TELEVISION (AMENDMENT) BILL 1988
(h) Section 17H requires certain information to be given by statutory declaration when applications are made to register an allocation, issue or transfer of certain voting shares of a licensee.
(i) Section 171 requires a licensee's register to be in a specified form
and to contain specified particulars.
(j) Section 17J is designed to avoid certain difficulties.
(k) Section 17K defines “relevant interest".
(1) Section 17L supplements section 17K.
(m) Section 17M provides that where persons give false information etc. in purported compliance with an obligation imposed by the Ordinance they will be guilty of an offence.
16. Clause 15 requires a licensee when broadcasting to comply with the provisions of a transmission plan prepared for the purposes of the clause by the Telecommunications Authority and specifies matters to which the plan may relate. The clause also makes certain other provisions as regards operating transmitters and antenna systems (subsections (5) and (6)).
17. Clause 16 is the "must carry" provision. See paragraph 1(d) above. Where it is proposed to give a direction under the clause, the licensee and the Broadcasting Authority must be notified and both he and the Broadcasting Authority are enabled to make representations and objections which will have to be taken into account.
18.
Clause 17 provides that the broadcasting of advertising material on a particular television programme service (i.e. a channel) will be limited to-
(a) an overall limit of 10 minutes in any clock hour (i.e. a period of 60
minutes beginning on any hour);
(b) if there are two or more advertising periods in any 24 hours from 6 a.m., an overall limit of 10% of the time during which broadcasts are transmitted on the service in the 24 hours,
and in addition, no classified advertisements are to be broadcast other than between 2 a.m. and 12 noon and breaks within programmes and intervals between programmes are to comply with any requirements specified in that regard in a code of practice. The Broadcasting Authority may give exemp- tion permissions to the limits above in certain circumstances (subsection (2)).
19. Clause 18 is an amendment consequential on clause 5.
20.
Clause 19 increases the existing fines and penalties in sections 35(4) and 37(3) of the principal Ordinance.
21. Clause 20 provides for the imposition and collection of a royalty on fees etc. received by licensees in respect of advertising material broadcast by them. The royalty will be determined by reference to such fees etc. and its amount shall, subject to an overall limit of 12%, be calculated by reference to a sliding scale. The fees and charges will be those one would expect to find in the market-see subsection (2). Subsections (4) to (9) provide, as regards the royalty, for enforcement, payment, furnishing of accounts, remitting to the Director of Accounting Services, estimation and settlement of disputes as regards estimates.
C663