1. What is a broadcasting service?
2. Who needs a broadcasting licence?
3. How do I apply for a licence?
4. Which authority is responsible for the grant of television programme service licences?
5. How long will it take for an application to be processed?
6. Are applications accepted all year round?
7. Is there any pre-set ceiling on the number of licences to be granted?
8. What is the cost of a domestic free television programme service licence?
9. What is the cost of a domestic pay television programme service licence?
11. Can a subsidiary apply for a licence?
12. Can a non-local company apply for a licence?
14. What does 'exercise control' mean?
15. What is the term of a domestic free or pay television programme service licence?
16. Can the licensing authority change the licence conditions after a licence has been granted?
17. Is there any minimum amount for the performance bond?
18. Do I need another licence for transmission of the service?
A broadcasting service refers to a domestic free television programme service, a domestic pay television programme service, a non-domestic television programme service or an other licensable television programme service.
There are two types of other licensable television programme service licences. Type A applies to a television programme service that is intended or available for an audience of no more than 5,000 in specified premises or single housing estates. Type B applies to services available in hotel rooms. Both types of service may be provided free of charge or subject to a subscription in Hong Kong.
The definitions of different categories of television programme services can be found in section 2(1) of the Broadcasting Ordinance (Cap.562).
According to section 5(1) of the Broadcasting Ordinance (Cap. 562), no person may provide a broadcasting service except under the conditions of and in accordance with a licence. It is an offence in Hong Kong for any person to provide a broadcasting service without a licence. It is the responsibility of the applicant to assess the requirements and definitions of the various television programme services in the Broadcasting Ordinance (Cap. 562) and to decide whether a television broadcasting licence is required, if necessary with the assistance of professional advisers.
Applicants for any category of television programme service licences can submit their applications to the CA in the specified form. The CA has published five sets of Guidance Notes outlining the regulatory framework and basic requirements and procedures for those interested in applying for a domestic free, domestic pay, non-domestic, type A other licensable television programme service licence or type B other licensable television programme service licence (hotel) in Hong Kong. The Guidance Notes, and the relevant application forms and samples of standard licences, are available for downloading. Click here: relevant webpage. OFCA is the executive arm of the CA. All enquiries relating to applications for television programme service licences can be made in writing to OFCA at 20/F, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong or by:
| Fax | : | (852) 2507 2219 (general) (852) 2598 5509 (confidential) |
|---|---|---|
| : | ||
| Phone | : | (852) 2961 6333 |
There are four categories of television programme services, namely, domestic free, domestic pay, non-domestic and other licensable television programme services. The former two categories of licences are issued by the Chief Executive in Council and the latter two by the CA.
In respect of domestic free and domestic pay television programme service licences issued by the Chief Executive in Council, the CA will assess the applications in accordance with the Broadcasting Ordinance (Cap. 562) and established procedures, and will make recommendations thereon to the Chief Executive in Council within a reasonable timeframe. The outcome will be announced after a decision has been made by the Chief Executive in Council.
In respect of non-domestic and other licensable television programme service licences issued by the CA, the processing time varies by case and depends on how adequate the documents submitted are. In general, it takes about four months from the receipt of all required documents and clarifications from the applicant.
Yes.
No.
The prevailing annual licence fee payable for a domestic free television programme service licence comprises a fixed fee of HK$4,701,400 and a variable fee calculated on the basis of the aggregate duration of the television programmes provided by the licensee in the preceding licensing year at the rate of $13,200 per 100 hours for the first 17,000 hours and $1,630 per every 100 hours thereafter. The first annual licence fee is payable on the day it comes into force; subsequent annual licence fees are paid on each anniversary of the day the licence initially came into force. Licensees must also pay a provisional amount of the variable fee based on the aggregate duration of television programmes provided in the preceding licensing year. They must make up any shortfall in the variable fee, and they will be refunded in case of a surplus.
The prevailing annual licence fee payable for a domestic pay television programme service licence comprises a fixed fee of HK$1,533,000 and a variable fee calculated by multiplying HK$4 by the number of subscribers (if any) to the service provided under the licence. The first annual licence fee is payable on the day it comes into force; subsequent annual licence fees are due on each anniversary of the day the licence came into force.
A domestic free television programme service licensee is subject to the restrictions on an 'unqualified voting controller' (i.e. a voting controller who is not ordinarily resident in Hong Kong), who shall not, without the prior written approval of the CA, hold or acquire thresholds of
in aggregate of the total voting control of a domestic free television programme service licensee. Where the total voting control exercised by unqualified voting controllers would otherwise exceed, in aggregate, 49% of the total voting control exercised in a poll at any general meeting of the licensee, the votes cast by these controllers shall be attenuated in accordance with a formula set out in section 19(1) of Schedule 1 to the Broadcasting Ordinance (Cap. 562).
There is no restriction on voting control by non-residents for domestic pay television programme service licensees.
Yes.
The application must be made by a company formed and registered in Hong Kong under the terms of the Companies Ordinance (Cap. 622) or a former Companies Ordinance as defined in section 2(1) of the Companies Ordinance. In the case of a domestic free or pay television programme service licence, the applicant should also be ordinarily resident in Hong Kong, as defined in section 2(1) of the Broadcasting Ordinance (Cap. 562).
A corporation is ordinarily resident in Hong Kong if it satisfies the following conditions:
The provisions specifying who is disqualified from holding a domestic free or pay television programme service licence or from exercising control over a domestic free or pay television programme service licensee are laid down in Part 2, Schedule 1 to the Broadcasting Ordinance (Cap. 562).
A disqualified person shall not become the holder of a domestic free or pay television programme service licence or exercise control over such a licensee unless this disqualification is disclosed in the licence application and the Chief Executive in Council, upon receipt of an application in the specified form by a licensee, is satisfied that the public interest so requires and approves otherwise.
In principle, a disqualified person includes
The applicant can propose a licence term based on his or her needs. The term will be determined by the Chief Executive in Council with regard to the applicant's proposal and the merits of the case. A licence term exceeding 12 years will not normally be granted.
Yes. The Chief Executive in Council or the CA may, if he, she or it considers that it is in the public interest to do so, alter a licence at any time during its period of validity after the licensee has been given a reasonable opportunity to make representations.
The Chief Executive in Council or the CA may, as the case requires, extend or renew the licence during the period of its validity in accordance with the provisions of the Broadcasting Ordinance (Cap. 562).
No. Applicants should propose the amounts of and the milestones to be tied to the performance bond based on their proposed services. The amount should be of an adequate value to illustrate the applicant's commitment to deliver the proposed services.
A television programme service licence governs only the service content. Applicants who intend to establish, maintain and operate a telecommunications network to provide television programme services under licence should approach OFCA for details of applications for an appropriate "carrier" or for other telecommunications licences issued under the Telecommunications Ordinance (Cap. 106).
Alternatively, applicants can hire the transmission services provided by other licensed carriers in Hong Kong.