Draft Small-scale Radio Multiplex and Community Digital Radio Order 2019

Margot James Excerpts

Tuesday 16th July 2019 General Committees

[The Minister for Digital and the Creative Industries (Margot James)]

I beg to move,

That the Committee has considered the draft Small-scale Radio Multiplex and Community Digital Radio Order 2019.

It is a pleasure to serve under your chairmanship, Mr Robertson. The Government are a passionate supporter of radio, whether it is from the BBC, the commercial sector or the growing community radio sector. Today, we are debating a new approach that will open up digital radio to the smaller commercial and community stations.

Radio is a very popular medium. The latest industry figures from RAJAR—Radio Joint Audience Research—indicate that more than 89% of UK adults, or almost 49 million people, still listen to radio each week. Although radio’s popularity has been stable over recent years, radio is changing, and listeners’ habits are changing too. Audience listening figures published by RAJAR a few months ago highlight the continued strong take-up of digital radio, which now accounts for 56.4% of all radio listening. A key driver has been the installation of digital radio in new cars. According to the Society of Motor Manufacturers and Traders, 93% of all new cars sold now have digital radio receivers as standard, up from less than 5% a decade ago, and more than a third of in-car listening is now on digital radio.

The radio and automotive industries expect the long-term shift to digital to continue. It has important implications for approximately 300 small community and commercial radio stations that are currently broadcasting on FM and AM frequencies but not on digital radio, owing to insufficient capacity available on the mainly county-sized local radio multiplexes, especially those serving urban areas. The costs of carriage on those local radio multiplexes can also be too high for some small local stations, while the coverage area that they provide may be too large for small stations in comparison with their own core FM/AM transmission areas.

Small stations recognise the risk that they will lose prominence with local audiences as digital radio becomes increasingly the default mode of listening, so they have lobbied strongly for an affordable route to broadcast via terrestrial digital radio. To address the issue and provide small stations with a viable route to broadcast on a digital platform, we supported the development of a brand-new approach to digital radio transmission, known as small-scale digital audio broadcasting.

Small-scale DAB is digital radio. It uses advancements in software and new transmission techniques to provide a flexible and cheap approach to digital transmission that performs well in localised geographical areas. With funding provided by my Department, Ofcom successfully tested the viability of small-scale DAB technology in 10 technical trials in various locations around the country. However, the temporary licensing arrangements used for those trials was not appropriate for the long-term licensing of small-scale radio multiplexes.

The existing legislative framework set out in part II of the Broadcasting Act 1996 places a number of burdens on radio multiplex operators that are not necessary or appropriate for small-scale radio multiplex services. Crucially, it does not allow Ofcom to reserve capacity for the community radio stations or enforce restrictions on ownership, both of which are essential if smaller stations are to be on a fair playing field.

To address the issue, the Department for Digital, Culture, Media and Sport supported the private Member’s Bill successfully taken through the House by my hon. Friend the Member for Torbay (Kevin Foster), which received cross-party support. That legislation, the Broadcasting (Radio Multiplex Services) Act 2017, amended the Communications Act 2003 to provide a power to modify through secondary legislation the rules for radio multiplex licensing set out in part II of the Broadcasting Act. I place on the record my thanks to my hon. Friend for his skill and energy in getting that legislation through the House.

Following that, we consulted the radio industry early last year on detailed proposals for a new, lighter-touch licensing framework and received 87 responses. We published our response to those responses last October. Overall, there was strong support for the proposals, but there were representations on whether we had got the balance right between protecting the legitimate interests of the community radio sector and allowing the commercial sector some involvement. We have reflected those points in drawing up the framework and have worked closely with Ofcom during the preparation.

The order seeks to protect the interests of community radio and small commercial stations, while ensuring that only the minimum necessary burdens are placed on organisations that want to operate a small-scale radio multiplex service. The order exercises powers under new section 258A of the 2003 Act to introduce a lighter-touch framework for licensing small-scale radio multiplex services. It also uses the pre-existing power under section 262 of the 2003 Act to provide for the creation of community digital sound programme services, known as C-DSPs.

The issue that attracted the most attention during the consultation was focused on who could hold a small-scale radio multiplex licence and the proposed limits to the number of those licences that could be held by one player. The Community Media Association wanted strict rules that limited licences just to not-for-profit entities and limited them to holding a single licence. However, we were concerned that that approach would exclude many of the existing operators of the successful small-scale trials. We think it important to have a mixed economy —for commercial entities to be involved and apply their skills and investment to develop small-scale DAB. None the less, we recognise that restrictions on ownership are necessary to avoid a potential concentration of ownership —that would undermine the ability of community radio—and to promote diversity of ownership of small-scale radio multiplex services. The provisions in the order seek to strike the right balance between those aims.

As part of the consultation, and following further discussions with the Competition and Markets Authority and Radiocentre, we have made a number of changes to the original proposals to strengthen the protections for community radio. The order ensures that the spectrum capacity reserved for community radio on a small-scale radio multiplex is a firm reservation. In other words, it must be maintained for use by community digital radio stations—C-DSP licence holders. The order requires Ofcom to place a condition in the licence that requires a small-scale radio multiplex licence holder to publish information about the carriage fees charged. Finally, the order requires Ofcom, when awarding a small-scale radio multiplex licence, to consider the extent of involvement of community radio in a particular application.

In addition to those measures, the order sets out the detailed framework that will allow Ofcom to license small-scale radio multiplex services.

[Nigel Mills (Amber Valley) (Con)]

I look forward to hearing the excellent Amber Sound if it gets to move on to DAB in the future. Can the Minister confirm that the restrictions on ownership will apply not just at the start of a licence but throughout, so that if someone tried to consolidate and produce some sort of national or regional network via the back door, that would invalidate their licences and those would be freed up again for community radio stations, so that we do not end up with what has happened on the FM or existing networks when what we thought were regional stations had become a national one by the back door?

[Margot James]

I thank my hon. Friend for raising a very valid point. A duty will be placed on Ofcom to ensure that what he fears cannot come about. There is quite a complex array of conditions. For example, no station can own more than 20% of the entire number of licences that are issued under the new format. I think that my hon. Friend will be reassured by the various measures that we have in place to ensure that a concentration of ownership and a national channel by the back door do not come about. I will go through a few of those restrictions and conditions.

We will require Ofcom to reserve capacity on small-scale radio multiplexes for community digital radio stations. A minimum of three slots must be available, with a variable upper limit set by Ofcom based on its assessment of local need. We will create a new community digital sound programme category of licence for community stations broadcasting on digital; C-DSP licensees will need to commit to the same social value requirements that apply to existing community stations.

We will restrict the total number of small-scale radio multiplex licences that one company can hold at any time; I hope that that allays my hon. Friend’s concerns. We will also place restrictions on the number of small-scale radio multiplex licences that existing national operators can be involved with, and require them to exercise their involvement in consortium with other partners.

We will give Ofcom the flexibility to determine the size of small-scale multiplexes, but with a policy target to set a maximum based on 40% of the population served by any overlapping local radio multiplex. If there is no overlapping multiplex, the draft order sets a limit of 7,500 sq km.

The draft order contains a small but important provision in relation to community radio licensing. Community radio has been a major success, with more than 280 services on air. The licence terms for the first stations launched in 2005 are due to expire in 2020. We want community stations to continue to focus on what they are doing well—serving their local communities—rather than be concerned about the renewal of licences at a time when they will need to think about digital radio carriage on new small-scale multiplexes. The order will therefore allow for a further extension of analogue community radio licences for a fourth five-year term, bringing the maximum total up to 20 years. That will avoid the need for Ofcom to re-advertise the first wave of community radio licences, which it would have needed to do later this year.

We believe that small-scale DAB has the potential to revolutionise community radio in the UK, and radio overall. The draft order will facilitate a more appropriate structure of licensing and will provide an opportunity for the 300 existing community radio stations—such as Black Country Radio, which is owned by a community interest company in my constituency of Stourbridge—and for small commercial radio stations, as well as for new entrants. The extensive technical trials have demonstrated that small-scale DAB provides a low-cost and viable option for smaller stations to broadcast on a terrestrial digital platform. I commend the draft order to the Committee.

--- Later in debate ---

[Margot James]

I thank the shadow Minister for his forensic analysis of the regulations. He asks many good questions; I will do my best to answer them here and now, but if he feels toward the end of my summary that there are some burning issues outstanding, no doubt he will intervene, and I will then write to him on any other matters that require further explanation.

The hon. Gentleman has been through the consultation, to which we received 70 very detailed responses. We have assessed all those responses. He asked for my vision of how this will look in 10 years’ time; we have tried to strike a balance between the need for commercial investment, knowledge and know-how into the radio sector as we move toward majority digital listening, and the absolute protection of the opportunities for genuine community radio stations, so that they are not priced out of business or consolidated to form, in effect, a national chain.

I share the hon. Gentleman’s view that that is the tension. We have done our best to strike the right balance. I will go through some of the points he raised in more detail. Reinforcing these regulations is the fact that Ofcom completed its localness review and developed new localness guidance at the end of last year, to ensure that in any consolidation of radio stations there must be strong local reporting, local news and other local content to all stations, regardless of ownership. We are seeking to protect localness not simply through the ownership structures but through regulations.

We have a great number of restrictions, which I will go through. Returning to the vision for the future, the other important element is that we want radio to continue to grow, to be dynamic and to meet the needs of not only local populations but diverse populations. There is endless capacity, with the digital revolution in radio, for radio stations to be set up to serve niche interest groups as well as localities, and we want to see that dynamism flourish. That is what is behind these regulations.

The hon. Gentleman is right that the digital figures are going up, but they are still only just more than 50%, so we need to look after the rest of radio. My Department and I announced two months ago that we would undertake a review of radio overall, which will look at analogue services as well as the future of digital radio.

We intend to apply protections to the licences that Ofcom will provide. We will limit any company to a maximum of 20% of all licences that are available at any given time. We will limit the involvement of existing national operators. The hon. Gentleman asked about the likes of Bauer and Global; those types of national operators will only be able to hold a maximum 30% stake in a company holding the licence, and they will be limited to being involved in a maximum of six licences.

Local radio multiplex operators may hold a small-scale radio multiplex licence, except where the coverage area of that local radio multiplex overlaps with the coverage area of the small-scale radio multiplex service. The overlapping regulations are complex, but they are designed to prevent the creep of local stations into regional stations and ultimately under national ownership. Preventing small-scale radio multiplex licences from holding adjacent licences from the coverage overlap is significant within a single local radio multiplex area. We believe that it will prevent the build-up of regional licensees.

In terms of community radio, the hon. Gentleman asked about small-scale multiplex licences, and whether Ofcom should give additional weight to applicants promoting C-DSPs to return any surplus into the local community station sector. We think that the current position is reasonably clear. Ofcom has to consider the extent of involvement of community radio in a particular application when awarding small-scale radio multiplex licences. Specific requirements on multiplex operators to promote or invest in the sector have not really worked for local television.

The hon. Gentleman also asked about price transparency and whether we should charge C-DSPs at net cost. We considered that as part of the industry consultation, but we believe that the extensive protections that we have in place will ensure that the carriage costs for community radio services will be reasonable. The conditions and restrictions that we have put in place form a better approach than undertaking a complex price control structure, which would be difficult to enforce.

I think the hon. Gentleman asked about fixed-cost allowances—I cannot remember whether he did or not, to be honest. Ofcom has created a regime for community radio stations on a digital platform, comparable to the analogue stations set up under the original community radio order. He did ask about simulcast broadcast over FM and DAB services. That will be permitted and encouraged under Ofcom guidelines, and will be supported.

The hon. Gentleman also talked about the fall in income of radio stations and community radio stations. It is a diverse market. Some stations have flourished, in terms of not just the content that they provide but the income that they are building up and the number of listeners that they reach. As I said at the beginning, it is important that we balance the need for investment and the profit motive with the community structure, because if the market becomes too fragmented and too oriented to not-for-profit, one might find that the picture that he paints of declining revenues persists.

[Kevin Brennan]

Will the Minister give way?

[Margot James]

Yes, I will gladly give way as I try to find my notes!

[Kevin Brennan]

Some in-flight refuelling required, I think. Can the Minister say anything about the £15,000 limit, and why the automatic extension of licences is being applied across the piece, preventing other community radio players from being able to apply for FM licences?

[Margot James]

To answer the second question first, we are undertaking a review of radio, into which I will happily incorporate his concerns. There is a scarcity of available FM, which is a key constraint, as I am sure the hon. Gentleman will accept. With regard to funding, in addition to the £15,000 limit, 50% on any income above the £15,000 would be permitted. That was changed in 2015. Any further relaxation would, we think, take community radio away from the not-for-profit model. We believe that there is a need for some restrictions, as well as demand for community radio, as seen by the demand in recent Ofcom licensing reviews.

The hon. Gentleman also asked about the community radio fund, which is at the moment £400,000. That has gone up in the last two years, and we will keep that figure under review. We recognise the need for the fund, but we do not envisage its being spread about all the stations. We want to give some mind to innovation, and to areas where there is a scarcity of supply of community radio. There are all sorts of criteria by which community stations can apply to the fund for resources, so it will not be equally spread over all the stations; not all of them will need it.

Unless the hon. Gentleman wishes me to write to him on any other points, I express my gratitude again for his scrutiny. We believe that the widespread development of small-scale radio multiplexes will result in huge collaboration between commercial and community radio to provide a more diverse mix of exciting new content for listeners. I believe that we have the constraints on the potential for too much national direction about right, but we will definitely keep that important matter under review. I commend the draft order to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Small-scale Radio Multiplex and Community Digital Radio Order 2019.