TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 113

CONFIDENTIAL

20.

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).

21. Regardless of whether the licence does in fact confer

on RTV exclusive rights to establish and operate these aer- ial 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 comp-

etitor with RTV, should not have the monopoly for the instal-

lation of these systems, by which means alone some bulldings may be able to receive TVB programmes. They consider that an ADS system is simply a form of common aerial whereas a

CATV system is more in the nature of a mini-rediffusion

network. They consider, therefore, that there is a good

case for extending to the public the right to establish certain types of communal aerials (ADS) for the direct and better reception of wireless television programmes, rather than allow the establishment of all such facilities to be

the monopoly of one company. If the latter situation were allowed to arise, RTV would be in a position to impose con- ditions for providing such facilities (e.g. that subscribers must take the RTV service). They propose, by amendment of

RTV's licence, to permit any person to erect under licence

any community antenna or aerial distribution system other

than the CATV system. Such licences would be issued by

the Telecommunications Authority and the licence fee would be nominal, to cover only administration costs. They would be freely issued to any person or body (including RTV) with the requisite technical qualifications, with a view to max- imising competition in this field.

CONFIDENTIAL