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Following is a question by the Hon Emily Lau and a reply by the Secretary for Commerce and Economic Development, Mrs Rita Lau, in the Legislative Council today (January 6):
Question:
It has recently been reported by the media that the Government welcomes any company to apply to the authority concerned for a domestic free television programme service licence (free TV licence), and a local pay TV company intends to submit an application. The results of an opinion poll conducted by the Democratic Party in August 2009 indicate that 76.3% of members of the public agree to the addition of one free TV station so as to introduce more competition. However, under the Broadcasting Ordinance, pay TV companies are disqualified from holding free TV licences because they already hold television programme services licences. In this connection, will the Executive Authorities inform this Council:
(a) whether public dissatisfaction with the performance of the existing free TV stations is the reason for the Government welcoming applications from other companies for a free TV licence;
(b) whether it is the Government's stance to support the addition of free TV stations; and
(c) whether it will propose to amend the Broadcasting Ordinance in order to facilitate the development of free TV programme services and enhance competition, so as to raise the quality of programmes?
Reply:
President,
I wish to briefly explain the application procedures for domestic free television programme service licence before replying to the question from the Honourable Member. Under the existing Broadcasting Ordinance (BO), after considering recommendations made by the Broadcasting Authority (BA), the Chief Executive in Council (CE in Council) may grant a domestic free television programme service licence. Each application will be considered on its own merit.
According to the BA's guidance note on domestic free television programme service licence application, the applicant should provide detailed information including the financial status of the corporation, the investment and management plan of the proposed broadcasting service, the proposed technology to be adopted, the variety, quantity and quality of programmes to be offered, time required for service roll-out, etc. Based on the information received on the above, the BA will make assessment on the application, including whether the proposed broadcasting service is technically feasible, complies with the relevant statutory requirements and licence conditions, and can bring benefit to the local broadcasting industry and the economy as a whole. The BA will assess the applications in accordance with the BO and established procedures, and will make recommendations thereon to the CE in Council.
Turning to the issues raised by the Hon Emily Lau, my integrated responses are as follows:
It has long been the Government's policy to promote the sustainable development of the local broadcasting industry and encourage investment and competition as well as the adoption of innovative technologies by the industry, thereby enhancing TV programming choices and quality, and strengthening Hong Kong's position as a regional broadcasting hub under a business-friendly environment. Subject to geographical and/or transmission constraint, we welcome application under the existing licensing and regulatory regime from any party which is interested in operating domestic free TV service in Hong Kong.
The provisions under the BO are comprehensive and forward-looking. We adopt a market-driven approach, which is also technology neutral and without a pre-set limit on the number of licences to be issued. In the light of the extensive coverage of TV broadcasting, the BO stipulates restrictions on cross-media ownership to avoid media concentration and editorial uniformity. Moreover, the BA has promulgated relevant codes of practice to ensure that the TV services provided by licensees meet the widely acceptable standards and public expectations, and that fair competition amongst the licensees in the same market is maintained.
With continuing advancements in technology, telecommunications and broadcasting are converging. To facilitate efficient, effective and coordinated regulation, the Government has decided to establish a unified regulator, the Communications Authority (CA), by merging the BA and the Office of the Telecommunications Authority, and will introduce a bill into the Legislative Council. We propose to firstly establish the CA and then proceed to make amendment to the relevant legislation, covering the BO, subsequently.
Ends/Wednesday, January 6, 2010
Issued at HKT 12:45
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