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XCC(72)92

production of these programmes.

2

If in due course official weather

Provision is made for this in

programmes were also required these could be transmitted during

Government's free transmission time.

the draft licence.

H

I

Television (Amendment) Bill 1973 and draft licence

4

The draft bill at Annex G is intended to amend the Television Ordinance to permit the licensing of two new television stations in accordance with the terms and conditions recommended by Council at the meetings referred to in paragraph 1 above. A copy of the Television Ordinance is attached at Annex H. The draft licence and the first and second Schedule to it (which all similarly accord with Council's recommendations) are attached at Annex I. Not all the clauses in the Schedules to the licence will apply to all licensees and the Schedules will be appropriately modified to apply to individual licensees.

Timetable

5

The Annex to memorandum XCC(72)28 which was discussed on 11th April 1972 set out a tentative timetable. It was then hoped that the bill amending the Television Ordinance could be submitted to Council for discussion in September, or earlier if possible. However, TVB raised certain objections which have had to be examined. Details are given in paragraphs 8-17.

6

If Members agree that the new stations should be licensed as soon as possible, it is proposed that tenders should be advertised once the amending bill currently under consideration has become law. It will be noted that, to avoid delay, section 7 of the Ordinance is being amended to permit the licence application form to be approved by the Television Authority rather than by the Governor in Council. The necessary documentation can then be carried out concurrently with the enactment of the amending bill. However, there could be technical difficulties over the frequency plans; these are explained later in this memorandum. Until the broadcasting equipment of the second licensee is installed and able to transmit, it will not be possible to know for certain whether any will in practice be caused. This means that it will be inadvisable for both the second and the third licensee to come "on-air" at the same time: and the tender notice will thus make clear that the third licence will not be awarded unless Government is satisfied that these difficulties have not materialised or can be overcome.

7

It is intended that tenders for the second licence shall be open for three months and that thereafter a maximum of a further two months shall be allowed for consideration of the tenders and to seek Members advice on the recommendations. Finally a further month will be required to complete the licence and to announce the successful tenderer. Tenders for the third licence will be called for simultaneously but remain open for 12 months. This will have the incidental advantage of allowing prospective tenderers longer to discuss with the Television

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