest interviews and local music. 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 Q102.9FM 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 any variations to the licence. July 2015 Annex 1 ANALOGUE COMMERCIAL RADIO STATION FORMAT Service name Q102.9 FM (Londonderry) Licence number AL155 Licensed area Londonderry area MCA population 107,128 Frequency/ies 102.9 MHz Character of Service A LOCALLY-ORIENTED BROAD MUSIC AND INFORMATION STATION FOR LONDONDERRY. Service duration 24 hours Locally-made Studio location: programming Locally-made programming must be produced within the licensed areas of Londonderry (AL155) or Ballymena (AL301). Locally-made hours: At least 7 hours a day during daytime weekdays (must include breakfast). At least 4 hours daytime Saturdays and Sundays. Programme sharing: All programmes may be shared between the Londonderry licence (AL155), the Ballymena licence (AL301), the Omagh & Enniskillen licence (AL270), the Coleraine licence (AL254), the Cookstown licence (AL275) and the Newry licence (AL316), subject to satisfying the character of service requirements above. Local news At least hourly during daytime weekdays and peak-time weekends. At other times UK-wide, nations and international news should feature. Definitions Speech Excludes advertising, programme/promotional trails & sponsor credits Peak-time Weekday breakfast and drive-time, and weekend late breakfast Daytime 06.00 to 19.00 weekdays and weekends Notes This Format should be read in conjunction with Ofcom’s published Localness Guidelines. Last amended: November 2011 Annex 2 Review of output questionnaire Date of review: April 2015 Station Name: Q102.9FM Licensed area and licence AL155 Londonderry number: Licensee company: Northern Media Group Ltd Submitted by (name and Robert Walshe Managing Director position): Existing Format Character of Service A locally orientated broad music and information station for Londonderry. Programme sharing and/or All programmimg may be shared between co-location arrangements Coleraine, Ballymena, Londonderry, Omagh and Enniskillen, Cookstown and Newry licences. Locally made programming must be produced within the licenced areas of Ballymena or Londonderry. Locally-made hours and/or At least 7 hours a day during daytime local news bulletins weekdays (must include breakfast). At least 4 hours daytime Saturdays and Sundays. Local news bulletins at least hourly during daytime weekdays and peak time weekends. Station output questions Please answer, as fully as possible, the following questions regarding the station’s broadcast output (the ‘station’s output’ being defined as that being broadcast regularly prior to any change of control taking place at the licence-holding company). Ofcom also reserves the right to ask additional questions regarding the station’s output that may be specific to the particular licence. 1. Please provide details of the content, scheduling and duration of any specialist or themed programming (music-based or speech-based, and including sports shows) broadcast regularly by the station in the three months prior to the change of control. Sports: Significant coverage of local sports including commentary on significant sporting events. The Profit Margin: A weekly business programme on Saturday from 9.30am to 10 am 2.