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Communications Authority press release
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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 22nd meeting held in August 2013:

2013 public engagement exercise to collect views on
variety and quality of TV programmes provided by
domestic free television programme service licensees
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     The CA has completed the 2013 public engagement exercise to collect public views on the variety and quality of programmes provided by the two domestic free television programme service licensees. A report summarising the views collected during the exercise has been uploaded to the CA's website.

     In the context of the mid-term review of Asia Television Limited (ATV) and Television Broadcasts Limited (TVB)'s licences conducted in 2010, the Chief Executive in Council approved the recommendations made by the former Broadcasting Authority which included, inter alia, the conduct of regular public engagement exercises to collect public views on the variety and quality of programmes provided by the two licensees. The first public engagement exercise was conducted in late 2010/early 2011.

     The 2013 public engagement exercise was conducted between February and May 2013. The CA received about 7 600 written submissions and conducted two focus group discussions. The views expressed were diverse. The more notable suggestions/comments received include:

(a) a greater variety of programmes should be provided;
(b) more programmes for the elderly should be provided;
(c) ATV should provide more locally/station-produced programmes;
(d) ATV should reduce the amount of re-run/repeat programmes and avoid making frequent changes to programme schedules;
(e) programmes on current affairs on ATV should be impartial;
(f) the quality of game shows on TVB should be improved;
(g) TVB should produce more dramas of new and/or positive themes; and
(h) there are too many cuisine and gourmet programmes on TVB which encourage a luxurious lifestyle.

     The views collected were sent to ATV and TVB for feedback and follow-up. The two licensees' responses and follow-up actions are set out in www.coms-auth.hk/filemanager/en/content_713/appx1_20130806_en.pdf and the CA notes the following:

(a) ATV has responded that the broadcast of locally produced programmes has gradually increased, especially those broadcast during prime time on the Home Channel. However, the CA notes that the programmes broadcast during non-prime time comprise much more repeat programmes and the percentage of first-run locally produced programmes during non-prime time is still on the low side;

(b) On repeat programmes, ATV has only offered to reduce the number of repeats from four to three times a day. As to its proposal to reshuffle the time slots of the re-runs, it is not apparent as to how that could help ATV meet the public demand for fewer repeat programmes. In sum, ATV's proposed improvement measures fall far short of addressing the public concern in this regard;

(c) ATV has submitted that programme hosts and guests should enjoy freedom of expression, and programmes on current affairs and hot topics, when classified as Personal View Programmes (PVPs), would be exempted from the provision governing due impartiality in the codes of practice issued by the CA. The CA notes that all PVPs have to comply with some ground rules as set out in the codes of practice, viz. providing a suitable opportunity for response and the need for a sufficiently broad range of views; and

(d) The quality of game shows on TVB has been a major concern in both the current and the last public engagement exercises. The CA considers that TVB should more fully take into account the public views on its game shows in its future productions.

     Regarding (a) and (b) above, there is currently no general requirement governing local productions and repeat programmes on domestic free television programme services. The CA may revisit these issues in the context of the forthcoming renewal of ATV and TVB's licences. Regarding (c), the CA is reviewing the provisions governing PVPs in the codes of practice in order to address the public concern.

     The CA would like to thank all individuals, organisations and groups who have given their views in the exercise as well as the two licensees for their participation. A report on the views collected and the licensees' responses is available on the CA website (www.coms-auth.hk/en/public_engagement_exercise/).

Extension of deadline for Phoenix U Radio Limited
to launch its third digital audio broadcasting (DAB)
channel
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     The CA approved the extension of deadline for Phoenix U Radio to launch its third sound broadcasting service channel from September 21, 2013, to September 19, 2014, subject to the condition that Phoenix U Radio should submit a $1 million performance bond within one month to secure the roll-out of the channel by the new deadline.

     Phoenix U Radio's sound broadcasting licence (the Licence) requires it to provide three DAB channels by the specified deadlines. Phoenix U Radio formally launched its first channel on January 18, 2012, eight months ahead of the deadline set out in the Licence (i.e. September 21, 2012) (the stipulated deadline). Phoenix U Radio was originally required under the Licence to launch the second and third channels within six and 12 months after the actual launch date of the first channel (rather than the stipulated deadline), i.e. by July 17, 2012, and January 17, 2013, respectively. In July 2012, the CA considered Phoenix U Radio's application for extending the deadlines for the roll-out of the second and third channels and accepted that it would not be fair to hold Phoenix U Radio to an expedited timetable for delivery of its second and third channels just because it was successful in launching the first channel ahead of the deadline. Thus, the CA agreed to extend the deadline for launching the two channels to January 17 and September 21, 2013, which are within six and 12 months of the stipulated deadline. Subsequently, Phoenix U Radio launched the second channel on October 18, 2012, about three months ahead of the extended deadline.

     In July 2013, Phoenix U Radio applied to further extend the deadline for launching its third channel from September 21, 2013, to December 31, 2014. In considering the application, the CA noted that Phoenix U Radio had demonstrated commitment to the development of DAB service. It was the first licensee formally launching DAB service in Hong Kong, eight months ahead of the second licensee, and had rolled out two-thirds of the channels committed in the Licence. Thus, the CA considered that there was a case for it to give suitable flexibility to Phoenix U Radio in the roll-out of the last channel.

     Regarding Phoenix U Radio's request for extending the deadline to December 31, 2014, the CA considered that if Phoenix U Radio's proposed deadline were acceded to, it would effectively render Phoenix U Radio to be the last DAB licensee to launch a full-scale service, more than three months after the deadline for the remaining two licensees to do so. Having taken into account Phoenix U Radio's submissions and the schedules on roll-out of channels by DAB operators, the CA approved that Phoenix U Radio should be allowed to defer the launch date for the third channel to September 19, 2014 (i.e. the day by which all DAB channels should be launched by the other two commercial DAB operators according to the DAB licences) on the condition that it should submit a $1 million performance bond to secure formal launch of its third channel within the new timeframe.

Non-domestic television programme service licence
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     The CA approved the application by Sun Television Cybernetworks Enterprise Limited for renewal of its non-domestic television programme service licence for 12 years, from November 8, 2013, to November 7, 2025 (both dates inclusive). With this newly renewed licence, there are 18 non-domestic television programme service licensees in Hong Kong providing more than 200 satellite television channels targeting viewers in the Asia Pacific region.

Hong Kong Cable Television Limited (HKCTV)'s
application for assignment of In-building Coaxial
Cable Distribution System (IBCCDS) channels
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     The CA, pursuant to the relevant conditions of the fixed carrier licence of HKCTV, decided to assign to HKCTV two 6-MHz IBCCDS channels in the VHF band (54-470 MHz) for the provision of its high-speed broadband service. The approval was subject to the condition that the high-speed broadband service so provided shall be capable of supporting a minimum download speed of 200 megabits per second (Mbit/s) and at least 10 000, 400 000, 1 000 000 and 2 000 000 premises shall be passed by HKCTV's network using the assigned channels for the high-speed broadband service within three months, one year, two years and three years following the CA's approval respectively. HKCTV will have to liaise directly and reach agreement with the owner of the IBCCDS (normally the owner or the estate management of the building) on the use of the IBCCDS channels in that building.

Complaint cases
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     The CA also considered three complaint cases in respect of the broadcasting licensees' non-compliance with the relevant codes of practice on programme and advertising standards:

(a) A complaint against the television programme "Scoop" broadcast on the HD Jade Channel of TVB on December 5, 2012. The CA decided that TVB should be warned 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 "Hong Kong Sevens 2013 - Cup Final" broadcast on the Pearl Channel of TVB on April 7, 2013. The CA decided that TVB should be strongly advised to observe more closely the relevant condition in its Licence; and

(c) Complaints against the radio programme "On a Clear Day" broadcast on the CR 1 Channel of Hong Kong Commercial Broadcasting Company Limited (CR) on April 5 and 8, 2013. The CA decided that CR should be advised to observe more closely the relevant provision in the Radio Code of Practice on Advertising Standards (Radio Advertising Code).

     Details of the three cases are at www.coms-auth.hk/filemanager/en/content_713/appx_20130806_en.pdf.

Ends/Tuesday, August 6, 2013
Issued at HKT 16:23

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