Articles: Broadcasting

Secretary for Justice v Hong Kong Cable Television Ltd
HK Court of Appeal, 25-May-2016
The Government's appeal succeeds, as the whole of HKCTV's service did not fall within the Internet Exception.
HKTVN (1137) v Chief Executive in Council
HK Court of Appeal, 6-Apr-2016
The Court of Appeal overturns the First Instance ruling and holds that "no artificial limits" on the number of TV licences does not preclude the CE from adopting a limit in a "gradual and orderly" approach to avoid "over-competition, vicious competition or industry fallout". In our view, the court is wrong. When a Government decides a limit, that's artificial. When the market finds a limit through competition, and when some players succeed and others fail, that's natural. Whatever next - a limit on the number of newspapers to prevent "over-competition"? Ironically, ATV failed anyway, despite Government efforts to protect it from "industry fallout".
Secretary for Justice v Hong Kong Cable Television Ltd
HK Court of First Instance, 5-May-2015
The court holds that the Internet, for the purposes of distribution of cable TV, is a set of globally unique IP addresses. If non-unique addresses are used (presumably over a proprietary link to avoid IP conflict) then it is not Internet TV. HKCTV began using unique IP addresses to distribute its signal to buildings in Jul-2008, so it doesn't owe variable licence fees after that. HKCTV is owned by i-Cable (1097).
HK Television Network Ltd v The Chief Executive in Council
HK Court of First Instance, 24-Apr-2015
A victory for common sense and free market competition. HKTV successfully challenges the Government's decision to reject its TV license application; the court holds that the "gradual and orderly approach" adopted by the CE contradicted the stated policy of having no cap on the number of licensees, and HKTV had a legitimate expectation that this policy would be followed. There is one error in para 25: A new CE was not elected in July 2012. That is when he took office.
OFCA's statement on proposed television service by HKMTV
HK Government, 11-Mar-2014
Webb on "Backchat" re free TV and mobile phone spectrum
RTHK, 16-Oct-2013
TVB v Communications Authority & ExCo: costs
HK Court of First Instance, 22-Jul-2013
TVB v Communications Authority & ExCo
HK Court of First Instance, 13-May-2013
Asia Television Ltd v Communications Authority
HK Court of Appeal, 7-Dec-2012
LegCo Question: why are those TV licenses taking so long?
HK Government, 7-Nov-2012
"The CE in Council is now processing the recommendations in a prudent manner. The outcome will be announced as soon as possible after a decision is made by the CE in Council."
Legco Question: why are those TV licences taking so long?
HK Government, 17-Oct-2012
"The Administration is now processing the applications in a prudent manner and will announce the outcome as soon as possible after a decision is made by the CE in Council."
Asia Television Ltd v CE in Council
HK Court of First Instance, 6-Mar-2012
TV licensing in HK: what a mess
HK Government, 11-Jan-2012
Unlike cellphone networks, TV stations don't have to bid for their radio spectrum, and can squat on it with only cursory reviews. The Chief Executive of HK decides who should be allowed to broadcast. Let the market decide instead.

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