Analogue Commercial Radio Licence: Format Change Request Form

Date of request:		
Station Name:		
Licensed area and licence number:		
Licensee:		
Contact name:		

Details of requested change(s) to Format

Character of Service 

Complete this section if you are requesting a change to this part of your Format	Existing Character of Service:

	
	Proposed new Character of Service:

	
Programme sharing and/or co-location arrangements
 
Complete this section if you are requesting a change to this part of your Format	Current arrangements:	
	Proposed new arrangements:

	
Locally-made hours and/or local news bulletins  

Complete this section if you are requesting a change to this part of your Format	Current obligations:

	Proposed new obligations:

The holder of an analogue local commercial radio licence may apply to Ofcom to have the station’s Format amended.  Any application should be made using the layout shown on this form, and should be in accordance with Ofcom’s published procedures for Format changes. 

Under section 106(1A) of the Broadcasting Act 1990 (as amended), Ofcom may consent to a change of a Format only if it is satisfied that at least one of the following five statutory criteria is satisfied: 

(a) 	that the departure would not substantially alter the character of the service;

(b)	that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living the area or locality for which the service is licensed to be provided; 

(c)	that the departure would be conducive to the maintenance or promotion of fair and effective competition

(d) 	that 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; or

(e)	that (i) the departure would result from programmes included in the licensed service ceasing to be made at premises in the area or locality for which the service is provided, but (ii) those programmes would continue to be made wholly or partly at premises within the approved area (as defined in section 314 of the Communications Act 2003 (local content and character of services)).

Only one of these five criteria need be satisfied in order for Ofcom to consent to the proposed change.  However, even if Ofcom is of the opinion that the proposed change satisfies one or more of the statutory criteria, there may be reasons (depending on the particular circumstances of the case) why Ofcom may not consent to the proposed change. The additional criteria to which Ofcom will have regard when exercising this discretion can be found on our website.

Applicants should note that, under section 106ZA of the same Act (as amended), a proposed change that does not satisfy the first or last of these criteria (i.e. a change that Ofcom considers would or could substantially alter the character of the service, or does not relate to the origin of locally-made programmes) must, if it is to be considered further under any of the other three criteria, be consulted upon. 

In the event that Ofcom receives a request for Format change and considers that criterion (a) or (e) is not satisfied, it will seek confirmation from the applicant as to whether it wishes to proceed with the request (and, if so, whether it wishes to amend or replace its submission in light of the necessity to make it public).#

Please set out the statutory criterion, or criteria, set out in section 106(1A) of the Broadcasting Act 1990 that you believe is/are satisfied in relation to this Format change request, and the reasons for this.

	

Please provide any additional information and/or evidence in support of the proposed change(s) below.  In particular, the applicant may wish to outline how they see that the proposed change fits within Ofcom’s published Format change request policy and also Ofcom’s Localness guidance, which includes our co-location and programme sharing policy. 

Notes

# Ofcom may approve a change under any of criteria (b) to (d) without consultation, or after a consultation of less than 28 days, if Ofcom considers that to hold a consultation at all, or for 28 days or more, would result in a delay that would be likely to prejudice the interests of the licensee.  Ofcom may also remove for the purposes of consultation any confidential information submitted by the licensee.

Data Protection
We require the information requested in this form in order to carry out our licensing duties under the Broadcasting Act 1990, Broadcasting Act 1996 and Communications Act 2003. Please see Ofcom’s General Privacy Statement www.ofcom.org.uk/about-ofcom/foi-dp/general-privacy-statement for further information about how Ofcom handles your personal information and your corresponding rights