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Broadcasting Ordinance

(Cap. 562)
APPLICATION FORM FOR RENEWAL OF
a Non-domestic TELEVISION PROGRAMME SERVICE LICENCE
NOTES:
1. This application form is issued by the Broadcasting Authority (“BA”) under section 41(1) of the Broadcasting Ordinance (Cap. 562) (“the Ordinance”) for the purpose of section 11(2) of the Ordinance.
2. Before completing this application form, please read carefully the Guidance Note for Those Interested in Applying for Non-Domestic Television Programme Service Licences in Hong Kong (BA G.N. 01/2000) issued by the BA and the sample licence. The provisions therein are generally applicable to a renewed licence. The Guidance Note and the sample licence are available on the BA’s website at http://www.hkba.hk.
3. Unless accompanied with a copy of the letter by BA specifying a shorter period before which an applicant may submit his application for renewal of his licence, this application form shall be submitted by the applicant not less than 24 months before the expiry of the licence under section 11(2)(b) of the Ordinance. Any request for BA’s specification of a shorter period under section 11(2)(b) of the Ordinance shall be made in writing to BA setting out reasons why the 24 months’ requirement cannot be complied with. As BA generally requires about 4 months to process a renewal application, any request for the said specification shall be made not less than 6 months before the expiry of the licence concerned. A sample request form is set out at Appendix.
(Please complete all items below, check the appropriate boxes and make necessary deletions where appropriate.)
PART 1 - PARTICULARS OF APPLICANT
1.1 Name of applicant (please provide both the English and Chinese names, if any) :
(in English)
(in Chinese)
1.2 Commencement date of the existing licence :
1.3 Expiry date of the existing licence :
1.4 Is the application for renewal of licence submitted not less than 24 months before the expiry of the current licence?
  Yes
  No (Please provide a copy of the letter by BA specifying the shorter period before which this application form shall be submitted.)
1.5 Registered Address (please provide both the English and Chinese registered addresses):
(in English)
(in Chinese)
1.6 Correspondence Address (to be provided only if different from the registered address given in item 1.5 above):
1.7 Telephone number: / 1.8 Fax number: / 1.9 E-mail address:
1.10 Name and title of contact person: / 1.11 Telephone number of contact person:
PART 2 – CORPORATE INFORMATION
2.1 Is the applicant still a company registered under the Companies Ordinance (Cap.32) in Hong Kong?
  Yes (Please attach certified true copies of the following documents: Certificate of Incorporation and Business Registration Certificate; and relevant returns filed with the Companies Registry.)
  No[(]
2.2 Corporate and shareholding structure of the applicant.
(Please attach supplementary sheets if necessary.)
2.3 The following director(s) and/or principal officer(s)[(] of the applicant company is/are[(] ordinarily resident in Hong Kong and has/have[(] so resident for at least one continuous period of not less than 7 years : (Please attach supplementary sheets if necessary).
Name of director and/or
principal officer / Title
1.
2.
3.
4.
2.4 Has a statutory declaration on persons regarded as fit and proper been submitted to the BA on or before April this year pursuant to section 21(2) of the BO and that there is no change to the list of persons exercising control of the applicant company since then ?
  Yes
  No (Please provide a statutory declaration on persons regarded as fit and proper given by the company secretary or one of the company directors or principal officers of the applicant company. A sample form (BA S.F. 13/2003) is available on the BA’s website at http://www.hkba.hk.)
PART 3 – Financial INFORMATION
For all applicants :
3.1 Audited account of the last three years and the most recently published interim result, if available.
For applicants providing subscription services in Hong Kong :
3.2 Number of subscribers
PART 4 – SERVICE INFORMATION
4.1 Is the television programme service still a service primarily targeting audiences outside Hong Kong and that there is no change to the overall nature of the non-domestic television programme service of the applicant determined by the BA pursuant to section 12 of the Broadcasting Ordinance (Cap.562) ?
  Yes (Please supply the following information:
  the geographical coverage of the television programme service;
  the availability of the service in Hong Kong and/or other places;
  the sources of advertising and/or subscription revenues, including the proportion of revenue derived from Hong Kong and/or other places;
  the language of the service and the nature and size of the audiences targeted by the service; and
  the marketing of the service in Hong Kong and elsewhere launched by the applicant and/or any third parties on its behalf.)
  No[(]
4.2 The programming of the service being provided, both by number and type of the channels and the number of broadcasting hours. Please also indicate the target audience, source(s) and language(s) of the channels of the service. (Please attach supplementary sheets if necessary).
TV Channels / Type / Broadcast Hours / Target Audience / Source / Language
1.
2.
3.
4.
5.
4.3 Measure(s) to ensure compliance with the regulatory requirements.
PART 5 – Technical INFORMATION
For all applicants :
5.1 The transmission network and technology being employed.
For applicants providing subscription services in Hong Kong :
5.2 Is the television programme service locking device the same as the one provided by the applicant for its subscription services in Hong Kong, which satisfied the BA pursuant to section 20 of the Broadcasting Ordinance (Cap.562)?
  Yes
  No (Please provide the details of the locking device and advise whether the applicant needs to seek the BA’s views on whether the locking device is acceptable.)
PART 6 – term of licence
The period of validity of a non-domestic television programme service licence is normally 12 years. Please confirm that the term being sought is 12 years.
  Yes
  No (Please state the term being sought and provide justifications.)
PART 7 – CERTIFICATION
I, being a director/company secretary/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.
I undertake to supply any further information as required by the BA in relation to this application. Such statements and representations so provided will form part of this application.
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 extension/renewal of a non-domestic television programme service licence in Hong Kong and other functions of the Broadcasting Authority under the Broadcasting Ordinance or the Broadcasting Authority Ordinance (Cap. 391). Confidential information provided in and attached to this application should be clearly marked as such and will be treated in confidence in accordance with section 27 of the Broadcasting Ordinance.
November 2008 / Broadcasting Authority

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Sample Request Form
Broadcasting Authority

c/o Television and Entertainment Licensing Authority

39/F, Revenue Tower

5 Gloucester Road

Wanchai

(Fax: 2598 5509)

Dear Sirs,
Request for a Shorter Period for Submission of
an Application for Renewal of a Non-domestic Television Programme
Service Licence under the Broadcasting Ordinance (Cap. 562)

______(name of the company) is the licence holder of the non-domestic television programme service licence (“Licence”), which will expire on ______.

The company hereby requests the Broadcasting Authority to specify a shorter period under section 11(2)(b) of the Broadcasting Ordinance (Cap. 562) to allow it to submit an application for the renewal of the Licence ______months before the expiry date of the Licence. The justification(s) of the above request is/are as follows -

Yours faithfully,
______
(Authorized Signature)
[Insert the name of the authorized person]
[Insert the post of the authorized person]

[(]* Please note that under the Broadcasting Ordinance, the application must be made by a company formed and registered under the Companies Ordinance.

[(]* Delete as appropriate

[(]

[(]

[(]* Please note that under the Broadcasting Ordinance, a non-domestic television programme service should not primarily target Hong Kong.

[(]* Delete as appropriate