Radio broadcast update – November 2024

South Hertfordshire

Stockport

Manchester

Overview

Haven FM (Pembrokshire) Limited (“the Licensee”) holds a local commercial radio licence (AL000272) to serve the area of Pembrokeshire via the provision of its service, Radio Pembrokeshire. This service commenced broadcasting in 2002 with the Licensed Area currently served through the provision of three transmitter sites, located at Haverfordwest, Tenby and Fishguard, although the original licensed advert by the Radio Authority was focused on the provision of the service for the County of Pembrokeshire.

Radio Pembrokeshire is available on DAB via the Mid and West Wales local DAB multiplex and also online via the Licensee’s website, mobile app and on DTT services. In September 2024, the Licensee submitted a proposal to switch off two of the existing transmitters located at Tenby and Fishguard, while keeping the Haverfordwest transmitter operational. On 1 October 2024, we published the Licensee’s proposal on the Ofcom website and invited comments.

For the reasons set out below, Ofcom has decided to approve the licence variation request submitted by Haven FM (Pembrokeshire) Limited to remove the obligation to broadcast its Radio Pembrokeshire service via the two transmitters at Tenby and Fishguard. The Licensee will continue to provide its service on FM via the transmitter at Haverfordwest.

The proposal

The Licensee provided the following reasons for its proposal. First, analysis completed by the Licensee demonstrates a continued decline in analogue listening when compared to increases in DAB/online listening to the service. The Licensee acknowledges that although FM listening remains higher than DAB according to RAJAR results, there is a continuing trend of declining analogue listening and it expects its DAB listening to overtake analogue within the next licensed period (which would also reflect both the Pembrokeshire and wider UK listening trends).

Second, the Licensee submitted a range of commercial impacts linked to declining local revenues, declining audiences and increasing costs. Information was provided to Ofcom (redacted from public view when the proposal was published due to commercial confidentiality) which highlighted the range of cost increases across a number of areas, which the Licensee has been considering in the context of maintaining the existing transmitter network. Further, the proposal highlighted that in order to maintain the current levels of service, the existing transmitter network would need to be updated or replaced, which would require immediate capital expenditure on behalf of the Licensee.

Third, the proposal highlighted that by switching off two of their existing three transmitters, there would be an inevitable environmental saving by having to use less electricity to provide the service on FM. They also stated that they have considered a range of alternatives to the proposed approach, including: closure of the service on FM/hand back the licence; use alternative transmitter providers; use alternative transmitter sites; locate and manage their own transmitter sites; use of alternative frequencies to provide the Radio Pembrokeshire service. The Licensee, having considered all options, considers some to be unviable while the current proposal is intended to minimise audience disruption/impact while mitigating some of the associated cost disadvantages currently being faced by the Licensee.

Finally, the Licensee provided detailed information highlighting, from their perspective, the potential impact on listeners were their proposal to be approved. It said that switching off the two FM transmitters in Fishguard and Tenby would only affect a very small number of listeners, notably that the remaining transmitter at Haverfordwest would continue to serve 94% of the current Licensed Area. The Licensee has also indicated the provision of the service across DAB, DTT and online which would mitigate the disenfranchisement of any listeners unable to access the service on FM if this proposal were to be approved. Additionally, the Licensee stated that they would attempt to minimise audience disruption through a social media and on-air campaign in advance of the closure of the transmitters to inform listeners of the changes and migrate them to the DAB platform.

Legal framework

When carrying out its functions, Ofcom must act in accordance with its duties in Section 3 of the Communications Act 2003. These include its principal duty to further the interests of citizens and consumers and its duties to have regard to the matters in section 3(3) and (4), including the opinions of consumers and the different interests of persons in different parts of the UK.

We have considered the Licensee’s request to vary its licence to remove the requirement to provide its service via three independent transmitters in the context of its licence condition to secure that the Licensed Service serves so much of the Licensed Area as is for the time being reasonably practicable.

This document comprises an impact assessment as defined in Section 7 of the 2003 Act. We have also conducted an equality impact assessment in light of our duty under section 149 of the Equality Act 2010.  We have not identified any impact specific to a group with protected characteristics.

The Welsh Language (Wales) Measure 2011 established a legal framework to impose duties on certain organisations to comply with standards in relation to the Welsh language. Ofcom recognises that Radio Pembrokeshire provides content in the Welsh Language and as such, this proposal is likely to have an impact on listeners in Wales. We consider our position in relation to the Welsh Language Measure in our decision section, below.

Ofcom’s decision

The “reasonably practicable” threshold entails a balancing exercise to ensure proportionality. To simplify, we put on one side any disadvantages involved in providing the service at the current level of coverage and, on the other side, the nature and extent of the risks involved if the current coverage of the service was reduced. In considering the various factors involved in this balancing exercise, we need to take account of our statutory duties.  

Within the current Licensed Area, we recognise that the removal of transmitters based in Tenby and Fishguard will have an impact on potential current listeners. In their proposal, the Licensee indicated that according to the analysis completed by its transmission provider, the service would see a reduction of 6% of MCA coverage. According to Ofcom’s analysis, the population coverage reach (adults 15+) of the existing service is 107,382. By removing the two transmitter sites at Tenby and Fishguard, the population reach who would still be able to receive the service would drop to 98,303, reducing the coverage of the service by 8.5% at the 54dBµV/m protection threshold. Further, our analysis has indicated that some listeners in the affected areas would still be able to access the service at the 48dBµV/m protection threshold, reducing the number of potential listeners who could be disenfranchised even further.

Ofcom has also analysed the corresponding DAB coverage to consider how the provision of the simulcast Radio Pembrokeshire service on DAB could further mitigate the disenfranchisement of FM listeners. This analysis has highlighted that Fishguard would continue to be served via the provision of the service on DAB, while parts of Tenby would also be able to receive the simulcast service on DAB. For the very small number of potential listeners who would not be able to access the service on either FM or DAB, the simulcast of the FM service would also be available online or via digital television. We therefore consider that the potential impact on listeners if the transmitters were switched off is likely to be minimal.

Ofcom published the proposal for representations for a period of one month on the Ofcom website and linked to this proposal within our Monthly Radio publication, inviting any interested parties to provide us with their comments and/or representations. Ofcom did not receive any objections in response to our invitation to comment on the Licensee’s proposal to switch off these transmitters and received one response supporting the proposal. In addition to this, the proposal highlighted to Ofcom that the Licensee would be engaging in proactive campaigns both online and on-air to highlight the coverage changes to its listeners in advance of the switch-off to support them in the transition to other platforms if required.

We have also taken into account that the costs of maintaining and upgrading the FM transmitter are material, given that this would impact the ongoing viability of the business model for the Licensee.

Ofcom recognises that analogue listening as a UK trend is in decline, with both DAB and online listening growing. While we acknowledge that the RAJAR listening figures highlight that Radio Pembrokeshire is an outlier to this trend, with analogue listening still higher than DAB, we accept that the trends for this service demonstrate ongoing declining analogue listening and increased DAB listening hours. We consider that this trend contributes to the argument that it no longer remains reasonably practicable for the Licensee to continue to provide its service to the entire Licensed Area via three transmitters.

In respect of Ofcom obligations under the Welsh Language Measure, we recognise that while the proposal from Radio Pembrokeshire will reduce the coverage in some areas within the existing Licensed Area and thus may have an impact on opportunities for persons to use the Welsh language, Ofcom considers that it is appropriate to approve this proposal for the following reasons. First, while the coverage area for this licence on FM is likely to reduce as a result of this proposal, Ofcom analysis has demonstrated that this would equate to a very small number of potential listeners within the current Licensed Area (8.5% of the current audience - this figure would be halved when considering whether potential listeners would be able to access the service at a lower, unprotected, threshold). Second, we recognise that the Radio Pembrokeshire service is simulcast and currently available on DAB. The DAB coverage would provide the service to the majority of listeners who would no longer be able to access the service on FM. Thirdly, the Licensee has demonstrated the provision of the service on other platforms, namely online but also via DDT transmissions; the availability of the service on these alternative platforms would result in all existing listeners still being able to access the service. We consider that this would mean the proposal would not impact on opportunities for persons to use the Welsh Language. Further, we do not consider that this decision would treat the Welsh language no less favourably than the English Language given that the service broadcasts the majority of its content in English, with a small amount of Welsh programming available.

For these reasons, we accept that it is no longer reasonably practicable for the Licensee to continue to provide its service to the entire Licensed Area. Therefore, we have decided to accept Haven FM (Pembrokeshire) Limited’s proposals and remove reference to the FM transmitters that the Licensee has proposed to close from its Broadcasting Licence and WT Act Licence, with effect from the date when Haven FM (Pembrokeshire) Limited intends to close them, which we expect to be in May or June 2025.

Increase in licensed area: An extension via a relay for Ryedale was AGREED.  The increase in the size of the adult population served was not deemed to be significant. 

Exceptional circumstances: Ofcom did not need to consider whether there were ‘exceptional circumstances’ to justify an increase in this case.  

Other considerations  

• The applicant explained that although the station does not currently serve this area, they continue to provide relevant content and support the proposed extended area by showcasing events, local businesses and community initiatives to existing listeners. Their stated commitment to increasing the availability of interviews, features and promotions of local events in the extended area will therefore enable the continuation of on-air social gain. 
• The Licensee demonstrated further commitment to delivering off-air social gain by detailing plans to recruit and train more volunteers from the proposed extended area by using their mobile broadcast unit and the opening of an additional studio. 
• The Licensee stated that the extended coverage area is predominantly rural and the proposal highlighted the importance of focusing on building a more cohesive community within the proposed extended area. Therefore, the proposed coverage extension will help forge links between the current licensed area and reduce the impact of isolation through informative and community-centric programming. This will promote inclusivity and ensure that all residents feel connected and represented. 
• The application demonstrated the relationship and affinities between the existing and proposed areas, explaining that all three areas sit within the same authority of York and North Yorkshire, and are connected by road and transport links. Residents in these areas are also served by the same hospital. 
• The application indicated the support and demand for the extension through representations from local organisations, whom would be supported by the service were the application approved.   
• The application reiterated the importance of the tourism industry in the current licensed areas of Scarborough and Witney. The Licensee suggested that the extension could support tourism promotion and collaboration in the proposed extended area, bringing further support and sustainability both to local businesses and organisations in the proposed extended area, and the service itself.  
• The applicant noted that the proposed extended area is underserved and neglected by traditional media outlets as it is not currently targeted by other services. The coverage extension will therefore provide local content to the target audience in the proposed extended area. 
• Ofcom had regard to the representations from three individuals who: 
  • asserted that community radio services should remain hyper-local and shouldn't cover such a wide area i.e. beyond a 5km radius expected of community radio services, arguing that the consequential significance of this request had not been justified by exceptional circumstances; 
  • questioned the licensee's position on the proposed extended area not being currently served by local services and the affinities between the existing and proposed areas; and 
  • questioned Ofcom’s approach to licensing and coverage extensions. 
• These representations were taken into account during the course of the decision and the decision maker considered that the proposal met the policy objectives for coverage extensions, noting: 
  • while an argument can be made that the geographic coverage would constitute a significant increase, the decision-maker considered that this was justified by large parts of the coverage being in rural areas with very few potential listeners. Additionally, Ofcom considers that the increase in adult population of the service would not be considered significant and therefore exceptional circumstances did not need to be considered; 
  • Ofcom has been considering coverage extensions for five years and recognises the benefits of additional social gain to adjoining areas provided by existing community radio services. The proposal highlighted how the extension of the service would meet the needs and expectations of the proposed audience, while also setting out the mechanisms the Licensee would put in place to ensure the extension of on and off-air social gain would be provided to the Ryedale community; and 
  • Results of technical analysis demonstrated that overlap with other services is negligible. 
  • Ofcom therefore considers that it is appropriate to approve the extension application for the reasons set out above.