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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 19th meeting held in May 2013:
Extension of deadline to provide electronic programme guide on digital audio broadcasting services
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The CA approved the extension of deadline for the three digital audio broadcasting (DAB) licensees, namely Digital Broadcasting Corporation Hong Kong Limited, Metro Broadcast Corporation Limited and Phoenix U Radio Limited, to provide an electronic programme guide (EPG) on their DAB services from September 21, 2013, to September 21, 2014, subject to the condition that the licensees should submit to the CA an action plan by September 21, 2013, and a progress report by June 21, 2014, on introduction of EPG.
The DAB licensees are required under their licences to co-ordinate with each other and Radio Television Hong Kong to launch EPG by September 21, 2012, showing scheduling information of current and upcoming programmes broadcast by the operators. The deadline was extended to September 21, 2013, upon approval of the CA in September 2012, subject to the condition that the licensees should submit an action plan by December 21, 2012, and a progress report by June 21, 2013, on the introduction of EPG.
Subsequent to the approval above, the licensees made an application to the CA in December 2012 to postpone the roll-out of EPG indefinitely. They submitted that the earlier cessation of operations by one of the DAB licensees had substantially increased the uncertainties they faced and, as a result of which, all network enhancement works would not be their top priorities until their business prospects improved. Moreover, the licensees submitted that some DAB radio manufacturers had discontinued producing EPG radios.
The CA did not consider the request from the licensees for postponing the EPG implementation indefinitely justifiable. Despite the changing market conditions, it was incumbent upon the licensees to exercise due diligence to manage such risk and take necessary steps to fulfil their licence commitment. With the resumption of operations of the licensee concerned, the operators should be able to continue their liaison for the introduction of EPG. For the above reasons, the CA rejected the licensees' application to postpone the roll-out of EPG indefinitely.
Nevertheless, the CA noted from the licensees' submissions that the availability of EPG-enabled DAB radios was hitherto low globally. Hence, the CA decided to further extend the deadline for launching EPG by 12 months to September 21, 2014, so that the DAB operators could have more time to liaise with the DAB radio manufacturing industry to enable an adequate supply of EPG-enabled products to the listening public upon introduction of the service.
Complaint cases
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The CA considered a complaint against China Mobile Hong Kong Company Limited (CMHK) for breaching section 7M of the Telecommunications Ordinance (Cap. 106) (TO). The complainant alleged that the representations made by CMHK in the promotion of its mobile services sent by short message 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 was of the view that CMHK had engaged in misleading or deceptive conduct in breach of section 7M of the TO. The CA concluded that a financial penalty of $90,000 to be imposed on CMHK was proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decision which is published on the CA's website at www.coms-auth.hk/filemanager/statement/en/upload/179/CMHK_FinalDecision_20130506_e.pdf.¡@
The CA also considered two complaint cases in respect of broadcasters' non-compliance with the relevant code of practice on programme standards:
(a) A complaint against the television programme "SINOMAX Special: Healthy Sleeping, Wealthy Life" broadcast on the TVB Jade and HD Jade Channels of Television Broadcasts Limited (TVB) on October 22 to 26 and 29 to 31, and November 1 and 2, 2012. The CA decided that TVB should be seriously warned to observe more closely the relevant provisions in the Generic Code of Practice on Television Programme Standards (TV Programme Code); and
(b) A complaint against the television programme "To Be Number One" broadcast on the TVB Movies Channel of TVB Pay Vision Limited (presently known as TVB Network Vision Limited) (referred to hereafter as TVBNV) on May 6, 2012. The CA decided that TVBNV should be advised to observe more closely the relevant provisions in the TV Programme Code.
Details of the two cases are at www.coms-auth.hk/filemanager/en/content_713/appx_20130506.pdf.
Ends/Monday, May 6, 2013
Issued at HKT 17:08
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