}
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(b) the Aerial Distribution System (ADS)
This is a name used in referring to the system whereby a communal aerial on a single large building (e.g. a multi-storey block of flats) receives television
signals and distributes them by internal line to the different flats, offices, etc., in the building.
These two systems have distinct technical qualities. The CATV system involves the conversion of UHF signals to HF signals before distribution. This system is suitable for distributing signals over a large area from a single aerial system. It is the method used by RTV and they have stated
that it is their intention to continue using it in their future development. The ADS system involves no conversion
from UHF to HF: the very high frequencies used cause high
losses in the distribution cables, thus limiting the econ- omical size of such a system, which is suitable for distrib-
uting only to a very limited area.
18. RTV's attitude: RTV claim that their exclusive rights
under their television licence include both the CATV and
ADS systems, and this claim is regarded as legally sound
see paragraph 20. Nevertheless they did at one stage, in negotiations with the Hong Kong Government, accept a prop-
osal to amend their licence by withdrawing their exclusive right to provide ADS aerials, with the reservation:
"...we respect the fact that the public interest requires special consideration under the circum- stances likely to come about. In saying this we
do not wish it to be understood that any require-
ment of the public interest is ground for derog- ating from our Licence rights."
But in signifying their acceptance the company sought an assurance that the rights under their licence would not be
in any way affected by copyright legislation. This assur- ance was not given and, as stated in paragraph 10 above, the current copyright proposals would, in fact, diminish the company's rights under their licence.
19. TVB's attitude: TVB do not accept that the licence, in the absence of any specific mention of aerial distrib-
ution systems, confers an exclusive right to operate such systems. In representations to the Hong Kong Government they have put forward the following additional arguments:
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