Section 355 Review of Output

Sam FM (Solent region)

Publication Date: 16 September 2019

S355 Review: Sam FM (Solent region)

Introduction

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 6 February 2019, Celador Radio Limited sent Ofcom a formal request to transfer the analogue commercial radio licence for the Solent region to Nation Broadcasting Investments (South) Limited (‘Nation Broadcasting’). The licence transfer was approved by Ofcom on 27 February 2019. Ofcom has now carried out its review under section 355 in relation to this licence, which broadcasts as ‘Sam FM’. In doing so, we have reviewed the output of the service provided under this licence in the three months prior to the change of control taking place, and considered information provided by Nation Broadcasting with regard to the future programming of this service.

Ofcom’s assessment of the output of Sam FM (Solent) prior to the change of control

The Sam FM ‘South Coast’ service broadcast seven hours per day of locally made programming1 on weekdays, and four hours per day at the weekend, which was the minimum amount of local production required by Ofcom’s localness guidelines, prior to their revision in October 2018. Outside of these times, output was shared with Celador’s other Sam FM stations in Bristol and Swindon.

1 Locally-made programming defined as programming made within the licence area or wider ‘approved area.’ 1

S355 Review: Sam FM (Solent region)

Local news and sport bulletins of one minute and 40 seconds duration were delivered hourly 06.00- 19.00 weekdays and 08.00-12.00 at the weekends by a team of journalists working in Celador’s Southampton newsroom. Other local material broadcast by Sam FM each day included travel news bulletins every 20 minutes at peak-time on weekdays, and local weather forecasts aired hourly across weekday daytime, and between 08.00 and 12.00 at weekends. Sam FM was licensed as an “adult alternative” station. The Format requires it to play adult oriented album tracks, classic rock and predominantly non-contemporary pop/rock hits, with particular appeal for 35-59 year-olds. The station’s rock-leaning music output included tracks by artists such as Guns ‘n’ Roses, Iggy Pop, U2, ZZ Top, Suede, Supertramp and Van Halen. There were also pop/rock crossover tracks in evidence from artists such as Phil Collins, Tears For Fears, Elton John and Travis. The station’s overall output was highly music-intensive and notable for having a number of hours (including during the daytime) that were presenter-free.

The new owner’s plans

A brand licence agreement has been agreed with Bauer Radio Limited, the new owners of Celador Radio, for the continued use by Nation Broadcasting of the name ’Sam FM’ and the provision of up to 116 hours per week of programming from Celador which may be shared with the other Sam FM stations. Following its acquisition of the licence, Nation Broadcasting submitted a Format Change Request to Ofcom to reduce the required number of local programming hours on weekdays from seven to three per day. Ofcom approved this request in August 2018. Our reasons for doing so, and the request from Nation Broadcasting in full, can be found here. There are no plans by Nation Broadcasting to broadcast Sam FM’s required local hours from anywhere other than from its licensed area, or to share its locally-made hours with any other services. There are also no planned changes to the existing levels of local news provision, and the service will continue to provide regular local weather and travel bulletins.

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 the Solent regional licence considered in this Review was broadcasting any programming that was not already reflected in the requirements of its 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. September 2019 2