Statement in Response to an Article on Broadcast-type Mobile Television Service in Next Magazine


In response to references made to  the Office of the Communications Authority (OFCA) in an article on broadcast-type mobile television service (Mobile TV Service) published in the latest issue of Next Magazine, OFCA made the following clarifications today (19 March 2014):

"As an independent statutory regulator, the Communications Authority (CA) has, since its establishment in April 2012, exercised its statutory functions to regulate the broadcasting and telecommunications sectors in Hong Kong in accordance with inter-alia the Broadcasting Ordinance (Cap. 562) and the Telecommunications Ordinance  (Cap. 106). 

In carrying out its regulatory work, the CA has all along employed its own external independent legal advisors to provide legal advice.  Regarding the recent issue about Mobile TV Service, the CA has also commissioned an independent legal advisor with the addition of a Queen's Counsel in London to provide legal advice to the CA/OFCA. 

Regarding the recent issue about Mobile TV Service, neither the CA nor OFCA has sought legal advice from the Department of Justice (DoJ).  DoJ has not given any legal advice to CA/OFCA.  Next Magazine's report about OFCA seeking advice from DoJ and its decision being made as per DoJ's instructions does not accord with the facts at all.

Besides, the sequence of events relating to the recent disputes regarding Mobile TV Services are as follows:

As to the complaint letter mentioned in the Article as issued by Television Broadcasts Limited to the Commerce and Economic Development Bureau and OFCA back in early February, after verification, the issue date of the said letter was in fact 4 March 2014."

Office of the Communications Authority
19 March 2014