NOTHING TO BE WRITTEN IN THIS MARGIN
W(B)L 51-7406
CONFIDENTIAL
(4)
that a clear distinction should be
drawn between equipment needed to
give good reception for wireless
television broadcasts and the wired
television service which is
properly the monopoly of RTV.
21. Hong Kong Government's Attitude:
Legal advisers - both here and in Hong Kong
are agreed that the terms of RTV's licence
can be construed as conferring an exclusive
right to establish and operate both these
special aerial systems as a service to the
public whether or not it was the
-
intention of the Hong Kong Government at
the time to confer any such right. They
nevertheless consider that where aerials,
connecting wires and other apparatus are
owned jointly by the owners of the television
receiving sets served, this would not fall
within RTV's exclusive right (which is to
provide a service to the public).
22. Regardless of whether the licence
does in fact confer on RTV exclusive
rights to establish and operate these
aerial systems as a service, the Hong Kong
Government considers that any such rights
have arisen accidentally. They hold the
view that in the public interest, RTV,
as the only competitor with TVB, should
not have the monopoly for the installation
of these systems, by which means alone some
buildings may be able to receive TVB
programmes. They consider that an ADS system
is simply a form of common aerial whereas a
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