Communications Authority Press Release (May)

This press release summarises the Communications Authority (“CA”)’s decisions at its 19th meeting held in May 2013:

Extension of Deadline to Provide Electronic Programme Guide on Digital Audio Broadcasting Services

The CA approved the extension of deadline for the three digital audio broadcasting (DAB) licensees, namely Digital Broadcasting Corporation Hong Kong Limited, Metro Broadcast Corporation Limited and Phoenix U Radio Limited, to provide an electronic programme guide (EPG) on their DAB services from 21 September 2013 to 21 September 2014, subject to the condition that the licensees should submit to the CA an action plan by 21 September 2013 and a progress report by 21 June 2014 on introduction of EPG.

The DAB licensees are required under their licences to co-ordinate with each other and Radio Television Hong Kong to launch EPG by 21 September 2012, showing scheduling information of current and upcoming programmes broadcast by the operators. The deadline was extended to 21 September 2013 upon approval of the CA in September 2012, subject to the condition that the licensees should submit an action plan by 21 December 2012 and a progress report by 21 June 2013 on the introduction of EPG.

Subsequent to the approval above, the licensees made an application to the CA in December 2012 to postpone the roll-out of EPG indefinitely. They submitted that the earlier cessation of operations by one of the DAB licensees had substantially increased the uncertainties they faced and as a result of which all network enhancement works would not be their top priorities until their business prospect was improved. Moreover, the licensees submitted that some DAB radio manufacturers had discontinued producing EPG radios.

The CA did not consider the request from the licensees for postponing the EPG implementation indefinitely justifiable. Despite the changing market conditions, it was incumbent upon the licensees to exercise due diligence to manage such risk and take necessary steps to fulfil their licence commitment. With the resumption of operations of the licensee concerned, the operators should be able to continue their liaison for the introduction of EPG. For the above reasons, the CA rejected the licensees’ application to postpone the roll-out of EPG indefinitely.

Nevertheless, the CA noted from the licensees’ submissions that the availability of EPG-enabled DAB radios was hitherto low globally. Hence, the CA decided to further extend the deadline for launching EPG by 12 months to 21 September 2014 in order that the DAB operators could have more time to liaise with the DAB radio manufacturing industry to enable an adequate supply of EPG-enabled products to the listening public upon introduction of the service.

Complaint Cases
The CA considered a complaint against China Mobile Hong Kong Company Limited (CMHK) for breaching section 7M of the Telecommunications Ordinance (Cap.106) (TO). The complainant alleged that the representations made by CMHK in the promotion of its mobile services sent by short message service were misleading or deceptive, thereby contravening section 7M. Having considered the findings of the investigation conducted by the Office of the Communications Authority, the CA was of the view that CMHK had engaged in misleading or deceptive conduct in breach of section 7M of the TO. The CA concluded that a financial penalty of HK$90,000 to be imposed on CMHK was proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decision which is published on the CA's website.

The CA also considered two complaint cases in respect of the broadcasters’ non-compliance with the relevant code of practice on programme standards –

Communications Authority
Secretariat

6 May 2013