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Introduction

The Communications Act 2003 introduced a new duty on Ofcom in relation to the local content and character of analogue local commercial radio. Under section 314, Ofcom must carry out its functions in relation to local commercial radio services in the manner it considers is best calculated to secure that:

• “programmes consisting of or including local material are included in such services but, in the case of each such service, only if and to the extent (if any) that Ofcom considers appropriate in that case; and
• where such programmes are included in such a service, what appears to Ofcom to be a suitable proportion of them consists of locally-made programmes.”

In line with the Statute, Ofcom is required to draw up guidance as to how it considers that these requirements should be satisfied, and have regard to this guidance in carrying out its functions in relation to analogue local commercial radio.

We consider that localness is comprised of two separate elements:

• locally made programmes; and
• local material

Localness is not an issue for all stations, but where it is demanded within the format, it should be addressed directly as per these guidelines.

The extent to which local material is included in the service provided by a licensee varies by station and is specified in the station’s Format. Ofcom regards the Format, as supported by the localness guidelines, as fulfilling the statutory requirement regarding the provision of an appropriate amount of local material and a suitable proportion of locally made programmes.

Ofcom guidelines are not rules or demands as such. However, Ofcom feels it is useful to outline the sort of considerations that may come into play if it becomes necessary to investigate a station’s localness output. Many of these considerations are based on listener expectation.

Locally-made programmes

It is the obligation of each station to deliver the level of locally-made programmes output as defined within the Format in whichever way it sees fit within its licence conditions. The guidelines set out the areas of issue that may be questioned by Ofcom if it has cause to investigate a station’s localness output. The extent to which any particular guidelines have been considered may vary, dependent on the context of the complaint.

While stations are free to network programmes outside the requirements regarding locally-made programming in their formats, they are still expected to be able to respond to local events in a timely manner, providing live local programming in the way and at times that audiences expect.

FM local stations

Each FM station should produce a minimum of 10 hours a day of locally-made programming during weekday daytimes (this should include breakfast). Programming should include local material across those 10 hours as a whole, although there is no expectation that local material would be included in each of those individual hours if this is not appropriate.

Each station should produce a minimum of 4 hours a day of locally-made programming at weekends (in daytime) which should include local material.

In exceptional cases, if a station can put forward a convincing case as to why it should be treated differently, for example, as a specialist music station, and so have to provide less local material and less locally-made programming than the guidelines suggest, Ofcom will consider such requests on a case by case basis.

We will also apply the FM guidance set out above to any AM local commercial station where at least half the population within its Measured Coverage Area (MCA) is not also within the MCA of an FM local commercial station.

Daytime is defined as 0600 to 1900 both weekdays and weekends.

AM local stations^(-1-)

Each AM station should produce a minimum of 4 hours a day of locally-made programming, which should include local material, during weekday and weekend daytime.

At least 10 hours of programming during weekday daytimes should be produced within the nation where the station is based (i.e. if the minimum 4 hours is locally-made, a further 6 hours should be produced from elsewhere in that nation)^(-2-).

Daytime is defined as 0600 to 1900 both weekdays and weekends.

Local material

Local material can be both characterised and delivered in a number of ways (news, information, comment, outside broadcasts, what’s-on, travel news, interviews, charity involvement, weather, local artists, local arts and culture, sport coverage, phone-ins, listener interactivity etc.), therefore precise definitions can be unhelpful.

All stations should broadcast local news throughout peak-time both on weekdays (breakfast and afternoon drive) and weekends (late breakfast). Outside peak time, UK-wide, nations and international news should feature.

What it is

• Station programming of specific relevance which also offers a distinctive alternative to UK-wide or nations’ service;
• Content drawn from, and / or relevant to, the area is often the major point of difference between stations, and therefore licensees should be able to identify a range of local aspects of their stations and how they are providing output specific to their area;
• The feel for an area a listener should get by tuning in to a particular station, coupled with confidence that matters of importance, relevance or interest to the target audience in the area will be accessible on air; and
• Programming likely to give listeners a feeling of ownership and / or kinship, particularly at times of crisis (snow, floods etc).

What it isn't

• Localising news (e.g. conducting vox pop interviews in one area and playing them out as if from another or inserting local place names into UK-wide stories) without local news / information generation would not be regarded as a contribution towards localness;
• Pure promotional off-air activity such as station promotion in the area (vehicles carrying station logos, roadshows, etc.) are not in themselves substitutes for localness without on-air activity involving something other than self-promotion;
• Competitions / promotions that invite and involve listener participation from outside a station area would not be regarded as a contribution to localness; and
• The Communications Act 2003 [Section 314] stipulates that advertisements are not regarded as local programming within the context of localness and Ofcom's localness guidance.

These statements are guidelines which recognise local material can be delivered in many ways, which are neither mutually exclusive nor individually obligatory. For instance, regular featuring of local music or artists is not a pre-requisite ingredient for the delivery of local material, but would certainly be regarded as a contribution towards such delivery. Similarly, the organisation of roadshows and the presence locally of promotional vehicles are regarded by Ofcom as important aspects of radio station activity, but could only be regarded as a contribution towards the delivery of local material if such activity manifested itself constructively on-air, as Section 314 requires Ofcom to consider only what is included in programmes.

News provision

In addition to the above general guidance we want to outline the sort of factors likely to be considered by Ofcom if the provision of local programming at a particular station is questioned. Such factors are guidelines only, but the extent to which they may appear to have been considered might influence Ofcom’s findings in the event of Ofcom ‘output’ scrutiny.

• All stations should broadcast local news throughout peak-time both on weekdays (breakfast and afternoon drive) and weekends (late breakfast). Outside peak time, UK-wide, nations and international news should feature.
• For listeners, it is the quality, relevance, timeliness and accuracy of the news that matters, not where it is read from. Any group of stations may therefore operate news hubs in any way which makes operational sense for them. However, in order to provide a comprehensive local news service in touch with the area it is covering, Ofcom believes each station should have direct and accountable editorial responsibility for covering its licensed area. It also believes that the appropriate provision of professional journalistic cover, based within the licence area, on days when local news provision is a Format obligation, is a reasonable minimum expectation. Any individual station should have procedures in place to be able to react to and report on local news events in a timely manner. Therefore, while Ofcom understands the need to record news bulletins this should be as an exception rather than a rule. Ofcom also draws the attention of licensees to the research findings and listeners’ expectations that peak time bulletins should be live (or pre-recorded only shortly before transmission); an expectation we believe is reasonable.

Co-location and programme sharing

Stations can apply for co-location; in deciding whether to allow co-location, the sort of factors Ofcom may take into account are:

• Size of station: there may be stronger case for co-location and/or programme sharing where at least one of the stations has a licensed area with a population of fewer than 250,000, and especially those under 100,000, although we would not rule out requests from larger stations in exceptional circumstances.
• Distance and affinity between the areas: there is likely to be a stronger case for co-location where the stations concerned are not too far apart geographically and are able to demonstrate a cultural affinity between the two areas.
• Financial: there may be a stronger case for co-location where stations can demonstrate that co-location is required to ensure the financial viability of the stations concerned.

However, there may be other factors to be taken into account, and Ofcom will treat each co-location request on a case-by-case basis. Ofcom does not rule out allowing co-location for larger stations in exceptional circumstances.

The decisions as to whether to allow co-location and/or programme sharing are independent of each other.

FM local stations

FM stations can also apply to share programming within their 10 hours of locally-made programming on weekdays to form a small regional network, but should still provide 4 hours of bespoke (i.e. specific to each station) programming with local material every day, including breakfast on weekdays. This should be locally-made within the licensed area unless co-location has been agreed. The criteria used to decide whether to allow such programme sharing will be the same as those used to decide upon co-location, set out above.

Automation

It is up to each station to decide how best to produce its locally-made programming and so there are no restrictions on the amount of automation (e.g. using voice tracking) that a station may use. To the extent that such programming forms a part of local hours (as defined in the station’s Format), any such automated programmes should be locally-made and to the extent it comprises part of the station’s local material should take account of Ofcom’s localness guidelines. However, as with news, licensees are expected to take into account listeners’ expectations and be able to react to events on a timely basis when it comes to automated and live programming.

Footnotes:

1.- Any AM local commercial station where at least half the population within its Measured Coverage Area (MCA) is not also within the MCA of an FM local commercial station will have FM local guidance applied.

2.- This particular requirement is based on Ofcom’s duty under section 3(4)(l) rather than under section 314 of the Communications Act 2003.

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