************************************************************
In response to further media enquiries on Television Broadcasts Limited allegedly providing broadcast-type mobile television services (Mobile TV Services), the spokesman for the Office of the Communications Authority (OFCA) said today (March 18):
"The Telecommunications Ordinance (Cap. 106) (TO) and the Broadcasting Ordinance (Cap. 562) (BO) are separate statutes which cover different areas, and have been in place for many years.
Broadcast-type mobile television services (Mobile TV Services), as with other telecommunications services, are regulated under the TO.
Domestic free/pay television programme services, as with other broadcasting services, are regulated under the BO.
Under the TO, section 8(1)(aa) stipulates that save under and in accordance with a licence granted there under, no person shall in Hong Kong offer in the course of business a telecommunications service.
The possibility of television signals of a domestic free television programme service licensee being received by portable devices does not mean that that licensee in question should necessarily be treated as offering, in the course of business, Mobile TV Services for the purposes of the TO. Digital terrestrial television (DTT) signals of the domestic free television programme service licensees have wide coverage over the majority of the territory of Hong Kong. Accordingly, the possible reception of those DTT signals by portable devices does not necessarily mean that the licensee in question should be treated as providing Mobile TV Services.
On the other hand, section 5 of the BO stipulates that a person shall not provide a broadcasting service except under and in accordance with a licence. This regulatory regime is intended to regulate the content of broadcasts to television sets fixed in premises to protect, for instance, children and teenagers.
The BO further specifies that a domestic free/pay television programme service means a television programme service which, amongst other matters, is intended or available for reception by an audience of more than 5 000 specified premises in Hong Kong. It follows that the mere fact that a company holds a unified carrier licence under the TO does not exempt it from the need to comply with further licensing requirements under the BO if the service it intends to provide triggers those licensing requirements."
Ends/Tuesday, March 18, 2014
Issued at HKT 21:20
NNNN
