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The following is issued on behalf of the Communications Authority:
This press release summarises the Communications Authority's (CA) decisions made in March 2013:
Breach of telecommunications licence condition
The CA considered a case of non-compliance with the relevant licence requirement of a telecommunications licensee.
In November 2012, PCCW-HKT Telephone Limited and Hong Kong Telecommunications (HKT) Limited (collectively "HKT") made incorrect charge entries (through a bank) to the credit card accounts of a number of its customers for broadband service and Now TV service. After considering the assessment of the Office of the Communications Authority, the CA concluded that HKT had failed to comply with Special Condition (SC) 9.1 of its Unified Carrier licence (UCL), which requires it to take all reasonable steps to ensure that the billing system used in connection with the service is accurate and reliable. In addition, HKT had failed to comply with the requirement of paragraph 10 of the Code of Practice in relation to Billing Information and Payment Collection for Telecommunications Services (Code of Practice), with which HKT has pledged to comply, to take all reasonable, necessary and practical steps to ensure that the information used for collection of payment from customers is authentic and error-free.
Having considered the circumstances of the case and taken all factors into account, the CA decided that HKT should be strongly advised to observe more closely SC 9.1 of its UCL. HKT is also reminded to observe more closely paragraph 10 of the Code of Practice. For details of the case, please refer to the CA's decision, which is published at www.coms-auth.hk/filemanager/common/policies_regulations/ca_decisions/BillingIssue_20130403_e.pdf.¡@
Complaint cases
The CA also considered three complaint cases in respect of the broadcasting licensees' non-compliance with the relevant licence conditions and codes of practice on programme and advertising standards:
(a) complaints against the television programme "Blog the World" broadcast on the Home Channel of Asia Television Limited (ATV) on various dates from November 13, 2012, to January 1, 2013. The CA decided that a financial penalty of $80,000 should be imposed on ATV for breaching the relevant provisions in the Generic Code of Practice on Television Programme Standards (TV Programme Code);
(b) a complaint against the television advertisement for "NIVEA Deodorant Invisible for Black & White" broadcast on the I News Channel of Television Broadcasts Limited (TVB) on August 12, 2012. The CA decided that TVB should be strongly advised to observe more closely the relevant provisions in the Generic Code of Practice on Television Advertising Standards (TV Advertising Code); and
(c) a complaint against the television programme "The Magnificent Concubine" broadcast on the World Channel of ATV on September 5, 2012. The CA decided to classify the complaint as a minor breach and ATV is reminded to observe more closely the relevant conditions in its domestic free television programme service licence.
Details of the cases are at www.coms-auth.hk/filemanager/en/content_713/appx_20130403_en.pdf.
Ends/Wednesday, April 3, 2013
Issued at HKT 16:42
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