Withdrawal of Frequencies Assigned to Asia Television Limited With Effect From 2 April 2016

Following the decision of the Chief Executive in Council ("CE in C") announced on 1 April 2015 not to renew the domestic free television programme service ("free TV") licence of Asia Television Limited ("ATV") and to extend the term of ATV's current licence to 1 April 2016, and having considered the representations from ATV, the Communications Authority ("CA") today exercises its power under sections 32G(1) and 32H(3) of the Telecommunications Ordinance (Cap.106) ("TO") and gives notice to ATV on the withdrawal of all the frequencies assigned to it following expiry of its free TV licence as from 2 April 2016.

The CA has come to the view that the frequencies should be withdrawn following expiry of ATV's free TV licence as from 2 April 2016 pursuant to the following  provisions of the TO and the Communications Authority Ordinance (Cap. 616) ("CAO").  Under section 32G(1) of the TO, the CA has a statutory duty to promote the efficient use of spectrum as a public resource of Hong Kong.  Under section 32H of the TO, the CA is empowered to assign radio frequencies and to vary or withdraw frequencies.  In performing its functions, the CA is also required by section 4(4) of the CAO to have regard to the need to promote competition in the communications market for the benefit of the industry and consumers.

ATV is issued a fixed carrier licence ("FCL") under the TO, and is assigned the frequencies identified in Schedules 2 and 3 thereof to enable it to provide its free TV service.  ATV's FCL and free TV licence will expire on 30 November 2018 and 30 November 2015 respectively.  Given the CE in C's decisions on 1 April 2015 as outlined above, ATV shall cease broadcasting its free TV service starting from 2 April 2016.

As the frequencies are assigned to ATV to enable ATV to broadcast its free TV service, the CA is of the view that there are public interest reasons for the CA to, following expiry of ATV's free TV licence, withdraw from ATV the frequencies and, save for those reserved for Government use, re-assign them to other free TV licensee(s) for the provision of licensed free TV service(s) in a way which satisfies the CA's duty to promote the efficient use of spectrum as a public resource of Hong Kong, which has regard to the promotion of competition in the communications market, and meets the objectives for spectrum management set out in the Radio Spectrum Policy Framework promulgated by the Government in 2007 ("SPF").

Having considered all relevant factors including the CA's statutory duties under the statute, that ATV will have to cease broadcasting its free TV service from 2 April 2016, and ATV's representations, the CA exercises its power under section 32G(1) and section 32H(3) of the TO and gives notice to ATV today on the withdrawal of the frequencies assigned to ATV which shall take effect from 2 April 2016.  A notice pursuant to Section 32H of the TO on withdrawing the frequencies assigned to ATV is published on the CA's website.

The CA would consider the assignment arrangements for the frequencies vacated by ATV (save for those reserved for Government use) taking into account inter-alia the statutory provisions under the TO, the CA's statutory duties under the statute and the SPF.  The CA would announce its decisions as soon as possible prior to the spectrum becoming available on 2 April 2016.

Communications Authority
Secretariat

20 April 2015

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