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[s9(1)]

Broadcasting Ordinance

(Cap. 562)

Application Form for
a Domestic Free / Domestic Pay* Television Programme Service Licence in Hong Kong

Notes:

  1. This application form is issued by the Communications Authority (CA) under section 41(1) of the Broadcasting Ordinance (Cap. 562) for the purposes of section 9(1) of the same Ordinance.
  1. Before you complete this form, please read carefully the Guidance Note for Those Interested in Applying for Domestic Free Television Programme Service Licences in Hong Kongor the Guidance Note for Those Interested in Applying for Domestic Pay Television Programme Service Licences in Hong Kong (the Guidance Notes), as appropriate.
  1. Please complete this application form and attach the information required in PART 2 to your application.
  1. Please supply all the information required where appropriate. Applicants are welcome to supplement the required information with any additional material they consider useful for the application.

PART 1 – particulars of applicant

1.1Name of applicant : (in English and Chinese)
1.2Registered address: (in English and Chinese)
1.3Correspondence address : (to be provided if different from 1.2 above)
1.4Telephone number :
1.5Fax number :
1.6E-mail address :
1.7Name and title of contact person :
1.8Telephone number of contact person :
1.9E-mail address of contact person :

PART 2 –Checklist of information and documents submitted

(Please check the appropriate box on whether the information has been submitted together with this application form.)

  1. Corporate Information
(Please refer to Part IV in the Guidance Notes)
2.1Details of applicant. /  Yes /  No
2.2Corporate and shareholding structure. /  Yes /  No
A standalone chart illustrating the structure. /  Yes /  No
2.3Details of shareholders. /  Yes /  No
2.4Certified true copies of the following documents –
(a) / Company’s Memorandum and Articles of Association. /  Yes /  No
(b) / Certificate of Incorporation. /  Yes /  No
(c) / Business Registration Certificate. / Yes /  No
(d) / Relevant returns filed with the Companies Registry. / Yes /  No
2.5Organisational/management structure. / Yes /  No

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2.6Details of experience in running similar operations or providing similar services. /  Yes /  No
2.7Decision making procedures at the shareholders level and the board of directors level. /  Yes /  No
2.8Details of disqualified persons. /  Yes /  No
2.9Details of unqualified voting controllers.
(for applicants for domestic free TV licences only) /  Yes /  No
2.10 A duly completed and executed statutory declaration (OFCA SF0008 (12)) on the applicant and all persons exercising control of the applicant as fit and proper persons, fulfilment of residency requirement, details of disqualified persons and/or unqualified voting controllers, if any. /  Yes /  No
2.11 (a) A duly completed and signed authorisation in the form specified at Appendix (“Authorisation Form”) to be submitted by each of the persons[1] exercising control of the applicant within the meaning of the Broadcasting Ordinance (each a “relevant person”),for releasing the required information for the assessment of the “fit and proper person” status of each relevant person.The specified authorisationform is at Appendix; and /  Yes /  No
(b) A letter issued by a solicitor (who must be a partner of the solicitors firm) acting for the applicantto declarethat the Authorisation Form is signed by the relevant person. /  Yes /  No

* Delete as appropriate

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B.Financial Information
(Please refer to Part IV in the Guidance Notes)
2.12Evidence of sound financial backing. /  Yes /  No
2.13Accounting information/documents required of the applicant as an established company/newly-formed company*. /  Yes /  No
2.14Business and capital investment plan. /  Yes /  No
2.15Projected profit and loss account. /  Yes /  No
2.16Projected number of subscribers and market share, where applicable. /  Yes /  No
2.17The level of shareholders’ support to bear the financial risks. /  Yes /  No
2.18The amount of the banker’s performance bond (tied to proposed milestones) and the name of the issuing bank. /  Yes /  No
2.19Economic and market studies. /  Yes /  No

* Delete as appropriate

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C.Programming Information
(Please refer to Part IV in the Guidance Notes)
2.20Details of programmes to be provided, including the minimum daily broadcasting hours. /  Yes /  No
2.21Details of proposed internal monitoring system. /  Yes /  No
2.22Details of copyright agreements and other legal arrangements in respect of programme suppliers. /  Yes /  No
2.23Proposed method of fixing charges and/or fees, and details of any installation and equipment charges, where applicable. /  Yes /  No
For applications for the provision of services on an on-demand basis –
2.24The percentage of total viewers/subscribers* the system will be able to respond to regarding requests at any one time and the maximum response time to such requests. /  Yes /  No

* Delete as appropriate

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D.Technical Information
(Please refer to Part IV in the Guidance Notes)
2.25Details of the transmission network operated/to be operated* by the applicant. /  Yes /  No
2.26Details of the transmission network services hired/to be hired* by the applicant. /  Yes /  No
2.27The technology to be employed. /  Yes /  No
2.28Geographical coverage and service roll-out plan. /  Yes /  No
2.29Location of central headend system and studio facilities, and details of production equipment and facilities. /  Yes /  No
2.30Equipment and facilities required at the customer end and interconnection arrangements. /  Yes /  No
2.31Details of customer interface standard and design of technical equipment. /  Yes /  No
2.32Access method of viewers/subscribers* and details of set top box design, electronic programme guide, connection method, equipment cost and any installation charge etc., where applicable. /  Yes /  No
2.33For wireless transmission: preferred frequency bands and the amount of frequency spectrum used. /  Yes /  No
2.34The ranges of frequencies required in any IBCCDS. /  Yes /  No
2.35Any arrangements envisaged or entered into with network operators. /  Yes /  No
2.36Details of the television programme service locking device, where applicable. /  Yes /  No

*Delete as appropriate

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E.Other Information
(Please refer to Part IV in the Guidance Notes)
2.37Details of any construction work required and an assessment of its impact on the public. /  Yes /  No
2.38The period between the grant of the licence and commencement of service. /  Yes /  No
2.39Applicant’s preferred period of validity of the licence. /  Yes /  No
2.40Details of benefits brought by the implementation of the proposal to Hong Kong. /  Yes /  No
2.41Executive summary of the proposal. /  Yes /  No

*Delete as appropriate

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PART 3 – CERTIFICATION

I, being a director/the company secretary/the principal officer* of ______, certify that the statements in this application and all relevant information enclosed with this application are true, complete and correct to the best of my knowledge and belief, and are made and provided in good faith.
Name / Signature
Title / Telephone number
Date
Use of Information
The information requested in this application will be used only for the processing of the application for a domestic free or domestic pay television programme service licence in Hong Kong and other functions of the Communications Authority under the Broadcasting Ordinance ,the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) or the Communications Authority Ordinance (Cap. 616). Confidential information provided in this application will be treated in confidence in accordance with section 27 of the Broadcasting Ordinance.

CONFIDENTIAL

PERSONAL DATA

AUTHORISATION

I, , hereby authorize the Commissioner of Police, or his representative, to release full particulars of any and all criminal convictions@ recorded against me to the Communications Authority and/or the Office of the Communications Authority. I also agree to my fingerprint impressions being taken by the Hong Kong Police in connection with this application, if required for the purpose of verifying my criminal record(s). My personal particulars are as follows :-

Name in English / Name in Chinese
Date of Birth / Place of Birth
Hong Kong Identity Card No. / Passport No.[For non-Hong Kong Identity Card Holder]*
Chinese Commercial Code No. / / / /
[as recorded on the applicant’s HK Identity Card, where applicable]
Date
[ Signature of Applicant ]
Witnessed by# / Designation
Hong Kong Identity Card No. / ( ) / Date

# The witness must be an official of the Office of the Communications Authority.

@ All criminal convictions include the spent convictions under the Rehabilitation of OffendersOrdinance, Cap. 297, Laws of Hong Kong, if any.

* Delete whichever inapplicable

CONFIDENTIAL

Use of information

The information requested in this authorisation form will be used only for the processing of the application for a domestic free or domestic pay television programme service licence granted under the Broadcasting Ordinance (Cap. 562) and other functions of the Communications Authority under the Broadcasting Ordinance, the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) or the Communications Authority Ordinance (Cap. 616). Confidential information provided and/or requested in this authorisation form will be treated in confidence in accordance with section 27 of the Broadcasting Ordinance.

[1]This does not include corporation.