The amended section 14 of the Telecommunications Ordinance (Cap. 106) ("TO") came into operation on 1 October 2024. Mobile network operators ("MNOs") authorised by the Communications Authority ("CA") can access the reserved space in specified buildings with building plans approved by the Building Authority on or after 1 April 2025, to install and maintain mobile communications facilities ("MCFs") without the payment of a fee to the land owners concerned.
Specified buildings cover newly built and rebuilt commercial, industrial, residential and hotel buildings. New government buildings and public housing developments will also follow the relevant arrangements to reserve space for MNOs to install MCFs.
The relevant amendments to the TO will help institutionalise the arrangement for installing MCFs in specified buildings and streamline the approval process, with a view to further expanding the network coverage of Hong Kong's fifth and newer generations of mobile services and facilitating Hong Kong's development into a smart city.
CA, after considering the views from the telecommunications industry, building developers, construction professional bodies and property management industry, has promulgated the "Code of Practice for the Provision of Mobile Access Facilities in Specified Buildings for the Provision of Public Mobile Radiocommunications Services" ("Mobile CoP"), which stipulates the minimum standards and requirements of the infrastructure facilities for the installation of MCFs in specified buildings.
The Building Authority has updated the "Practice Note for Authorized Persons, Registered Structural Engineers and Registered Geotechnical Engineers on Access Facilities for Telecommunications and Broadcasting Services" ("Practice Note (APP-84)") issued in accordance with regulation 28A of the Building (Planning) Regulations (Cap. 123F), which promulgates the requirements on floor space and ancillary facilities for the installation of MCFs in specified buildings.
Currently, there are four types of specified buildings pertaining to regulation 28A of Building (Planning) Regulations (Cap. 123F) that are subject to the provision of access facilities for telecommunications and broadcasting services, namely commercial buildings, industrial buildings, residential buildings (excluding buildings for residence of a single family) and hotel buildings.
Criteria for Specified Buildings to Provide Space and Mobile Access Facilities ("MAFs")Specified buildings that meet the criteria set out in the table below (the "Criteria") are generally required to provide space and MAFs for the installation of MCFs –
Building Types | Criteria |
---|---|
Commercial / Industrial Buildings | More than 3,000 m2 of usable floor space per building |
Residential Buildings | More than 50 residential flats per building |
Hotel Buildings | More than 75 hotel rooms per building |
However, for a development comprising more than one specified building that fits the Criteria, only one building in every four specified buildings that fit the Criteria is required to provide space and MAFs. If any group of specified buildings in a development has fewer than four buildings fitting the Criteria, one building is required to provide space and MAFs.
Specified buildings that do not meet the Criteria ("small specified buildings") are generally not required to provide space and MAFs due to their physical constraints, except for a development comprising more than five specified buildings and all of them are small specified buildings. In such a case, one building is required to provide space and MAFs.
Spatial Requirements for the Provision of Telecommunications and Broadcasting Room for MAFs ("TBE room for MAFs"), Rooftop Telecommunications Equipment Room ("RTE room") and Intermediate Telecommunications Equipment Room ("ITE room")For a specified building required to provide space and MAFs, appropriate floor space has to be made available in the TBE room for MAFs, RTE room on rooftop, and, where applicable, ITE room on a lower / intermediate level. The spatial requirements at different locations are broadly summarised below.
Designated Locations in Specified Buildings | Area of Floor Space Required |
---|---|
Rooftop | 10 – 30 m2 |
Lower / Intermediate level of high-rise buildings, where applicable | 10 – 30 m2 |
TBE room for MAFs | 10 – 30 m2 |
For detailed requirements on the provision of space and MAFs in specified buildings, please refer to the Mobile CoP.
The list of MNOs (as at September 2024) is available at Annex 1 of the Mobile CoP.
The contact information of MNOs shown in the list is subject to change. For enquiries, please contact OFCA on mobilecop@ofca.gov.hk.
Under section 14(10A) of the TO, a building is a specified building if the building is required to be provided with access facilities for telecommunications and broadcasting services under the Building (Planning) Regulations (Cap. 123 sub. leg. F), i.e. either a commercial building, industrial building, residential building (excluding a building for residence of a single family) or hotel building, and the earliest approval of any of the plans for the building works for its erection (or rebuilding or alternation resulting in a new building) is given by the Building Authority for the purposes of section 14(1) of the Buildings Ordinance (Cap. 123) on or after 1 April 2025, but a specified building does not include a building, or any part of it, for the exclusive occupation or use of any person whilst the building or part is being so occupied or used.
How can the provision of space and MAFs support the expansion of mobile network coverage?In order to provide extensive mobile network coverage with high-speed and high-capacity data transmission to meet the demand of various innovative applications, MCFs (which include radio base stations) would need to be installed at different height levels and locations, including rooftops and other locations of buildings. MCFs installed at a building will provide comprehensive mobile network coverage and capacity to mobile users inside the building but also to those in the vicinity, thereby benefitting the public at large.
With the provision of space and MAFs in specified buildings, MNOs can make use of such space and MAFs for the installation of MCFs, in order to support the expansion of mobile network coverage.
What is the access right of MNOs?MNOs authorised by CA under section 14(1AA) of the TO can access the reserved space and MAFs in specified buildings, designated as common parts, to install and maintain MCFs without the payment of a fee to the land owners concerned.
MNOs can also access other common parts of the specified buildings which serve as necessary pathways for access to the reserved space and MAFs. Building owners / incorporated owners / building management offices should ensure that access to these common areas is not obstructed.
What are the responsibilities of MNOs in installing MCFs in specified buildings?MNOs should be responsible for the installation (including any reconfigurations), operation and maintenance of their MCFs including cables and associated ancillary devices where applicable such as cabling facilities, backhaul connection to fixed network services and electricity. MNOs should bear the electricity cost for the power supply feeding to their own facilities.
MNOs should ensure good engineering practice in its works related to the use of the reserved space and facilities for installation of MCFs. When the MCFs are no longer in use, MNOs should remove installations of the MCFs from the reserved space and MAFs as soon as practicable.
MNOs should do as little damage as possible to the specified building when they place and maintain mobile communications and related facilities. If there is any physical damage to the specified building that is attributable to the placement and maintenance of the MCFs or other associated activities by the MNOs, full compensation should be paid by the MNOs concerned in accordance with section 14(2) of the TO.
See Section 12 of the Mobile CoP for further details.