XCC (87)42

CONFIDENTIAL

Page

3

telecommunication

telecommunication

networks services on

to provide other

a commercial basis.

public These

commercial services have only recently become available, and the TA considers it necessary to license them properly as public non-exclusive telecommunication services (PNETS) for the following reasons

(a)

(b)

(c)

(a)

(e)

to ensure compliance with all the provisions and recommendations of the International Telecommunication Convention and of the International Telegraph and Telephone Consultative Committee which include, inter alia, the need to ensure the secrecy of international

telecommunications correspondence;

to safeguard the public interest by granting licences only to a properly qualified service provider;

to ensure the privacy and confidentiality of messages entrusted to the service provider for transmission over the service having. regard to Hong Kong's obligation in (a) above;

to enable the TA to monitor the development of PNETS and thereby acquire more knowledge of the evolving needs of Hong Kong in respect

of services; and

modern

telecommunication

to prevent any possible infringement of exclusive rights of the existing franchised services.

8

7 above,

On account of the considerations in para. and even on the basis of the present wording of the various Exemption Orders referred to in paras. 4, 5 and 6 above, licences are already being issued to commercial providers of public non-exclusive telecommunication services. However, there is a need

a need to further clarify the legal language in the Exemption Orders SO that it may be put beyond doubt that commercial PNETS service providers are not exempted

licensing.

Public Non-Exclusive Telecommunication Services

9

At

present,

the telecommunication services are :

(a) public mobile radiotelephone;

from

public

non-exclusive

CONFIDENTIAL

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