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Section 355 Review of Output: GEM 106 (East Midlands) 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. In May 2016, a change of control took place at Orion Media Limited, which was the parent company of the licence holding subsidiaries shown in the table below. Orion Media Holdings Limited is now owned by Bauer Radio Limited, which previously had no shareholding. Bauer Radio Limited’s named directors are Paul Keenan, Deidre Ford and Sarah Vickery. The parent company to Bauer Radio Limited is UK unlimited company HBVB. In consideration of the three matters listed above, this review carried out under section 355 is only in relation to the station(s) highlighted in this table. Separate reviews consider the licensed services not highlighted. All stations listed were subsidiaries of Orion Media Holdings Limited. Company Licence no. Station name Locality Orion Media Limited AL000021 Free Radio 80s Coventry AL000022 Free Radio Coventry AL000118 Free Radio 80s Wolverhampton, Shrewsbury and Telford Beacon Broadcasting AL000119 Free Radio Wolverhampton, Limited Shrewsbury and Telford Birmingham Broadcasting AL00077 Free Radio 80s Birmingham Limited AL00078 Free Radio Birmingham Radio Wyvern Limited AL00061 Free Radio Hereford & Worcester Orion Media (East AL000200 GEM 106 East Midlands Midlands) Limited Ofcom has reviewed the output of these licensed services in the three months prior to the change of control taking place1, and considered information provided to it with regard to the future programming on the station(s). 1 At Ofcom’s request, Orion Media Holdings Limited supplied recordings of the output from the relevant station broadcast on the 28 and 29 April 2016 Ofcom’s assessment of the output of GEM 106 (prior to the change of control) The Character of Service of the station is: A FULL-SERVICE TALK AND MAINSTREAM POPULAR MUSIC STATION FOR THE EAST MIDLANDS REGION, TARGETING PRIMARILY 30-54 YEAR-OLDS 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 the licensee was required to provide a 'full service' radio station. Further requirements were for the radio station to broadcast locally-made programming, including local material, for at least seven hours during each weekday daytime2 and for at least four hours during daytime on each of Saturday and Sunday. With the exception of two programmes (Jo and Sparky Show – Saturday 0900-1300 and the Vodafone Big Top 40 – Sundays 1600-1900) all of GEM 106's output was made in studios in the East Midlands licensed area. The Format also required the station to provide local news bulletins (i.e. bulletins containing local news stories) at least hourly during daytime on weekdays and at peaktime on each of Saturday and Sunday. On weekdays bulletins at 0600, 0700, 0800 & 0900 and 1600, 1700, 1800 & 1900 of two minutes’ duration were broadcast. These contained, typically, two local news stories one with audio. All stories were fully-formed and directly relevant to the interests and concerns of listeners in the East Midlands area. Additional bulletins at 0630, 0730 & 0830 and on the hour between 1000 and 1500 inclusive, were of 60 seconds duration. These contained shorter versions of the main news stories. In addition, two 20 seconds 'news teasers' were broadcast at 1740 and 1840. At weekends bulletins containing local news were broadcast on the hour between 0700 and 1300 inclusive were of 90 seconds duration. The weekday news bulletins aired between 0600 and 1000 were compiled, produced and presented by a journalist based in Nottingham, while weekday bulletins between 1100 and 1900 comprised stories produced by journalists based in Nottingham but compiled and presented by a reader in studios in Birmingham. Weekend bulletins between 0700 and 1300 were presented by journalists based in either Nottingham or Birmingham. All bulletins were unique to the radio station. GEM 106 employs two journalists, both of whom are based in Nottingham. Other local material broadcast by GEM 106 included local traffic and travel news, which was broadcast weekdays every 15 minutes between 0600 and 0900 and every 20 minutes between 1500 and 1900, and at weekends hourly between 0900 and 1400. On the days monitored, traffic and travel bulletins were typically of between 10-20 seconds duration. Local weather updates were broadcast hourly at the end of the news bulletins between 0600 and 1700. Locally-made programmes contained listener interaction e.g. through listeners phoning in to the breakfast show, while within presenter links, reference was made to different aspects of the local area such as, on one of the days monitored, the impact of an unseasonably cold snap on the locality. The combination of news, traffic and travel and other information, together with both the frequency and amount of airtime allocated to these elements and the level of locally- produced material broadcast, were consistent with the Format requirements to deliver a 'full service' radio station. As noted above, GEM 106's Format requires it to broadcast 'mainstream popular music' that would appeal to 25-44 year-olds. When monitored, among the songs played on this station, those listed below satisfactorily met this term. 2 0600 - 1900 Title Artist Michael Jackson The Way You Make Me Feel James Sit Down Sia feat. Sean Paul Cheap Thrills Carly Rae Jepsen Call Me Maybe Clean Bandit & Jess Glynne Real Love Lukas Graham 7 Years Olly Murs feat. Rizzle Kicks Heart Skips A Beat Natalie Imbruglia Torn Prince 1999 Two themed programmes playing songs selected by tempo from the 1980s were broadcast. GEM Anthems is broadcast Fridays at 1800 and 2200 and Saturdays commencing at 1700 and Sundays at 1900, and GEM Wind Down is broadcast between 1900 and 2200 Monday to Thursday and commencing at 2200 on Fridays and Sundays. The new owner’s plans The new owner of this licence proposes to provide news bulletins containing local news in line with the Format minimum. The duration of locally-made programmes (eight hours per weekday and four hours each on Saturdays and Sundays) would exceed the Format requirement by one hour per weekday. Frequent traffic and travel bulletins, and local weather updates (hourly during weekday daytimes) would be broadcast. The new owner plans to add entertainment news bulletins. See Annex 3. These proposals would be compliant with the broadcaster’s localness requirements. 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 GEM 106 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. January 2017 Annex 1 COMMERCIAL RADIO STATION FORMAT Service name GEM 106 Licence number AL200 Licensed area East Midlands area MCA population 1,657,293 Frequency/ies 106 MHz Character of Service A FULL-SERVICE TALK AND MAINSTREAM POPULAR MUSIC STATION FOR THE EAST MIDLANDS REGION, TARGETING PRIMARILY 30-54 YEAR-OLDS. Service duration 24 hours Locally-made Studio location: programming Locally-made programming must be produced within the licensed area. 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: No arrangements. 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: August 2015 Annex 2 Review of output questionnaire Date of review: 17th May 2016 Station Name: Gem Licensed area and licence East Midlands are. AL200 number: Licensee company: Orion Media (East Midlands) Ltd Submitted by (name and Mike Newman, Free Radio Brand Programme position): Director Existing Format Character of Service A full service talk and mainstream popular music station for the East Midlands region, targeting primarily 25-44 year-olds.
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