Communications Authority press release
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This press release summarises the Communications Authority (CA)'s decisions following its meetings held in August and September 2016:
Applications for deviations from programming requirements by
Digital Broadcasting Corporation Hong Kong Limited (DBC) and
Metro Broadcast Corporation Limited (Metro)
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The CA approved the applications by DBC and Metro to deviate from the programming requirements under their sound broadcasting licences for providing digital audio broadcasting (DAB) services (DAB licences) with effect from September 8, 2016, and October 13, 2016, respectively, until the date on which the termination of their DAB licences (their applications of which if so approved by the Chief Executive (CE) in Council) takes effect respectively (interim period).
DBC
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Under the DAB licence of DBC, unless otherwise approved or directed by the CA, DBC is required to broadcast each day seven 24-hour sound broadcasting service channels of specified genres, to comply with the commitments it has undertaken in respect of programme mix and number of hours of station-produced and first-run programmes in the context of its application for revised channel arrangements in October 2015. DBC is also required to broadcast on each of its channels announcements in the public interest (APIs) and publicity materials of the CA.
On August 8, 2016, DBC submitted an application to the CE in Council for the surrender of its DAB licence. On August 11, 2016, DBC applied for the CA's approval for it to deviate from various programming requirements under its DAB licence with effect from September 8, 2016, until the date on which the termination of its DAB licence (its application of which if so approved by the CE in Council) takes effect. DBC proposed to broadcast from September 8, 2016, onwards repeated programmes and music on its three non-music channels and would not broadcast APIs and the CA's publicity materials on all of the seven channels.
Metro
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Under the DAB licence of Metro, unless otherwise approved by the CA, Metro is required to broadcast each day three 24-hour sound broadcasting service channels of specified genres, to comply with the commitments it has undertaken in its Licensee's Proposal in respect of programme mix and number of hours of station-produced and first-run programmes, and to ensure that the aggregate time in any week for simulcasting any FM broadcasting service and any FM programme transmitted in the digital form for the first time shall not exceed 50 per cent of the total broadcast time of that week.
On September 12, 2016, Metro submitted an application to the CE in Council for the surrender of its DAB licence. On the same day, Metro applied for the CA's approval for it to deviate from various programming requirements under its DAB licence with effect from October 13, 2016, until the date on which the termination of its DAB licence (its application of which if so approved by the CE in Council) takes effect. Metro proposed to simulcast from October 13, 2016, onwards its FM channels on its two DAB channels (viz Metro Finance Digital and Metro Life Digital), with the remaining DAB channel (viz Metro Music Digital) broadcasting music 24 hours a day.
In considering the applications of DBC and Metro, the CA noted that the two licensees had already applied to the CE in Council for the termination of their respective DAB licences and were in the process of winding down their DAB operation. Pending the CE in Council's decisions, both licensees might not have the required manpower and resources to maintain full-fledged DAB services. The current arrangements represented the best endeavours by the two licensees to enable the listening public to continue to have access to DAB services during the interim period. Given the circumstances surrounding DBC and Metro, the CA considered that there was a case for them to deviate from the relevant requirements during the interim period and approved their applications.
Unauthorised use of the access code "1670" by P&R Consulting
Company Limited (P&R) for the provision of external
telecommunications services (ETS)
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P&R, the holder of Services-based Operator (SBO) Licence No. 1670, was found to have used the access code "1670", without the prior approval of the CA, for the provision of ETS. The Office of the Communications Authority (OFCA) conducted an investigation to examine whether P&R and New World Telecommunications Limited (NWT) (subsequently renamed as HKBN Enterprise Solutions Limited), the holder of Unified Carrier Licence (UCL) No. 022 which provided hosting service and set up the network routing arrangements for P&R to use the access code "1670" for the provision of ETS, had contravened the conditions of their licences.
Having considered the result of OFCA's investigation and the representations of P&R and NWT, the CA concluded that P&R and NWT had contravened respectively Special Condition (SC) 2.1 of SBO Licence No. 1670 and SC 4.1 of UCL No. 022 in regard to the requirement to conform to the Hong Kong Numbering Plan. The CA decided that P&R and NWT should both be warned to observe more closely SC 2.1 of SBO Licence No. 1670 and SC 4.1 of UCL No. 022 respectively. For details, please refer to the CA's Decision published on the CA's website (www.coms-auth.hk/filemanager/statement/en/upload/377/Final_CA_Decision-UNAUTHORISED_USE_OF_ACCESS_CODE_1670.pdf).
Breach of licence condition by Star China Media Limited (Star China)
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The CA decided that Star China was in breach of Condition 10.1 of its non-domestic television programme service licence in failing to seek the requisite approval of the CA before implementing a series of changes to its shareholding and ownership structure during the period from March 20, 2014, to June 17, 2015. Taking into account Star China's representations and the duration, severity and nature of the breach, the CA decided that Star China should be advised to observe the relevant licence conditions more closely.
Broadcast Complaint
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The CA considered a complaint case against the television programme "Night Talkļ¼PK Battle" broadcast on the ViuTV Channel of HK Television Entertainment Company Limited (ViuTV) on April 9, 16 and 23, 2016. The CA decided that ViuTV should be strongly advised to observe more closely the relevant provisions in the Generic Code of Practice on Television Programme Standards. Details of the case are at: www.coms-auth.hk/filemanager/en/content_713/appx_20160927_en.pdf.
Ends/Tuesday, September 27, 2016
Issued at HKT 16:10
Issued at HKT 16:10
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