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OFCA's statement on complaints against Television Broadcasts Limited allegedly providing mobile TV services
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     In response to media enquiries on complaints against Television Broadcasts Limited allegedly providing broadcast-type mobile television services (Mobile TV Services), and having sought legal advice again from the external legal advisor of the Communications Authority (CA), a spokesman for the Office of the Communications Authority (OFCA) said today (March 19):

     "Broadcast-type mobile television services (Mobile TV Services), as with other telecommunications services, are regulated under the Telecommunications Ordinance (TO) (Cap. 106).

     Under the TO, section 8(1)(aa) stipulates that save under and in accordance with a licence granted there under, no person shall in Hong Kong offer in the course of business a telecommunications service.

     Under section 8(1A) of the TO, for the purpose of subsection (1)(aa), a person is to be regarded as offering a telecommunications service if he makes an offer which, if accepted, would give rise to an agreement, arrangement or understanding for the provision of a telecommunications service by him or by another person with whom he has made an arrangement for the provision of the telecommunications service.  

     The possibility of television signals of a domestic free television programme service licensee being received by portable devices does not mean that that licensee in question should necessarily be treated as offering, in the course of business, Mobile TV Services for the purposes of the TO. Digital terrestrial television (DTT) signals of the domestic free television programme service licensees have wide coverage over the majority of the territory of Hong Kong. Accordingly, the possible reception of those DTT signals by portable devices does not necessarily mean that the licensee in question should be treated as providing Mobile TV Services.

     Against the above, the CA considers that allegations that the CA is not enforcing the TO, that the CA is enforcing the law selectively, or that the CA is adopting double standards in law enforcement etc arise out of a misunderstanding of the relevant legislation, and are therefore unfounded."

Ends/Wednesday, March 19, 2014
Issued at HKT 20:51

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