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The following is issued on behalf of the Communications Authority:
This press release summarises the Communications Authority (CA)'s decisions at its 12th meeting held in November 2012:
Joint request by China Mobile Hong Kong Company Limited and SmarTone Mobile Communications Limited to swap part of their assigned frequency spectrum in 1800 MHz band
The CA approved the joint request of China Mobile Hong Kong Company Limited (CMHK) and SmarTone Mobile Communications Limited (SmarTone) to swap 2 x 1.6 MHz of frequency blocks of their assigned spectrum in the 1800 MHz band. The frequency blocks involved are:
(a) CMHK: 1716.9 - 1718.5 MHz paired with 1811.9 - 1813.5 MHz (2 x 1.6 MHz); and
(b) SmarTone: 1781.7 - 1782.5 MHz paired with 1876.7 - 1877.5 MHz (2 x 0.8 MHz) and 1784.1 - 1784.9 MHz paired with 1879.1 - 1879.9 MHz (2 x 0.8 MHz)
CMHK and SmarTone are currently each assigned with 2 x 13.2 MHz frequency spectrum in the 1800 MHz band. Their spectrum assignments took place at different times and are not contiguous. CMHK and SmarTone submitted the joint request for spectrum swap to the CA in order to convert some of their fragmented frequency blocks to contiguous ones.
Considering that the spectrum swap will result in more efficient use of spectrum and should hence be encouraged, and that consumers will benefit from improved voice quality and network capacity, the CA decided to grant its approval with a number of conditions imposed, including that there should be no monetary exchange between the two licensees in effecting the spectrum swap. For details, please refer to the CA Statement, which is published at www.coms-auth.hk/filemanager/common/policies_regulations/ca_statements/08_2012.pdf .
Non-compliance cases
The CA considered a complaint against Hong Kong Broadband Network Limited (HKBN) for breaching section 7M of the Telecommunications Ordinance (TO) (Cap. 106). The complainants alleged that the representations made in some of HKBN's advertisements and promotional materials in relation to the transmission speed of its "1000M" broadband service were misleading or deceptive, thereby contravening section 7M. Having considered the findings of the investigation conducted by the Office of the Communications Authority, the CA is of the view that HKBN had engaged in misleading or deceptive conduct in breach of section 7M of the TO. The CA concluded that a financial penalty of HK$300,000 to be imposed on HKBN is proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decision, which is published at www.coms-auth.hk/filemanager/common/policies_regulations/ca_decisions/HKBN_FinalDecision_20121106_e.pdf .
The CA also considered four cases in respect of the broadcasting licensees' non-compliance with the relevant statutory requirements and codes of practice on programme and advertising standards:
(a) A complaint against the television programme "Tasty Congee & Noodle Wantun Shop Special: Chua Lam's Happiness in Asia" broadcast on the Home Channel of Asia Television Limited (ATV) on March 25, 2012. The CA decided that ATV should be strongly advised to observe more closely the relevant provisions in the Generic Code of Practice on Television Programme Standards (TV Programme Code) and the Generic Code of Practice on Television Advertising Standards (TV Advertising Code);
(b) A complaint against the television programme "Chua Lam's Happiness in Asia" broadcast on the Home Channel of ATV on March 11, 2012. The CA decided that ATV should be advised to observe more closely the relevant provisions in the TV Programme Code;
(c) Complaints against the television programme "Master of Play" broadcast on the Jade and HD Jade Channels of Television Broadcasts Limited (TVB) on seven days in May 2012 and six days in June 2012. The CA decided that TVB should be advised to observe more closely the relevant provisions in the TV Programme Code; and
(d) A case of non-compliance with statutory requirements on a television programme service locking device by TVB Pay Vision Limited (TVBPV) for nearly 80 minutes on April 5, 2012. The CA decided that TVBPV should be advised to observe more closely section 20 of the Broadcasting Ordinance (Cap. 562).
Further details of the above cases are in the Appendix.
Ends/Tuesday, November 6, 2012
Issued at HKT 17:35
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