Hong Kong entered an era of full digital television broadcast on 1 December 2020, after successfully switching off analogue television services at 23:59 on 30 November 2020. To facilitate the vacation of the 614 – 806 MHz band for high value-added mobile telecommunications services, OFCA has been working closely with the broadcasters, including TVB, HKTVE and Radio Television Hong Kong (RTHK), and other relevant stakeholders to migrate six digital television programme channels to new transmitting frequencies (Channel Migration). These six programme channels are Jade 81 of TVB, ViuTVsix 96 and ViuTV 99 of HKTVE, and RTHK TV 31, RTHK TV 32 and RTHK TV 33 of RTHK.
From 1 April to 30 November 2021, these six digital television programme channels will be transmitted on both the existing and new frequencies. From 1 December 2021 onwards, these channels will be transmitted on the new frequencies only. This arrangement will allow sufficient time for the public and related industry stakeholders to carry out reconfiguration work for common antenna broadcast distribution (CABD) systems in buildings to enable the continued reception of the relevant programme channels. OFCA convened a technical working group starting from September 2019 comprising representatives of broadcasters and related industry stakeholders to prepare and coordinate the relevant technical implementation arrangements for the Channel Migration. Meanwhile, OFCA also maintained close liaison with the Mainland authorities on related frequency coordination matters.
To enhance the public’s understanding of the Channel Migration and the preparatory work required, OFCA launched a series of publicity programmes, including issuing circular letters to building management offices, incorporated owners of buildings and other parties maintaining/operating CABD systems; putting up posters and distributing flyers to residents of public and private housing estates; and launching television and radio announcements in the public interest. OFCA will keep track of the feedback and response of the public and will step up publicity as necessary in order to remind the public of the necessary steps for continued reception of the programme channels concerned.
We assisted the CA in reviewing the regulations governing real property advertisements, sponsorship of live and related sports events programmes and the broadcast hours of mature programmes. Taking into account the views received from the industry and in the public consultation, the CA decided to relax the relevant provisions of the Television and Radio Codes of Practice on Programme and Advertising Standards, including exemption of real property advertisements regulated under other regimes from the substantiation requirements, allowing the insertion of advertising materials in live and related sports events programmes, subject to certain conditions/restrictions, and advancing the start of broadcast hours of mature programmes on free television from 11:30 p.m. to 11:00 p.m.
The CA considered that the above relaxations which took effect on 25 September 2020 would provide licensees with more flexibility in their business operations without compromising the interests of the audience.
We assisted the CA in processing the application by Fantastic TV for employing spectrum in the 478 – 486 MHz1 band as an additional means of transmission other than a fixed network for the delivery of its free television service. The CA noted that assigning spectrum to Fantastic TV for transmission of its free television service would enable Fantastic TV to increase its service coverage and launch a new television programme channel in addition to its existing two integrated channels, hence providing additional programme choices to more households. Having been satisfied that Fantastic TV has demonstrated its commitment to comply with all the additional conditions the CA has imposed that are pertinent to spectrum assignment, the CA decided in April 2021 to grant an approval-in-principle (AIP) for using spectrum to Fantastic TV. The CA will monitor Fantastic TV’s progress in fulfilling its commitments and compliance with the terms and conditions of the AIP before granting a formal approval of its application.
With OFCA’s support, the CA commenced a mid-term review of the free television licences of HKTVE, TVB and Fantastic TV and the sound broadcasting licences of CRHK and Metro. The CA aims to complete the review in 2022. In accordance with the established practice, the CA will examine the performance of the licensees in respect of their compliance with the statutory requirements, licence conditions and codes of practice as well as their investment commitments in the past six years and the coming six years. To gauge public views on the services provided by the licensees, the CA will conduct a public consultation exercise in the third quarter of 2021, including a public opinion survey, online consultation sessions and focus group discussions. The CA will exercise due diligence in reviewing the past performance and future commitments of the licensees and the views of the industry and the public before submitting its recommendations to the Chief Executive in Council for consideration.
In 2020/21, OFCA processed two applications for renewal of non-domestic television programme service (non-domestic TV) licences and two applications for renewal of other licensable television programme service licences for the provision of television programme services in hotel rooms in Hong Kong. Except for one application for renewal of non-domestic TV licence which was withdrawn by the licensee, all of them were approved by the CA. OFCA also handled two cases of termination of non-domestic TV licences upon application by the licensees, as well as the revocation of an other licensable television programme service licence due to the licensee’s failure to pay the licence fee.
The CA does not pre-censor broadcast content. Instead, it adopts a complaint-driven approach to ensure that broadcast content complies with prevailing legislation, licence conditions and the codes of practice that it has issued. As the executive arm of the CA, OFCA assists the CA in handling complaints about broadcast materials in accordance with the provisions in the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) (B(MP)O) and the broadcast complaint handling procedures of the CA.
In 2020/21, OFCA handled 1 964 cases (involving 19 980 complaints)2, which represented a substantial increase of 65% in the number of cases3, but a decrease of 10% in the number of complaints processed4, as compared with the figures recorded in 2019/20 (1 189 cases, involving 22 179 complaints). Among those cases handled, 25 cases (involving 9 114 complaints) were referred to the Broadcast Complaints Committee under the CA for consideration before submission to the CA for deliberation and determination. Details of the complaint cases considered by the CA are published on its website. The Director-General of Communications handled the remaining 1 939 cases (involving 10 866 complaints) relating to breaches of a minor nature, or allegations which did not constitute any breach or were outside the remit of section 11(1) of the B(MP)O (i.e. the substance of the complaints did not involve contravention of relevant legislation, licence conditions or provisions in the codes of practice) with the power delegated by the CA.
