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Policy and Regulation
Regulatory Regime
Hong Kong adopts a technology-neutral broadcasting regulatory regime, where "provision" and "carriage" of TV programme services are licensed and regulated under two different ordinances, namely the Broadcasting Ordinance (BO) (Cap. 562) and the Telecommunications Ordinance (TO) (Cap. 106). This provides a business-friendly and flexible regulatory environment that allows an operator to provide TV programme service on its own network or a leased network.
There are four different categories of TV programme services licences granted under the BO, i.e., domestic free, domestic pay, non-domestic and other licensable. They are categorized by the number of premises for service reception and whether they are provided to the public free of charge or by subscription. The BO does not prescribe modes of transmission of TV programme service.
Framework for DTT Implementation
At present, most of the TV programme service licensees provide their services in digital mode, except the two domestic free TV programme service licensees, viz., ATV and TVB. To allow the public to benefit from technology advancements, the Government promulgated in 2004 a policy framework for DTT implementation.
According to the framework, ATV and TVB are required to commence DTT broadcasting by 2007 and achieve 75% of coverage by 2008. Subject to further market and technical studies, the Government aims to switch off analogue broadcasting in 2012.
We adopt a market-led approach to the selection of the DTT technical standard. ATV and TVB may await the Mainland self-developed technical standard until the end of 2006. If the Mainland authorities have not announced a national standard by then, they will adopt the European DVB-T standard, which is most suitable for Hong Kong according to the outcome of technical tests.
The Government has identified five multiplexes, i.e., digital transmission channels, for DTT broadcasting. ATV and TVB will share one of them to simulcast their four existing programme channels in both analogue and digital format. Each of ATV and TVB has also been assigned a multiplex for launching new services, including high definition TV (HDTV) programmes, to drive consumer take-up of DTT. The remaining two multiplexes will be assigned at a later stage after ATV and TVB have confirmed the technical feasibility of DTT technology in Hong Kong's unique geographical environment.
A multiplex operator licensed as a carrier under the TO is permitted to provide datacasting services such as financial quotes or weather updates. It may lease multiplex capacity to other service providers. A third party providing datacasting services is required to obtain a Public Non-exclusive Telecommunications Service Licence under the TO. In any case, not more than 25% of the transmission capacity of a multiplex, which is primarily intended for TV broadcasting, shall be used to carry datacasting services.
Licenses of ATV & TVB
The domestic free television programme service licences and fixed carrier licence of ATV and TVB can be found below:
- ATV's domestic free television programme service licence
- TVB's domestic free television programme service licence
- ATV's fixed carrier licence
- TVB's fixed carrier licence
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