Capítulo: 106A Reglamento de Telecomunicaciones, Hong Kong (China)

..................................................... For and on behalf of the Telecommunications Authority.

SCHEDULE

Apparatus

Date Installed

Operating Frequency

(L.N. 43 of 1966; L.N. 4 of 1984; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

RADIO PAGING SYSTEM LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE: FIXED TRANSMITTING

STATIONS ............................................................... Nos. $500 per annum each.
FEE: RECEIVING STATIONS .......................................... Nos. $ 50 per annum
each. ..................................................................................................................................
of .........................................................................................................................................................................................
...............................................................................(hereinafter
called "the Licensee") is hereby licensed, subject to the conditions attached hereto-

to establish, possess and maintain fixed transmitting stations (as detailed in the Schedule) for the purpose of communicating to receiving stations by means of selective calling tone only.

CONDITIONS

1. 1. The fixed transmitting stations comprised in the system shall not transmit any message or signal other than the selected tones required to actuate the receiving stations.
2. 2. The apparatus comprising the system shall at all times comply with any performance specifications laid down by the Telecommunications Authority, subject to such modification in favour of the Licensee, as the Telecommunications Authority may from time to time permit.
3. 3. The apparatus comprising the system shall be so designed, constructed, maintained and used, that the use of the same shall not cause any interference with any other duly licensed or authorized telecommunications.
4. 4. The stations shall be operated only by persons authorized by the Licensee in that behalf, and the Licensee shall ensure that such authorized persons observe the terms, provisions and limitations of this Licence at all times.
1. 5. The Licensee, or any other person authorized by him, shall not operate, except for testing purposes, any fixed transmitting station or receiving station unless the fee prescribed by or under the regulations for the time being in force has been paid to the Telecommunications Authority in respect of such fixed transmitting station or receiving station. The Licensee shall number every receiving station and keep a record at all times of the name
2. and address of every person authorized by the Licensee to operate a receiving station and the number of the receiving station issued to that person.
5. The apparatus comprising the system and this Licence shall be available for inspection at all reasonable times by any duly authorized officer of the Telecommunications Authority.
1. This Licence shall continue in force so long as the licensee pays to the Telecommunications Authority on or before the date of expiry in each year in respect of every fixed transmitting station and every receiving station specified in this Licence the fee prescribed by or under the regulations for the time being in force:
2. Provided that the Telecommunications Authority may at any time after the date of issue, revoke the Licence or vary the terms, provisions or limitations thereof by a notice in writing served on the Licensee. Any notice given under this clause may take effect either forthwith or on such subsequent date as may be specified in the notice.
6. This Licence shall be displayed in a prominent position at the control station.
7. This Licence is not transferable and shall be returned to the Telecommunications Authority when it has expired or has been revoked.
8. Any Licence or Permit however described, which the Telecommunications Authority has previously granted to the Licensee in respect of any or all of the stations comprising the system is hereby revoked.
9. The Telecommunications Authority shall be notified promptly of any change of address of the Licensee, or any proposed change in any of the fixed transmitting stations comprised in the system and whenever any such change occurs this Licence and the Schedule shall be returned promptly to the Telecommunications Authority for amendment. Prior authority on the siting of each fixed transmitting station shall be obtained from the Telecommunications Authority, if any fixed transmitting station is to be resited at a place other than that specified in this Licence.
10. If the power for the working of a fixed transmitting station is taken from the public electricity supply, no direct connection shall be made between the supply mains and the aerial.
11. If a fixed transmitting station aerial crosses above or is liable to be blown on to any overhead power wire (including electric lighting or tramway wires) or power apparatus, it shall be guarded to the reasonable satisfaction of the owner of the power wire or power apparatus concerned.
12. The connection of any of the apparatus comprising the system with the Public Telephone Network is forbidden.
13. Unless authorized in writing by the Telecommunications Authority, the relaying of messages received at any station to any other premises or place is not permitted.
14. If any signal or message, the receipt of which is not authorized by this Licence, is received by means of the receiving stations, neither the Licensee nor any person using such stations shall make known the contents of any such signal or message, its origin or destination, its existence or the fact of its receipt to any person except a duly authorized officer of the Telecommunications Authority or a competent legal tribunal and shall not retain any copy or make any use of such a signal or message, or allow it to be reproduced in writing, copied or made use of.
15. The Telecommunications Authority may publish at his discretion the Licensee's name and address and the frequencies allotted for the service of the Licensee, unless the Licensee specifically asks that this should not be done.
16. The Licensee, and all persons authorized by the Licensee to operate any station which the Licensee is authorized by this Licence to establish and use, shall observe and comply with the provisions of the Telecommunication Convention.
17. 19. In this Licence, "Telecommunication Convention" (電信公約) means any Constitution and Convention of the

International Telecommunication Union and the Radio Regulations annexed thereto, which have from time to time or at any time been acceded to by or applied to Hong Kong.

.......................................................... For and on behalf of the Telecommunications Authority.

RADIO PAGING SYSTEM

SCHEDULE

Name and address of Licensee:
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................

Location of Fixed Transmitting Stations:
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................

For the purposes of the Schedule

A. Effective radiated power (ERP) is the mean radio frequency power multiplied by the gain of the aerial in the horizontal plane. The mean radio frequency power (RFP) will be taken as that delivered to the aerial and generally for the unmodulated condition; but in case of systems in which the application of modulation causes an increase in the effective carrier power, apart from any change in power due to redistribution between the carrier and sidebands, this will be allowed for.

B. RFP, ERP and the aerial characteristics will be assessed either by measurements or by calculation from the characteristics of the types of apparatus used, at the discretion of the Telecommunications Authority.

C. The symbols used to designate the classes of emission have the meanings assigned to them in the Telecommunication Convention.

D. "Bandwidth" (頻帶寬度) and "frequency tolerance" (頻差容限) have the meanings assigned to them in the Telecommunication Convention.

NUMBER OF RECEIVING STATIONS ..................................................................................

(L.N. 37 of 1971; L.N. 4 of 1984; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

WIDE BAND LINK AND RELAY STATION LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:

(1) ................................................................................................................................ of ............................................................................................................................................. ............................................................................................................................................. (hereinafter called "the Licensee"), having paid to the Telecommunications Authority issue fee

of .............................., is hereby licensed, subject to the terms, provisions and limitations herein contained -an

(a) to establish a wide-band link / relay station operating on the assigned frequency/frequencies of ........................... MHz GHz utilizing a bandwidth of ................... MHz at the location referred to in the Schedule hereto; and

(b) to use the wide-band link/relay station for the purpose of sending to and receiving from the station-

(i) Facsimile signals

(ii) Spoken messages

(iii) Signals not having verbal significance but being coded and carrying data.

(2) Limitations: The foregoing licence to use the wide-band link/relay station is subject to the limitations-

(a) The station shall be used only with emissions at the frequency /frequencies and of the class and characteristics respectively specified in the Schedule hereto; and with such power and aerial characteristics as are specified in the Schedule hereto; in relation to the class and characteristics of the emission in use.

(b) The station shall be operated only on the licensee's behalf by persons authorized by the licensee so to do.

(c) The station shall be used only for the purpose of conducting the business of the licensee as ...................................................................................................

(3) Non-Interference: The apparatus comprised in the station shall be so designed, constructed maintained and used that the use of the station does not cause any avoidable interference with any radiocommunications service.

(4) Operators and Access to Apparatus: The licensee shall not permit or suffer any unauthorized person to operate the station or to have access to the apparatus comprised therein. The licensee shall ensure that persons operating the station observe the terms, provisions and limitations of this licence at all times.

(5) Inspection: The station and this licence shall be available for inspection at all reasonable times by a person acting under the authority of the Telecommunications Authority.

(6) Station to close down: The station shall be closed down at any time on the demand of a person acting under the

authority of the Telecommunications Authority.

(7)

Other stations: Other wide-band link/relay stations may have assigned to them the frequency channels assigned to the station referred to in this licence at the discretion of the Telecommunications Authority.

(8)

Period of Licence, Renewal, Revocation and Variation: This licence shall continue in force for one year from the date of issue and thereafter so long as the licensee pays to the Telecommunications Authority in advance in each year on or before the anniversary of the date of issue a renewal fee of ..................................: Provided that the Telecommunications Authority may at any time after the date of issue revoke this licence or vary the terms, provisions or limitations thereof by a notice in writing served on the licensee.

(9)

This licence is not transferable.

(10)

Other links: Usage of the allocated frequency for other links established by the licensee under the terms of this licence, shall be subject to the approval of the Authority and shall not incur an additional fee.

(11)

Application of licence: This licence shall apply to wide-band link and relay systems utilizing frequencies allocated by the Authority above 890 MHz.

.......................................................... For and on behalf of the Telecommunications Authority.

SCHEDULE

Name and address of Licensee: ............................................................................................... ............................................................................. .............................................................................................................................................................................................. ...............

For the purposes of the Schedule

A. Effective Radiated Power (ERP) is the power supplied to the antenna multiplied by the relative gain of the

antenna in a given direction.
The (ERP) shall be expressed in terms of the peak envelope power (Pp), the mean power (Pm), or the carrier
power (Po), whichever is appropriate, taking into account the class of emission used. These powers shall have
the meanings assigned to them in the Telecommunication Convention.

B. ERP and the aerial characteristics will be assessed either by measurements or by calculation from the characteristics of the types of apparatus used, at the discretion of the Telecommunications Authority. For this purpose the appropriate recommendation of the International Radio Consultative Committee (CCIR) should be used as a guide.

C. The symbols used to designate the classes of emission have the meanings assigned to them in the Telecommunication Convention.

D. "Bandwidth" (頻帶寬度) and "frequency tolerance" (頻差容限) have the meanings assigned to them in the Telecommunication Convention.

E. Public Repetition Frequency (PRF) is the reciprocal of the minimum interval separating corresponding points (e.g., 50% of the peak amplitude) of successive pulses. Pulse duration (length) of any specific pulse is the interval between the first and the last instance at which the instantaneous amplitude reaches 50% of the peak amplitude. Pulse rise time is the time taken during any specific pulse for the amplitude to increase from 10% to 90% of the peak amplitude.

(L.N. 159 of 1972; L.N. 204 of 1973; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

BROADCAST RELAY STATION LICENCE

DATE OF
ISSUE: ................................................................................................................ ................................................................
.........................................................................
of .............................................................................................................................................
(hereinafter called "the licensee") is hereby licensed, subject to the conditions herein contained-

(a) to establish and maintain a radio communication receiving station or stations (hereinafter referred to as "the stations") at the place or places specified in the Schedule;

(b) to receive at any of the stations-

(i) sound programmes and broadcast messages (except messages in facsimile) broadcast by the authorized broadcasting stations specified in the Schedule; and

(ii) all television programmes broadcast by the Hong Kong television broadcasting stations specified in the Schedule; and

(c) to connect by wires any of the stations with the premises of a subscriber in the area or areas specified in the Schedule and to distribute thereby to those premises the programmes and messages received in accordance with paragraph (b).

CONDITIONS

1. 1. The stations shall be so maintained and operated that they do not cause undue interference with any other radiocommunications station.
2. 2. (1) If any message which the licensee is not authorized to receive is unintentionally received by means of any of the stations, neither the licensee nor any person operating the station shall disclose the contents of any such message, its origin or destination, its existence or the fact of its receipt to any person except a public officer authorized by the Authority or a competent court or tribunal, and shall not retain any copy, or make any use, of any such message, or allow it to be reproduced, copied or made use of.

(2) The licensee shall take all practicable steps to prevent such a message from being received by any subscriber.

1. The licensee shall not originate any material or message which is distributed to subscribers to the system.
2. `The licensee shall furnish to the Authority such information in relation to the operation of the stations as the Authority may require.
3. The licensee shall, if required by the Authority in writing so to do, keep a record of the programmes and messages received at the stations and distributed to subscribers, showing the names of the broadcasting stations from which they were received and the approximate times of reception.
4. Nothing herein contained authorizes the licensee to do any act which is an infringement of any copyright which may exist in any programme or other matter received by the stations.
5. The licensee shall provide to every subscriber a full and contemporaneous relay of all the sound and television programmes broadcast by the broadcasting stations specified in the Schedule.
6. All apparatus used by the licensee shall comply with such requirements as may be specified by the authority and shall be so designed, constructed, maintained and operated that the same does not cause any interference with any other means of telecommunications or interference between subscribers.
7. The system shall be operated only by persons authorized by the licensee in that behalf.
8. The licensee shall permit any public office authorized in writing by the Authority to inspect at all reasonable times the apparatus used by the licensee and this licence.
9. Nothing in this licence confers any right to a renewal thereof on its expiry or to the grant of a new licence.
10. The licensee shall notify the Authority of any extension or modification of the system before the same is carried out.
11. This licence is not transferable and shall be returned to the Authority if it is revoked or when it has expired.
12. The licensee shall notify the Authority forthwith of any change of address of the licensee.
13. The licensee shall ensure that any apparatus which is operated from the public mains supply of electricity is so designed that the said means supply cannot be applied to the aerial or the cable distribution system.
14. The aerial shall be suitably earthed to guard against lightning strikes and shall be securely mounted.
15. The Authority may publish the name and address of the licensee and technical details of the system unless the licensee objects thereto on reasonable grounds.
16. (1) No wire forming part of the system shall cross any street or unleased Government land without the written consent of the Authority.

(2) The licensee shall comply with any conditions imposed, or directions given, by the Authority on the giving of his consent for the purposes of paragraph (1).

19. (1) If in the opinion of the Governor an emergency has arisen, the Authority may from time to time-

(a)

issue directions to the licensee concerning the programmes and messages to be distributed to subscribers from any of the stations;

(b)

require the licensee to receive by means of any of the stations messages from any specified broadcasting station and distribute those messages to subscribe; and

(c)

require the licensee to distribute to subscribers from any of the stations messages of any kind or

description.

(2)

The licensee shall comply with any direction given under paragraph (1).

(3)

The licensee shall not be entitled to any payment or compensation in respect of the exercise by the Authority of any of the powers conferred on him by this clause.

20. The licensee shall notify the Authority of the charge made by him from time to time to subscribers.

SCHEDULE

Name and address of the Licensee Location of Relay Stations Broadcasts to be received and distributed

Station Frequency or Channel Point of Reception

Area of distribution

(L.N. 215 of 1973; 29 of 1998 s. 105; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

CLOSED CIRCUIT TELEVISION LICENCE

VALID FOR ONE YEAR FROM (date of issue) ................................................................... FEE:

................................ of ................................................................................................ (hereinafter called "the licensee") is hereby licensed, subject to the conditions herein contained, to establish and maintain a closed circuit television system consisting of a television transmitter unit, with or without an associated audio system, connected by wire to reception units, which system (hereinafter referred to as "the system") is more particularly described in the First Schedule hereto.

GENERAL CONDITIONS

1. The system shall be operated only by the licensee and persons authorized by him in that behalf.
1. The licensee shall-
1. furnish to the Telecommunications Authority (hereinafter called "the Authority") his address for correspondence;
2. forthwith give notice in writing to the Authority of any change of such address; and
3. when giving the notice referred to in paragraph (b), return this licence to the Authority for amendment.
1. The licensee shall-
1. operate the system in such a manner as not to cause interference with any other means of telecommunications; and
2. comply with any direction given by the Authority for the purpose of avoiding any such interference.
1. The licensee shall permit any public officer authorized in writing by the Authority to inspect the system and this licence at all reasonable times, and shall forthwith furnish to the Authority any information required by the
2. Authority in connection with the operation of the system.
2. (1) The licensee shall not use any instrument, apparatus or material on, or connect or apply any electrical currents to, any part of the system if the same interferes, or is likely to interfere, with the working of any other means of telecommunications.

(2) The licensee shall, on receipt of a notice in writing from the Authority, disconnect or remove any part of the system which, in the opinion of the Authority, is interfering, or is likely to interfere, with the working of any other means of telecommunications.

1. The licensee shall not operate the system except for the purpose of providing the information or security communication system or other system specified in the Second Schedule hereto.
1. The licensee shall not transmit by means of the system
1. any advertising material other than such material as
1. advertises only the goods or services sold or provided by the licensee; or
2. is transmitted free of charge by the licensee;
1. any sound programmes, broadcast messages or television programmes broadcast by any authorized sound broadcasting or television broadcasting stations.
2. (1) No wire forming part of the system shall cross any street or unleased Government land without the written consent of the Authority.

(2) The licensee shall comply with any conditions imposed or directions given by the Authority on the giving of his consent for the purposes of paragraph (1).

1. This licence is not transferable.
2. This licence shall be returned to the Authority when it has expired or been revoked.
3. Nothing herein contained authorizes the licensee to do any act which is an infringement of any copyright.
4. The licensee shall ensure that any equipment which is operated from the mains supply of electricity is so designed that the mains supply cannot be applied to the wires of the system.

SPECIAL CONDITIONS

....................................................... For and on behalf of the Telecommunications Authority.

FIRST SCHEDULE

DESCRIPTION OF SYSTEM

Location of transmitter unit ....................................................................................................
Number and location of reception units ...................................................................................
.............................................................................................................................................
Other specifications ..............................................................................................................

SECOND SCHEDULE

PURPOSE OF SYSTEM

(L.N. 215 of 1973; 29 of 1998 s. 105; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

BROADCAST RADIO RELAY STATION LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:

................................................................................................................................ of ............................................................................................................................................ (hereinafter called "the licensee") is hereby licensed, subject to the conditions herein contained-

(a)

to establish and maintain a broadcast relay station at the place specified in the Schedule;

(b)

to receive *sound/television programmes broadcast by each of the authorized broadcasting stations specified in the Schedule; and

(c)

to transmit by radiowave within the area of coverage specified in the Schedule the programmes received in accordance with paragraph (b).

*Delete where inapplicable.

CONDITIONS

1. The station shall be operated only by the licensee and persons authorized by him in that behalf.
2. This licence shall continue in force for one year from the date of issue.
3. Nothing in this licence confers any right to a renewal thereof on its expiry or to the grant of a new licence.
4. The licence is not transferable and shall be returned to the Authority if it is revoked or when it has expired.
5. The licensee shall notify the Authority forthwith of any change of address of the licensee.
6. The licensee shall furnish to the Authority such information in relation to the operation of the station as the Authority may require.
7. The licensee shall permit any public officer authorized in writing by the Authority to inspect at all reasonable times the apparatus used by the licensee under this licence.
8. The licensee shall notify the Authority of any proposed extension or modification of the system before the same is carried out.
9. Nothing herein contained authorizes the licensee to do any act which is an infringement of any copyright which may exist in any programme or other matter received by the stations.
10. The licensee shall provide a full and contemporaneous relay of all *sound/television programmes broadcast by each of the broadcasting stations specified in the Schedule.
11. All apparatus used by the licensee shall comply with those technical requirements specified in the Schedule and shall be so designed, constructed, maintained and operated that the same does not cause undue interference with any other means of telecommunications.
12. (1) If any message which the licensee is not authorized to receive is unintentionally received by means of any of

the stations, neither the licensee nor any person operating the station shall disclose the contents of any such message, its origin or destination, its existence or the fact of its receipt to any person except a public officer authorized by the Authority or a competent court or tribunal, and shall not retain any copy, or make any use, of any such message, or allow it to be reproduced, copied or made use of.

(2) The licensee shall take all practicable steps to prevent such a message from being received and re-broadcast.

1. The licensee shall not interject any message, programme, advertising material or announcement into the relay service except, in the case of an emergency, essential announcements concerning the safety of the public within the area of coverage specified in the Schedule.
2. The licensee shall maintain a record and enter therein the date and time and contents of every announcement interjected into the relay service.
3. Any aerial shall be suitably earthed to guard against lightning strikes and shall be securely mounted.
4. (1) No wire forming part of the system shall cross any public street or unleased Government land without the written consent of the Authority.

(2) The licensee shall comply with any conditions imposed, or directions given, by the Authority on the giving of his consent for the purpose of subparagraph (1).

17. (1) If in the opinion of the Governor an emergency has arisen, the Authority may from time to time-

(a)

issue directions to the licensee concerning the programmes and messages to be broadcast from the station;

(b)

require the licensee to receive by means of any of the station messages from any specified broadcasting station and broadcast those messages.

(2)

The licensee shall comply with any direction given under subparagraph (1).

(3)

The licensee shall not be entitled to any payment or compensation in respect of the exercise by the Authority of any of the powers conferred on him by this clause.

..................................................... For and on behalf of the Telecommunications Authority. *Delete where inapplicable.

SCHEDULE

1. Location of Broadcast Relay Station
2. Authorized Broadcasting Transmitting Maximum effective

Stations frequencies radiated power (Watts)

1. Area of coverage
2. Technical Requirements

(L.N. 259 of 1982; L.N. 365 of 1987; 29 of 1998 s. 105; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE
(Chapter 106)

PUBLIC NON-EXCLUSIVE TELECOMMUNICATIONS
SERVICE LICENCE

[ ]*

DATE OF ISSUE:

RENEWABLE:

FEE ON ISSUE:

FEE ON RENEWAL: (or such other fee as may be prescribed)

.........................................................................................................................................

of .............................................................................................................................................

(hereinafter called "the licensee") is hereby licensed, subject to the conditions hereinafter contained-

(a)

to provide a public service (hereinafter called "the service") more particularly described in the First Schedule hereto; and

(b)

to possess, establish, use and maintain such radiocommunications apparatus as described in the Second Schedule hereto as may be necessary to provide for service; and

(c)

to deal in and demonstrate with a view to sale in the course of trade or business, such apparatus or material for radiocommunications as may be necessary to supply customers of the service.

1. This licence shall not be construed as granting any exclusive rights to the licensee in the operation of the service.
2. This licence replaces any licence, however described, which the Telecommunications Authority may have granted to the licensee in respect of the service.

NOTES

1. It is an offence for the licensee or his customers to operate licensed apparatus in such a manner as to cause direct or indirect interference with any other telecommunications service lawfully carried on, or other apparatus for telecommunications lawfully operated in or outside Hong Kong.
2. Under section 34(2) of the Telecommunications Ordinance (Chapter 106) any licence may at any time be cancelled or withdrawn by the Telecommunications Authority or suspended for such period, not exceeding 12 months as the Authority specifies in the event of any contravention by the licensee of the Ordinance (which includes the regulations thereunder) or of any condition to which the licence is subject.
3. It is an offence upon the expiry or cancellation of this licence not to surrender it to the Telecommunications Authority within 4 weeks of such expiry or cancellation.
4. (Repealed L.N. 238 of 1995)

* Insert here a description of the service.

GENERAL CONDITIONS

This licence is issued subject to the following conditions-

1. The licensee shall at all times and from time to time during the continuation of this licence operate, maintain and provide the service in a manner satisfactory to the Telecommunications Authority.
2. The licensee shall at all times perform and observe the requirements and except insofar as the Telecommunications Authority may in writing expressly absolve the licensee from such compliance all provisions of the Constitution and Convention of the International Telecommunication Union and all regulations and recommendations annexed thereto or made thereunder as are applicable in Hong Kong.
3. (1) Notwithstanding regulation 8(1) of the Telecommunications Regulations (Cap 106 sub. leg.) the licensee may with the prior consent in writing of the Telecommunications Authority transfer this licence and any

permission or any right or benefit arising therefrom.

(2)

Any such consent shall be subject to such conditions as the Telecommunications Authority may impose.

(3)

Should any such transfer be made with such consent as aforesaid the licensee shall cause a true copy of the instrument effecting the same to be transmitted to the Telecommunications Authority within 2 months of the date thereof.

4. If the licensee possesses, uses, establishes or maintains apparatus for radiocommunications the following additional conditions shall apply

(a)

each fixed or base station shall be used only at the address and with emissions at the frequencies and of the classes and characteristics specified in the Second Schedule hereto, and with such power and aerial characteristics as are specified in the Second Schedule in relation to the class and characteristics of the emission in use;

(b)

the apparatus comprised in each fixed or base station shall at all times comply with the technical and performance standards as may be prescribed by the Telecommunications Authority and specified in the Second Schedule;

(c)

the apparatus comprised in each fixed, base or mobile station (being a mobile station used by the customer of the licensee) shall be of a type approved by the Telecommunications Authority and shall be so designed, constructed, maintained and operated that its use does not cause any avoidable interference with any radiocommunications;

(d)

each fixed or base station shall be operated only by the licensee or a person authorized by the licensee in that behalf. The licensee shall not permit or suffer any person not so authorized to have access to the apparatus comprised in each fixed or base station. The licensee shall ensure that persons operating each fixed or base station observe the conditions of the licence at all times;

(e)

the licensee

(i)

shall not make any change-

(A)

in any fixed or base station; or

(B)

in the address at which each fixed or base station is installed, without the prior approval in writing of the Telecommunications Authority;

(ii)

shall return this licence to the Telecommunications Authority for amendment when a change referred to in sub-subparagraph (i) has been effected;

(f)

if power for the working of any fixed or base station is taken from a public electricity supply, no direct connection shall be made between the supply mains and the aerial;

(g)

if any fixed or base station aerial crosses above or may fall or be blown onto any overhead power wire (including electric lighting and tramway wires) or power apparatus it shall be guarded to the reasonable satisfaction of the owner of the power wire or power apparatus concerned;

(h)

the licensee shall take all reasonable measures to ensure that customers of the service do not cause interference to other users of radiocommunications and shall take all the necessary measures to stop such interference as may occur;

(i)

the licensee shall cease to offer service to a customer thereof if instructed to do so by the Telecommunications Authority;

(j)

the licensee shall, if so required, provide the Telecommunications Authority with a list of the names, addresses and other details requested by the Telecommunications Authority of the customers of the service annually on a date specified by the Telecommunications Authority by notice to the licensee;

(k)

when any person ceases to be a customer of the licensee the licensee shall notify him, in such manner as the Telecommunications Authority may require, that he is no longer exempt from the licensing requirements of the Ordinance in relation to the apparatus used by him as a customer.

1. The apparatus operated by the licensee shall be operated only on such radio frequencies as the Telecommunications Authority may assign to the licensee and the Telecommunications Authority may refuse to assign further frequencies or require the licensee, by notice to him, to cease to operate the apparatus on any frequency previously assigned to him if in the opinion of the Telecommunications Authority the licensee is not making efficient use of that frequency.
1. The Telecommunications Authority may, by giving not less than 12 months' notice in writing to the licensee, require him upon such date as may be specified in the notice to cease using any frequency previously assigned
2. to him by the Telecommunications Authority and to use such new frequency as the Telecommunications Authority may designate.
2. The licensee shall not enter into any agreement or arrangement whether legally enforceable or not which shall in any way prevent or restrict competition in relation to the operation of the service or any other telecommunications service licensed by the Telecommunications Authority.

SPECIAL CONDITIONS

FIRST SCHEDULE

DESCRIPTION OF THE PUBLIC TELECOMMUNICATIONS SERVICE

SECOND SCHEDULE

Address

Transmitting Frequency

Maximum Frequency Tolerance

Class of Emission

Maximum Effective Radiated Power (Watts)

Aerial Characteristics

Performance and Technical Standards

....................................................... For and on behalf of the Telecommunications Authority.

(L.N. 4 of 1984; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

PLEASURE VESSEL RADIO NETWORK STATION LICENCE

DATE OF ISSUE: NAME OF PLEASURE VESSEL OR LOCATION:

RENEWABLE: MARINE DEPARTMENT'S LICENCE NO.:

FEE ON ISSUE: (WHEN ALLOCATED)

FEE ON RENEWAL: CALL SIGN OR IDENTIFICATION: .................................................................................................................................

of .............................................................................................................................................

hereinafter called the "Licensee") is hereby licensed, subject to the conditions hereinafter contained, to possess such

apparatus as is specified in the Schedule hereto and to establish and maintain-

(a)

a transmitting and receiving station for radiocommunications in the pleasure vessel or location named above (hereinafter called "the Pleasure Vessel Radio Network Station");

(b)

transmitting and receiving stations for radiocommunications in the life boats or other survival-crafts associated with and normally carried by the pleasure vessel (hereinafter called "the Survival Craft Stations");

(c)

a radar station for the purpose of radio-determination (hereinafter called "the Radar Station") in the pleasure vessel or in any of the life boats or other survival-crafts associated with, and normally carried by, the pleasure vessel.

CONDITIONS

This licence is issued subject to the following conditions-

1. The apparatus comprised in the Pleasure Vessel Radio Network Station, Survival Craft Stations and Radar Station (hereinafter called "the Stations")-

(a)

shall be so designed, constructed, maintained and used that the use of the Stations does not cause any avoidable interference with any radiocommunications; and

(b)

shall be maintained in good working conditions and no modification or alteration shall be made without the consent in writing of the Telecommunications Authority (hereinafter called "the Authority").

1. The Stations shall be used only with emissions which are of the classes specified in the Schedule hereto, on the frequencies specified in the Schedule hereto in relation to those respective classes of emission, and with a power not exceeding that specified in the Schedule hereto in relation to the class of emission and frequency in use at the time.
1. The Stations shall be operated only by persons possessing a certificate granted by the Authority under regulation 4 of the Telecommunications Regulations (Cap 106 sub. leg.), but this requirement-
1. shall not apply to stations which operate solely on frequencies above 30 MHz other than frequencies assigned for international use; and
2. shall not prevent the use or operation of the Stations in time of distress by any person for the purpose of attracting attention, making known their position and obtaining help.
2. The call sign of the Pleasure Vessel Radio Network Station referred to in the Schedule shall be used whenever it is necessary to identify the Pleasure Vessel Radio Network Station. Such call sign followed by two digits (other than 0 or 1) shall be used to identify any of the Survival Craft Stations. A different combination of digits shall be used in respect of each Survival Craft Station.
3. The Licensee shall permit any person, acting in the course of his duty on behalf of the Authority or the Director of Marine, to have access to the Stations at all reasonable times for the purpose of inspecting and testing the apparatus comprised therein.
1. The Licensee-
1. shall not make any change in the Stations without the prior approval of the Authority; and
2. shall give notice in writing, and return this licence for amendment, to the Authority within 4 weeks of any change of any of the particulars set out in the licence and the Schedule.
4. This licence is not transferable.
5. The licensee shall at all times perform and observe the requirements and, except insofar as the Authority may in writing expressly absolve the Licensee from such compliance, all provisions of the Constitution and Convention of the International Telecommunication Union and all regulations and recommendations annexed thereto or made thereunder as are applicable in Hong Kong.
6. This licence shall continue in force for one year from the date of issue.
7. The Licensee shall render to the Authority such accounts as the Authority may direct in respect of all charges due or payable under the Constitution and Convention of the International Telecommunication Union in respect of messages exchanged between the Stations and other stations, and shall pay to the Authority at such times and in such manner as the Authority may direct all sums due from the Licensee for such messages.
8. Every message sent from the Pleasure Vessel Radio Network Station shall start with an announcement of the call sign of the called and calling stations. The call sign of the calling station shall be repeated at the end of every period of transmission but no call sign need be announced more than once in any period not exceeding one minute. The Pleasure Vessel Radio Network Station shall be called and identified only by its authorized call sign.
1. If a message not intended for the Licensee or the general use of the public is received by the Stations, the Licensee or any person using the Stations shall not record, disclose or communicate the message unless-
1. he has had the consent of the originator;
2. the message indicates that the originator may be involved in any criminal activities; or
3. the communication or disclosure is to an authorized officer of the Authority or a competent legal tribunal.
9. No message which is grossly offensive or of an indecent or obscene character shall be sent from the Stations.
10. The connection of any of the Stations with the public switched telephone system other than through the Hong Kong Coast Station is not permitted.

....................................................... For and on behalf of the Telecommunications Authority.

SCHEDULE

1. Name of the Pleasure Vessel or location:
2. Apparatus:

TELECOMMUNICATIONS ORDINANCE
(Chapter 106)

RADIODETERMINATION AND CONVEYANCE OF COMMANDS,
STATUS AND DATA LICENCE

DATE OF ISSUE:
RENEWABLE:
FEE ON ISSUE:
FEE ON RENEWAL:

................................................................................................................................ of ............................................................................................................................................. (hereinafter called "the Licensee") is hereby licensed, subject to the conditions herein contained-

(a)

to possess, establish and maintain a radio apparatus for the determination of position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by

means of the propagation properties of radio waves; and

(b) to use the apparatus for the purpose of-

(i) transmitting information of any nature provided otherwise than by means of voice;

(ii) receiving from any duly authorized radio station information of any nature provided otherwise than by means of voice.

CONDITIONS

1. 1. The System shall comprise only of the Stations at the locations specified in the Schedule.
2. 2. All characteristics of the Stations shall conform to the parameters and standards specified in the Schedule.
3. 3. The apparatus comprised in the Stations shall be so designed, constructed, maintained and used that the use of the Stations does not cause any avoidable interference with any radiocommunications.
4. 4. The Licensee shall permit any person, acting in the course of his duty on behalf of the Authority, to have access to the Stations at all reasonable time for the purpose of inspecting and testing the apparatus comprised therein.
1. 5. The Licensee
1. (a) shall not make any change in the Stations without the prior approval of the Authority;
2. (b) shall give notice in writing to the Authority within 4 weeks of any change of the particulars set out in the licence and the Schedules.
1. 6. This Licence shall continue in force so long as the Licensee pays to the Telecommunications Authority in advance on or before the date of expiry in each year the renewal fee prescribed by or under the regulations for the time being in force:
2. Provided that the Telecommunications Authority may at any time after the date of issue revoke the Licence or vary the terms, provisions or limitations thereof by a notice in writing served on the Licensee. Any notice given under this clause may take effect forthwith or on such subsequent date as may be specified in the notice.
5. 7. The Licence is not transferable.
6. 8. The Licence shall be returned to the Telecommunications Authority when it has expired or been revoked.
7. 9. If any message, the receipt of which is not authorized by the Licence, is received by means of the Station, neither the Licensee nor any person using the Stations shall make known the contents of any such message, its origin or destination, its existence or the fact of its receipt to any person except a duly authorized officer of the Telecommunications Authority or a competent legal tribunal, and shall not retain any copy or make any use of any such message, or allow it to be reproduced in writing, copied or made use of.
8. 10. The Licensee, and all persons operating any stations which the Licensee is authorized by this Licence to establish and use shall observe and comply with the relevant provisions of the Telecommunication Convention.
9. 11. In this Licence "Telecommunication Convention" (電信公約) means any Constitution and Convention of the

International Telecommunication Union and the Radio Regulations annexed thereto, which have from time to time or at any time been acceded to by or applied to Hong Kong.

..................................................... For and on behalf of the Telecommunications Authority.

SCHEDULE

Location Transmitting Frequency Maximum Frequency Tolerance Class of Emission Maximum Effective Radiated Power Aerial Characteristics Field Strength at Specified Distance Other Performance and Technical Standards

(L.N. 193 of 1989; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

HOTEL TELEVISION (TRANSMISSION) LICENCE

VALID FOR ONE YEAR FROM (date of issue) ................................................................. FEE:

................................................................................................................................. of ............................................................................................................................(hereinafter called "the licensee") is hereby licensed, subject to the conditions herein contained, to establish and maintain a closed circuit television system for hotel television services consisting of a television transmitter unit or units and/or a radio receiver or receivers, with or without an associated audio system, connected by wire and/or* radio and/or* any other electromagnetic means to reception units, which system (hereinafter referred to as "the system") is more particularly described in the First Schedule hereto.

*Delete where appropriate.

GENERAL CONDITIONS

1. The system shall be operated only by the licensee and persons authorized by him in that behalf.
1. The licensee shall-
1. furnish to the Telecommunications Authority (hereinafter called "the Authority") his address for correspondence;
2. forthwith give notice in writing to the Authority of any change of such address; and
3. when giving the notice referred to in paragraph (b), return this licence to the Authority for amendment.
1. (1) The licensee shall-
1. operate the system in such a manner as not to cause interference with any other means of telecommunications;
2. comply with any direction given by the Authority for the purpose of avoiding any such interference; and
3. on receipt of a notice in writing from the Authority, disconnect or remove any part of the system which, in the opinion of the Authority, is interfering, or is likely to interfere, with the working of any other means of telecommunications.

(2) The licensee shall not use any instrument, apparatus or material on, or connect or apply any electrical currents to, any part of the system if the same interferes, or is likely to interfere, with the working of any other means of telecommunications.

1. The licensee shall permit any public officer authorized in writing by the Authority to inspect the system, relevant records and this licence at all reasonable times, and shall forthwith furnish to the Authority any information required by the Authority in connection with the operation of the system.
2. The licensee shall not operate the system except for the purpose of providing the system specified in the Second Schedule hereto.
3. 6. The licensee shall ensure that all advertising material transmitted by the system complies with the standards laid down in the Code of Practice relating to Advertising Standards issued under the Television Ordinance (Cap 52).
4. 7. Advertising material may not be transmitted during the showing of a feature film.
5. 8. There shall be no limit on the amount of advertising transmitted.
6. 9. Where the contents of the Code of Practice for Advertising Standards and these General Conditions are in conflict, the General Conditions shall prevail.
7. 10. The licensee shall submit detailed information on its programmes and any advertising material intended for transmission by the system to the Commissioner for Television and Entertainment Licensing ("CTEL") containing such particulars and at such time as may be required by the same.
8. 11. The licensee shall make available to CTEL on demand a video-tape of any programme or advertising material intended for transmission by the system. An exception should be made for news, current affairs and sports programmes transmitted to the licensee by microwave or other radio waves.
9. 12. The licensee shall retain video-tape recordings of all material transmitted by the system for 30 days and shall submit them on demand to CTEL for examination.
1. 13. The licensee shall ensure that any programme which may contain material unsuitable for children is preceded by a notice in the following form- "WARNING:THIS PROGRAMME CONTAINS MATERIAL WHICH MAY BE
2. UNSUITABLE FOR CHILDREN
   警告：本節目部分內容可能不適合兒童觀看".
   
   
10. 14. No wire forming part of the system shall cross any street or unleased Government land.
11. 15. This licence is not transferable.
12. 16. This licence shall be returned to the Authority when it has expired or been revoked.
13. 17. Nothing herein contained authorizes the licensee to do any act which is an infringement of any copyright.
14. 18. The licensee shall ensure that any equipment which is operated from the mains supply of electricity is so designed that the mains supply cannot be applied to the wires of the system.
15. 19. The licensee may not continue to receive signals on any microwave frequency more than 3 months after the Authority directs the licensee to terminate the reception on that microwave frequency on the ground that the premises containing the system have been passed by a cable of any cable television network licensed by the Government.

SPECIAL CONDITIONS

.................................................. For and on behalf of the Telecommunications Authority.

FIRST SCHEDULE

DESCRIPTION OF SYSTEM

Location of transmitter unit or units .........................................................................................
Location of reception units .....................................................................................................
.............................................................................................................................................
Other specifications ...............................................................................................................

SECOND SCHEDULE

PURPOSE OF SYSTEM

(L.N. 301 of 1989; 29 of 1998 s. 105; 36 of 2000 s. 28; 48 of 2000 s. 44)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

PUBLIC RADIOCOMMUNICATIONS SERVICE LICENCE

DATE OF ISSUE:
VALIDITY PERIOD:
DATE OF EXTENSION (if applicable):
PERIOD OF EXTENSION (if applicable):

...................................................................................................................................... of ....................................................................................................................................... (the "licensee") is licensed, subject to the conditions set out in this licence

(a)

to provide a public radiocommunications service (the "Service") described in Schedule 1;

(b)

to establish, maintain, possess and use the radiocommunications apparatus described in Schedule 2 to provide the Service; and

(c)

to deal in and demonstrate with a view to sale in the course of trade or business, such apparatus or material for radiocommunications as may be necessary to supply customers of the Service.

GENERAL CONDITIONS

1. This licence shall not be construed as granting any exclusive rights to the licensee in the provision of the Service.
2. This licence replaces any licence, however described, which the Authority may have granted to the licensee for the Service.
3. The licensee shall at all times and from time to time during the continuance of this licence operate, maintain and provide the Service in a manner satisfactory to the Authority.
4. The licensee shall at all times perform and observe the requirements of the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to or made under the Convention as are applicable to Hong Kong except to the extent that the Authority may in writing expressly exempt the licensee from such compliance.
5. (1) Notwithstanding regulation 8(1) of the Telecommunications Regulations, the licensee may with the prior written consent of the Authority transfer this licence and any permission, right or benefit under this licence.

(2)

The consent of the Authority shall be subject to such conditions as the Authority thinks fit.

(3)

If the licensee transfers the licence or other right, the licensee shall give the Authority a true copy of the transfer document within 2 months of the date of the transfer.

6. (1) Each base station shall be used only at the location and with emissions at the frequencies and of the classes and characteristics specified in Schedule 2, and with such power and aerial characteristics as are specified in Schedule 2 in relation to the class and characteristics of the emission in use.

(2)

The apparatus comprised in each base station shall at all times comply with the technical and performance standards as may be prescribed by the Authority and specified in Schedule 2.

(3)

The apparatus comprised in each base or mobile station (being a mobile station used by the customer of the licensee) shall be of a type approved by the Authority and shall be so designed, constructed, maintained and operated that its use does not cause any avoidable interference with any radiocommunications.

(4)

Each base station shall be operated only by the licensee or a person authorized by the licensee in that behalf. The licensee shall not permit or suffer any person not so authorized to have access to the apparatus comprised in each base station. The licensee shall ensure that persons operating each base station observe the conditions of the licence at all times.

(5)

The licensee

(a)

shall not make any change-

(i)

in any base station; or

(ii)

in the address at which each base station is installed,
without the prior approval in writing of the Authority; and

(b)

shall return this licence to the Authority for amendment when a change referred to in sub-subparagraph

(a) has been effected.

(6)

If power for the working of any base station is taken from a public electricity supply, no direct connection shall be made between the supply mains and the aerial.

(7)

If any base station aerial crosses above or may fall or be blown onto any overhead power wire (including electric lighting and tramway wires) or power apparatus it shall be guarded to the reasonable satisfaction of the owner of the power apparatus concerned.

(8)

The licensee shall take all reasonable measures to ensure that customers of the Service do not cause interference to other users of radiocommunications and shall take all the necessary measures to stop such interference as may occur.

(9)

The licensee shall cease to offer service to a customer if instructed to do so by the Authority.

(10)

The licensee shall, if so required, provide the Authority with a list of the names, addresses and other details, requested by the Authority, of the customers of the Service annually on a date specified by the Authority by notice to the licensee.

1. The apparatus operated by the licensee shall be operated only on such radio frequencies as the Authority may assign to the licensee and the Authority may refuse to assign further frequencies or required the licensee, by notice to him, to cease to operate the apparatus on any frequency previously assigned to him if in the opinion of the Authority the licensee is not making efficient use of that frequency.
2. The Authority may, by giving not less than 12 months' notice in writing to the licensee, require him upon such date as may be specified in the notice to cease using any frequency previously assigned to him by the Authority and to use such new frequency as the Authority may designate.
3. The licensee shall not enter into any agreement or arrangement whether legally enforceable or not which shall in any way prevent or restrict competition in relation to the operation of the Service or any other telecommunications service licensed by the Authority.

SPECIAL CONDITIONS

(Special conditions may be inserted on the Grant or Extension of this Licence)

SCHEDULE 1

DESCRIPTION OF THE PUBLIC RADIOCOMMUNICATIONS SERVICE

SCHEDULE 2

Location Transmitting Frequencies Maximum Frequency Tolerance Classes of Emission Maximum Effective Radiated Power Aerial Characteristics Other Performance and Technical Standards

.......................................... For the Authority

(L.N. 430 of 1990; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCES (Chapter 106)

SATELLITE MASTER ANTENNA TELEVISION LICENCE

DATE OF ISSUE: ....................................................................................................................................

of .........................................................................................................................................

(hereinafter called "the licensee") is hereby licensed, subject to the conditions herein contained-

(a)

to establish and maintain a satellite master antenna television system or systems (hereinafter referred to as "the system") consisting of a radio communication receiving station or stations at the location or locations specified in the Schedule connected by wire to outlet points at the premises of users of the system within the area or areas specified in the Schedule;

(b)

to receive television programmes, teletext services or other subcarrier information and sound programmes transmitted from satellites intended for general reception; (baa) commencing from 1 January 2000, to receive telecommunications messages transmitted from satellites intended for reception by users of the system;

(ba) by connecting the system with a subscription television network pursuant to an agreement between the licensee and the relevant subscription television broadcasting licensee

(i)

to receive

(A)

television programmes and ancillary telecommunications services; and

(B)

functional data signals,
transmitted by the relevant subscription television broadcasting licensee; and

(ii)

to relay to the subscription television network functional data signals from outlet points of the system referred to in paragraph (a);

(bb) by connecting the system with a programme service pursuant to an agreement between the licensee and the relevant programme service licensee

(i)

to receive

(A)

television programmes and ancillary telecommunications services; and

(B)

functional data signals,
provided by the relevant programme service licensee; and

(ii)

to relay to the programme service functional data signals from outlet points of the system referred to in paragraph (a);

(bc) by connecting the system with subscription satellite television services pursuant to an agreement between the licensee and the relevant Satellite Television Uplink and Downlink Licensee

(i)

to receive

(A)

television programmes and ancillary telecommunications services; and

(B)

functional data signals,
transmitted by the relevant Satellite Television Uplink and Downlink Licensee; and

(ii)

to relay to the subscription satellite television services via a telecommunications system or a telecommunications service functional data signals from outlet points of the system referred to in paragraph (a);

(bd) by connecting the system with a telecommunications system or a telecommunications service pursuant to an agreement between the licensee and the licensee, or the exempted person, of the relevant telecommunications system or telecommunications service

(i) to receive telecommunications messages transmitted by the licensee, or the exempted person, of the relevant telecommunications system or telecommunications service; and

(ii) to relay telecommunications messages to the telecommunications system or telecommunications service from outlet points of the system referred to in paragraph (a);

(be) to receive commercial television programmes by connecting the system with a communal aerial broadcast distribution system pursuant to an agreement between the licensee and the relevant communal aerial broadcast distribution system owner; and

(c) to distribute to outlet points of the system referred to in paragraph (a) the programmes, services and signals received in accordance with paragraphs (b), (ba), (baa), (bb), (bc), (bd) and (be).

In this Licence-"ancillary telecommunications services" (附屬電訊服務 ) means

(a) the teletext or other subcarrier information; and

(b) the sound programmes, transmitted in accordance with a subscription television broadcasting licence, a programme service licence or a Satellite Television Uplink and Downlink Licence, as the case may be;

"commercial television broadcasting licensee" (商營電視廣播持牌人) has the same meaning as in section 2 of the Television Ordinance (Cap 52); "commercial television programmes" (商營電視節目) is to be construed according to the meaning of commercial television broadcasting in the Television Ordinance (Cap 52); "communal aerial broadcast distribution system" (公共天線系統) means a coaxial cable system distributing signals transmitted by commercial television broadcasting licensees; "communication" (通訊) includes any communication-

(a) whether between persons and persons, things and things or persons and things; and

(b) whether in the form of speech, music or other sounds; or text, or visual images whether or not animated; or signals in any form or combination of forms; "exempted person" (獲豁免人士) means, in relation to a telecommunications system or a telecommunications service, a person exempted from licensing under the Ordinance;

"functional data signals" (功能數據訊號) means data signals which are necessary for the reception, interruption or cessation of television programmes and ancillary telecommunications services or other functions incidental to the provision of such programmes and services;

"Ordinance" (《條例》) means the Telecommunications Ordinance (Cap 106);

"programme service" (節目服務) means a programme service within the meaning of the Television Ordinance (Cap 52);

"programme service licence" (節目服務牌照) and "programme service licensee" (節目服務持牌人) have the same meaning as in section 2 of the Television Ordinance (Cap 52);

"programme service programmes" (節目服務節目) is to be construed according to the meaning of programme service in the Television Ordinance (Cap 52);

"Satellite Television Uplink and Downlink Licence" (衞星電視上行及下行牌照) means a licence granted under sections 7 and 34 of the Ordinance that has the title "Satellite Television Uplink and Downlink Licence";

"Satellite Television Uplink and Downlink Licensee" (衞星電視上行及下行持牌人) means the holder of a

Satellite Television Uplink and Downlink Licence; "subscription satellite television programmes" (收費衞星電視節目) is to be construed according to the meaning of subscription satellite television services; "subscription satellite television services" (收費衞星電視服務) means the subscription services expressly permitted to be provided in Hong Kong under a Satellite Television Uplink and Downlink Licence; "subscription television broadcasting licence" (收費電視廣播牌照) has the same meaning as in section 2 of the Television Ordinance (Cap 52); "subscription television broadcasting licensee" (收費電視廣播持牌人) and "subscription television network" (收費

電視網絡) have the same meaning as in section 2 of the Television Ordinance (Cap 52);

"subscription television programmes" (收費電視節目) is to be construed according to the meaning of subscription television broadcasting in the Television Ordinance (Cap 52);

"telecommunications service" (電訊服務) means a telecommunications service licensed under the Ordinance, expressed as being licensed in exercise of the powers conferred by sections 7 and 34 of the Ordinance, exempted from licensing under the Ordinance or deemed to be licensed under the Ordinance;

"telecommunications system" (電訊系統 ) means a telecommunications system licensed under the Ordinance, expressed as being licensed in exercise of the powers conferred by sections 7 and 34 of the Ordinance, exempted from licensing under the Ordinance or deemed to be licensed under the Ordinance;

"telecommunications messages" (電訊訊息) means any communication sent or received by telecommunications but does not include-

(a) television programmes, teletext or other subcarrier information, or sound programmes; or

(b) other data signals incidental to the provision of such television programmes, teletext or other subcarrier information, or sound programmes,

transmitted pursuant to a satellite broadcasting service or a terrestrial broadcasting service; "television programme" (電視節目) has the same meaning as in section 2 of the Television Ordinance (Cap 52).

GENERAL CONDITIONS

1. 1. The system shall be operated only by the licensee and persons authorized by him in that behalf.
1. 2. The licensee shall-
1. (a) furnish to the Telecommunications Authority (hereinafter called "the Authority") his address for correspondence;
2. (b) forthwith give notice in writing to the Authority of any change of such address; and
3. (c) when giving the notice referred to in paragraph (b), return this licence to the Authority for amendment.
1. 3. (1) The licensee shall-
1. (a) operate the system in such a manner as not to cause interference with any other means of telecommunications;
2. (b) comply with any direction given by the Authority for the purpose of avoiding any such interference; and
3. (c) on receipt of a notice in writing from the Authority, disconnect or remove any part of the system which, in the opinion of the Authority, is interfering, or is likely to interfere, with the working of any other means of telecommunications.

(2) The licensee shall not use any instrument, apparatus or material on, or connect or apply any electrical currents to, any part of the system if the same interferes, or is likely to interfere, with the working of any other means of telecommunications.

4. (1) The licensee shall at all reasonable times, when directed by the Authority, make the system available for inspection and testing by the Authority and any person authorized by the Authority in writing for that purpose.

(2) The licensee shall permit the Authority or any person authorized by the Authority in writing to enter its premises for inspection of records, documents and accounts relating to the licensee's business, at all reasonable times, in order for the Authority to perform his functions under this licence and the Ordinance. The licensee shall also provide copies of such records, documents and accounts to the Authority on demand.

(3) The Authority may make such use of any information obtained under this General Condition as he considers necessary for the administration of this licence and the Ordinance.

5. (1) If any message which the licensee is not authorized to distribute in accordance with General Condition 11 is unintentionally received by means of the system, neither the licensee nor any person operating the system shall disclose the contents of any such message, its origin or destination, its existence or the fact of its receipt to any person except a public officer authorized by the Authority or a competent court or tribunal, and shall not retain any copy, or make any use, of any such message, or allow it to be reproduced, copied or made use of.

(2) The licensee shall take all practicable steps to prevent such a message from being received by any person.

1. The licensee shall not originate any material or message which is distributed to users of the system.
2. Nothing herein contained authorizes the licensee to do any act which is an infringement of any copyright which may exist in any programme or other communication received by the system.
3. This licence is not transferable and shall be returned to the Authority if it is revoked or when it has expired.
4. (1) No wire may be laid or maintained across any street or unleased Government land without the written authorization of the Authority.

(2) The licensee shall comply with any conditions imposed, or directions given, by the Authority on the giving of his authorization for the purposes of paragraph (1).

10. (1) The licensee shall not charge or receive the benefit of, directly or indirectly, any fee for the right to receive programmes or other communication distributed by means of the system. (1A) The licensee shall not, except for subscription television programmes, programme service programmes, subscription satellite television programmes, their ancillary telecommunications services and telecommunications messages, facilitate the charging of a fee for the right to receive programmes or other communication received by means of the system.

(2)

The licensee shall, except in so far as the Authority may otherwise in writing permit, publish in the manner specified in paragraph (3) a notice specifying, or specifying the method that is to be adopted for determining, the charges and other terms and conditions on which he offers his services.

(3)

Publication of the notice referred to in paragraph (2) shall be effected by-

(a)

sending a copy to the Authority not later than 7 days prior to the charges becoming effective;

(b)

sending a copy to each user of the system 7 days prior to the charges becoming effective;

(c)

sending a copy to each new user of the system on connection to the system; and

(d)

sending a copy to any other person who may request such a copy.

(4)

The licensee shall not levy charges exceeding or in addition to the charges specified in the notice referred to in paragraph (2).

(5)

The licensee shall ensure a copy of an agreement

(a)

between the licensee and a subscription television broadcasting licensee for the connection of the system with a subscription television network;

(b)

between the licensee and a programme service licensee for the connection of the system with a programme service;

(c)

between the licensee and a Satellite Television Uplink and Downlink Licensee for the connection of the system with subscription satellite television services;

(d)

between the licensee and the licensee, or the exempted person, of a telecommunications system or telecommunications service for the connection of the system with a telecommunications system or a telecommunications service; or

(e)

between the licensee and a communal aerial broadcast distribution system owner for the connection of

the system with a communal aerial broadcast distribution system,
is filed with the Authority within 14 days of the agreement being made.

(6) The obligation under paragraph (5) may be waived by the Authority in relation to a particular agreement or agreements of a certain kind.

11. (1) Subject to paragraph (3), the licensee shall distribute only signals intended for general reception. For the purpose of this condition a signal is intended for general reception if-

(a)

the programme (or other communication) carried by the signal is not encrypted or where the programme (or other communication) carried by the signal is encrypted, the signal originator has declared publicly and notified the Authority and the Authority is satisfied that (i) the programme (or other communication) is intended for general reception and (ii) he will not charge any fee for the right to view or listen to the programme (or other communication) in Hong Kong; and

(b)

neither the licensee nor the users of the system are required to pay a fee to the signal originator or his authorized agent.

(2) For the purpose of paragraph (1)(a), it will be regarded as a public declaration if the signal originator declares publicly by publication in

(a) 1 Chinese language newspaper circulating in Hong Kong; and

(b) 1 English language newspaper circulating in Hong Kong.

(3) The licensee may distribute signals carrying subscription television programmes, programme service programmes, subscription satellite television programmes, their ancillary telecommunications services and telecommunications messages.

12. (1) Subject to paragraph (2), the licensee shall not distribute programmes or other communication carried by signals in an encrypted form to outlet points.

(2) For the purposes of paragraph (1), "programmes or other communication" (節目或其他通訊) does not include subscription television programmes, programme service programmes, subscription satellite television programmes, their ancillary telecommunications services and telecommunications messages.

12A. Without the Authority's consent in writing, the licensee shall not transmit any telecommunications messages received from satellites to any location outside the premises of users of the system.

1. 13. The transmission plan employed in the system shall be approved by the Authority. The licensee shall distribute programmes, services, telecommunications messages and signals permitted under this licence in accordance with such approved plan and such approved plan may be modified by the Authority from time to time. The Performance Specification for Communal Aerial Distribution System (HKTA 1104) shall be observed unless otherwise directed by the Authority.
1. 14. (1) The licensee shall submit written confirmation to the Authority that-
1. (a) any aerial and supporting framework used in the system is capable of sustaining and transmitting to the supporting structure wind loads specified in the Hong Kong Code of Practice on Wind Effects, and that the stability of the supporting building is not affected by any aerial and supporting framework used in the system;
2. (b) any aerial and supporting framework used in the system is not erected in, over or upon any portion of any street whether or not on land held under lease from the Government, and no part of it is fixed to, or overhangs, the side wall of a building; and
3. (c) any aerial and supporting framework used in the system is not erected at a level which contravenes height limit provisions of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap 301).

(2) The licensee shall ensure that the state of matters referred to in paragraph (1) shall be maintained throughout the duration of the licence.

(3) The confirmation referred to in paragraph (1) shall be made by a structural engineer registered under section 3 of the Buildings Ordinance (Cap 123).

1. 15. The licensee shall at all times perform and observe the requirements of the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to or made under the Constitution and Convention as are applicable to Hong Kong except to the extent that the Authority may in writing expressly exempt the licensee from such compliance.
2. 16. The Authority may at his discretion make the terms and conditions of this licence (including any specific conditions, transmission plan and Schedules to this licence) publicly available in any manner he thinks fit.

SPECIAL CONDITIONS

SCHEDULE

Location of radio communication receiving station Area of distribution Number of outlet points within each area of distribution

...................................................... For the Telecommunications Authority.

NOTE: Any reference in this form to a service, licence or licensee under the Television Ordinance (Cap 52) shall, with all necessary modifications, be construed to be a reference to a service, licence or licensee under the Broadcasting Ordinance (Cap 562), and the provisions of this licence shall apply accordingly.

(L.N. 182 of 1991; L.N. 362 of 1993; 29 of 1998 s. 105; L.N. 180 of 1999; 36 of 2000 s. 28; 48 of 2000 s. 44)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

FIXED TELECOMMUNICATIONS NETWORK SERVICES LICENCE

DATE OF ISSUE: .....................................................................................................................................

of ......................................................................................................................................... (the "licensee") is licensed, subject to the following conditions set out in this licence-

(a)

to provide a public fixed telecommunications network service (the "Service"), the scope of which is described in Schedule 1;

(b)

to establish and maintain a telecommunications network (the "Network") described in Schedule 2 to provide the Service;

(c)

to possess and use the telecommunications installations for radiocommunications described in Schedule 3 to provide the Service; and

(d)

to deal in, import and demonstrate, with a view to sale in the course of trade or business, such apparatus or material for radiocommunications as may be necessary to supply customers of the Service.

GENERAL CONDITIONS

1. This licence shall not be construed as granting an exclusive right to the licensee to provide the Service.
2. This licence replaces any licence or any exemption from licensing, however described, which the Authority may have granted to the licensee for providing the Service.
1. The grant of this licence does not authorize the licensee to do anything which infringes any exclusive right to provide telecommunications circuits or services granted under any Ordinance. In particular, this licence does not confer any right on the licensee to provide public telephonic communications prior to 30 June 1995.
2. Transfer
3. (1) The licensee may only with the prior written consent of the Authority and subject to such reasonable conditions as the Authority thinks fit transfer this licence or any permission, right or benefit under this licence. In giving his consent the Authority will have regard to such matters as he thinks fit including but not limited to the effect which the transfer will have on market structure and the financial and technical competence and viability of the transferee.

(2) Where a licensee is in a dominant position in a market for the provision of a public basic telephonic service over fixed telecommunications networks within the meaning described in General Condition 16(2), it may not without the prior written consent of the Authority, which can be withheld for the purposes of General Condition 10(1), assign, transfer or otherwise dispose of more than 15% of the licensee's assets constituting the Network, other than where the transfer or disposal of those assets is in the ordinary course of the licensee's maintenance, replacement or upgrading of the Network.

Compliance

1. If the licensee employs any person under contract for the purpose of the Service, or for the installation, operation or maintenance of the Network (a "Contractor"), the licensee shall continue to be responsible for compliance with the conditions of this licence, and the performance thereof, by any Contractor.
2. International conventions
1. (1) The licensee shall at all times perform and observe the requirements of the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to it, and without limiting the generality of the foregoing, the recommendations made by the Radiocommunications Sector and Standardisation Sector established under the Convention, as are stated to be applicable to Hong Kong, and any other international convention, agreement, protocol, understanding or the like to the extent that the instruments described in this paragraph impose obligations on Hong Kong of which the Authority gives notice to the licensee, except to the extent that the Authority may in writing exempt the licensee from such compliance.

(2) Where the Government has been consulted about or is involved in the preparation or negotiation of an international convention, agreement, protocol or understanding or the like or amendments thereto which are on the subject-matter of telecommunications or which relate to another subject-matter but which the Government anticipates could have a material impact on the provision of services under this licence, the Government will, where practicable, provide the licensee with a reasonable opportunity to make a submission stating its views on the matter.

Compliance generally

1. The licensee shall comply with the Ordinance, Regulations made under the Ordinance, licence conditions or any other instruments which may be issued by the Authority under the Ordinance.
2. Control of interference and obstruction
1. (1) The licensee shall take reasonable measures to install, maintain and operate the Service and the Network in such a manner as not to cause any harmful radio interference or physical obstruction to any lawful telecommunications service, or cause any physical obstruction to the installation, maintenance, operation, adjustment, repair, alteration, removal or replacement of the facilities of any lawful telecommunications or utility service provider.

(2)

The licensee shall take reasonable measures to ensure that the customers of the Service do not cause harmful radio interference to lawful telecommunications services or utility services through use of the Service.

(3)

The Authority may give such reasonable directions as he thinks fit to avoid harmful radio interference or physical obstruction referred to in paragraph (1). The licensee shall comply with the directions.

Inspection and testing of installations

9. (1) On receiving reasonable prior written notice from the Authority, the licensee shall allow the Authority and any person authorized in writing by the Authority for the Authority's own purposes to enter and inspect the offices, places and premises in Hong Kong where the licensee has installed the Network or any equipment associated with the Network, or the provision of the Service, to verify that the licensee is in compliance with the licence conditions.

(2)

The licensee shall provide and maintain, up to the reasonable technical standards set by the Authority, facilities to enable the Authority to inspect, test, read or measure, as the case may be, any telecommunications installations, equipment (including, but not limited to testing instruments) or premises used or to be used for the provision of the Service, and may at its option, and shall on the written request of the Authority, and subject to the provision by the Authority of reasonable prior written notice, provide a representative to be present at any such inspection, testing, reading or measurement.

(3)

On giving reasonable prior written notice, the Authority may direct the licensee to demonstrate that the Service complies with the technical requirements imposed by the Ordinance and Regulations or any other instruments which may be issued by the Authority under the Ordinance and the licensee shall comply with such directions.

(4)

For the purpose of paragraph (2) or (3), the licensee shall provide adequate testing instruments and operating staff.

Provision of Service

10. (1) The licensee shall, subject to Schedule 1 and any Special Conditions of this licence relating to the provision of the Service, at all times during the validity period of this licence operate, maintain and provide a good, efficient and continuous service in a manner satisfactory to the Authority. The Authority may, on application in writing by the licensee, exempt a part or parts of the Service from the requirement of continuous provision.

(2)

The licensee shall, subject to Schedule 1 and any Special Conditions of this licence relating to the provision of the Service, provide the Service on its published terms and conditions and at the tariff published in accordance with General Condition 20 (as applicable) on request of a customer whether or not the customer intends the Service to be available for its own use or intends to utilize the Service to provide a lawful telecommunications service to third parties.

(3)

Subject to Schedule 1 and any Special Conditions relating to the provision of the Service, the licensee shall comply with a customer request for the Service as tariffed by the licensee in accordance with General Condition 20 where the Service reasonably could be provided by the licensee to the customer at the location at which the Service is requested utilizing the licensee's Network in place at the time of the request.

Customer charter

1. The licensee shall prepare a customer charter which sets out the minimum standards of service to the licensee's customers and gives guidance to the employees of the licensee in their relations and dealings with customers.
2. Confidentiality of customer information
1. (1) The licensee shall not disclose information of a customer except with the consent of the customer, which form of consent shall be approved by the Authority, except for the prevention or detection of crime or the apprehension or prosecution of offenders or except as may be authorized by or under any law.

(2) The licensee shall not use information provided by its customers or obtained in the course of provision of service to its customers other than for and in relation to the provision by the licensee of the Service.

Requirements for interconnection

13. (1) The licensee shall interconnect the Service and the Network with the external public telecommunications network and services operated by Hong Kong Telecom International Limited under its licence granted under the Ordinance and other fixed telecommunications networks and services licensed under the Ordinance and, where directed by the Authority, other telecommunications networks and services licensed, or deemed to be licensed, or exempt from licensing under the Ordinance.

(2)

The licensee shall also interconnect the Service and the Network with the fixed telecommunications network and services provided by the Hong Kong Telephone Company Limited under the Telephone Ordinance (Cap 269) prior to 30 June 1995 or licensed under the Telecommunications Ordinance (Cap 106), as the case may be.

(3)

The licensee shall use all reasonable endeavours to ensure that interconnection is done promptly, efficiently and at charges which are based on reasonable relevant costs incurred so as to fairly compensate the licensee for those costs.

(4)

The licensee shall provide facilities and services reasonably necessary for the prompt and efficient interconnection of the Service and the Network with the telecommunications networks or services of the other entities referred to in paragraphs (1) and (2). Such facilities and services include-

(a)

carriage services for codes, messages or signals across and between the interconnected networks;

(b)

those necessary to establish, operate and maintain points of interconnection between the licensee's Network and the networks of the other entities, including the provision of transmission capacity to connect between the licensee's Network and networks of the other entities;

(c)

billing information reasonably required to enable the other entities to bill their customers;

(d)

facilities specified by the Authority pursuant to General Condition 31; and

(e)

ancillary facilities and services required to support the above types of interconnection facilities and services.

Numbering plan

14. (1) The licensee shall conform to a numbering plan made or approved by the Authority and any directions given by the Authority in respect of the numbering plan.

(2)

The licensee shall at the request of the Authority or otherwise consult the Authority about the arrangements for the allocation and reallocation of numbers and codes within the numbering plan.

(3)

Where requested by the Authority, the licensee shall prepare and furnish to the Authority proposals for developing, adding to or replacing the numbering plan relating to the Service.

(4)

The licensee shall, in such manner as the Authority may direct, facilitate the portability of numbers assigned to any customer of any fixed telecommunications network service licensee, or the Hong Kong Telephone Company Limited, so that any number so assigned may be used by that customer should it cease to be a customer of any such entity and become a customer of any other fixed telecommunications network service licensee or the Hong Kong Telephone Company Limited, as the case may be.

(5)

Directions by the Authority under paragraph (4) include reasonable directions concerning the equitable sharing of all relevant costs associated with providing portability of numbers as between the licensee, any other fixed telecommunications network services licensee, the Hong Kong Telephone Company Limited, and any other person.

Anti-competitive conduct

15. (1) (a) A licensee shall not engage in any conduct which, in the opinion of the Authority, has the purpose or effect of preventing or substantially restricting competition in the operation of the Service or in any market for the provision or acquisition of a telecommunications installation, service or apparatus.

(b) Conduct which the Authority may consider has the relevant purpose or effect referred to in subparagraph (a) includes, but is not limited to

(i)

collusive agreements to fix the price for any apparatus or service;

(ii)

boycotting the supply of goods or services to competitors;

(iii) entering into exclusive arrangements which prevent competitors from having access to supplies or outlets;

(iv) agreements between licensees to share the available market between them along agreed geographic or customer lines.

(2) In particular, but without limiting the generality of the conduct referred to in paragraph (1), a licensee shall not

(a)

enter into any agreement, arrangement or understanding, whether legally enforceable or not, which has or is likely to have the purpose or effect of preventing or substantially restricting competition in any market for the provision or acquisition of any telecommunications installations, services or apparatus;

(b)

without the authorization of the Authority, make it a condition of the provision or connection of telecommunications installations, services or apparatus that the person acquiring such telecommunications installations, services or apparatus also acquire or not acquire any other service or apparatus either from itself or of any kind from another person; or

(c)

give an undue preference to, or receive an unfair advantage from, a business carried on by it or an associated or affiliated company, service or person if, in the opinion of the Authority, competitors could be placed at a significant competitive disadvantage or competition would be prevented or substantially restricted within the meaning of paragraph (1).

Abuse of position

16. (1) Where the licensee is, in the opinion of the Authority, in a dominant position with respect to a market for the relevant telecommunications services, it shall not abuse its position.

(2)

A licensee is in a dominant position when, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers. In considering whether a licensee is dominant, the Authority will take into account the market share of the licensee, its power to make pricing and other decisions, the height of barriers to entry, the degree of product differentiation and sales promotion and such other relevant matters which are or may be contained in guidelines to be issued by the Authority.

(3)

(a) A licensee which is in a dominant position within the meaning in paragraph (1) shall be taken to have abused its position if, in the opinion of the Authority, it has engaged in conduct which has the purpose of preventing or substantially restricting competition in a market for the provision or acquisition of telecommunications installations, services or apparatus.

(b) Conduct which the Authority may consider to fall within the conduct referred to in subparagraph (a) includes, but is not limited to

(i)

predatory pricing;

(ii)

price discrimination;

(iii) the imposition of contractual terms which are harsh or unrelated to the subject of the contract;

(iv)

tying arrangements;

(v)

discrimination in supply of services to competitors.

Accounting practices

1. Where directed by the Authority in writing, the licensee shall implement such accounting practices as specified by the Authority. Such accounting practices are to be consistent with generally accepted accounting practices, where applicable, and may include (but are not limited to) accounting practices which allow for the identification of the costs and charges for different services or types or kinds of services.
2. Requirement to furnish information to the Authority
1. (1) The licensee shall furnish to the Authority, in such manner and at such times as the Authority may request in writing, such information related to the business run by the licensee under this licence, including financial information, accounts and other records as the Authority may reasonably require in order to perform his functions under the Ordinance and this licence including but not limited to his functions under General Conditions 15, 16 and 20(4).

(2)

Subject to paragraph (3), the Authority may use and disclose information to such person as the Authority thinks fit.

(3)

Where the Authority proposes to disclose information obtained and the Authority considers that the disclosure would result in the release of information concerning the business or commercial or financial affairs of a licensee which disclosure would or could reasonably be expected to adversely affect the licensee's lawful business or commercial or financial affairs, the Authority will give the licensee a reasonable opportunity to make representations on the proposed disclosure before the Authority makes a final decision whether to disclose the information.

Inspection of records, documents and accounts

1. The licensee shall permit the Authority or any person authorized by him in writing for the Authority's own purpose to inspect and if required to make copies of records, documents and accounts relating to the licensee's business for the purpose of enabling the Authority to perform his functions under the Ordinance and this licence.
2. (1) The licensee shall publish and charge no more than the tariffs for the Service operated under this licence. The tariffs shall include the relevant terms and conditions for the provision of the Service.

Tariffs

(2)

Publication shall be effected by-

(a) submission for publication in the Hong Kong Government Gazette and by sending a copy to the Authority on or before the date on which the licensed service is to be introduced;

(b) placing a copy in a publicly accessible part of the principal business place and other business premises of the licensee as advised by the Authority; and

(c) sending a copy to any person who may request it. The licensee shall not levy a charge greater than that is necessary to cover reasonable costs involved.

(3) Where the licensee provides customer equipment integral to the provision of a telecommunications service to its customers, the tariff shall clearly state the price of the customer equipment separately from the charges for the telecommunications service.

(4) The licensee shall not offer any discount to its published tariffs for a particular telecommunications service provided under this licence or customer equipment subject to paragraph (3) (other than a discount calculated in accordance with a formula or methodology approved by the Authority and published together with its tariffs) if, in the opinion of the Authority, the licensee is in a dominant position in any market for or which includes that telecommunications service.

(5) The licensee shall not, without the approval of the Authority, bundle a number of services into a single tariff without also offering each of the constituent services under separate tariffs.

(6) In this General Condition, "a dominant position" (優勢) has the meaning described by General Condition 16(2).

Tariffs revisions

21. (1) The licensee may propose any revision to the tariffs that it has published by submitting details of the proposed revision to the Authority in writing in a form approved by the Authority.

(2) Subject to paragraph (5), the licensee may only proceed to publish the revised tariffs after the Authority has given his approval in writing.

(3) The Authority will not approve the revision where-

(a) he considers that the proposed revision is in contravention of General Condition 15, 16 or 20(4) or any applicable price control arrangements;

(b) he has notified the licensee within 30 days of the date of receipt of the licensee's proposed revision that he does not intend to give his approval.

(4) The Authority will endeavour to consider proposed revisions within 5 business days after the date of receipt of the proposed revision by the Authority and will give written notice by that date whether the Authority requires more time to complete his review of the proposed revision.

(5) Where the Authority has not notified the licensee within 30 days after receiving the licensee's proposed revision, the tariff revision will be deemed to be approved.

Tariffs for new services

22. (1) If the licensee proposes to introduce any new service and charge which is not contained in its published tariffs and conditions of service, it shall notify the Authority of such a proposal. The notification shall be in a written form approved by the Authority. The Authority shall give his approval of the proposed service and charge unless he considers that such service and charge would lead to a contravention of General Condition 15, 16 or 20(4) or any applicable price control arrangements.

(2) The Authority will endeavour to consider a proposal referred to in paragraph (1) within 15 business days of the date of receipt and will give written notice by that date whether the Authority requires more time to complete his review of the proposed service and charge.

(3) Where the Authority has not notified the licensee within 45 days after receiving the licensee's notice that he does not propose to give his approval, the new service and charge will be deemed to be approved.

Trials

23. (1) The Authority may, at the written request of the licensee, approve the introduction on a trial basis of-

(a) any service for which there is no published tariff and in such case the licensee may charge its customers for the provision of such service such amount as it considers reasonable; and

(b) any new charging options or billing schemes for existing services.

The Authority shall determine any request for approval within 30 days after the date of receipt of the request.

(2) Any trial service for which the licensee seeks approval pursuant to paragraph (1) shall be-

(a) for the purpose of establishing the technical or commercial feasibility of the trial service;

(b) of a limited duration, not exceeding 6 months; and

(c) offered during the trial period only in a defined geographic area of Hong Kong or to a defined class of customers reasonably suitable for the purposes of conducting a trial of the service.

(3) The Authority may request additional information from the licensee reasonably required by the Authority for the purposes of considering a request from the licensee to approve a trial service.

(4) The Authority may reject a request from the licensee to conduct a trial service where the Authority reasonably concludes that were the tariffs of the requested trial service proposed under General Condition 20, 21 or 22 they would be disallowed under those General Conditions.

Metering accuracy

24. (1) The licensee shall take all reasonable steps to ensure that any metering equipment used in connection with the Service is accurate and reliable.

(2) Upon the written request of the Authority, the licensee shall conduct tests on metering equipment to assess its accuracy, reliability and conformity to the technical standards, if any, specified by the Authority. The licensee shall submit the test result to the Authority within 14 days after the date of the test or such other longer period as the Authority may determine.

(3) The licensee shall keep such records of any metering equipment in such form as may be specified by the Authority and shall supply such records to the Authority on the written request of the Authority.

Directory information and directory information service

25. (1) For the purposes of this General Condition

(a) "directory information" (電話號碼索引資料) means information obtained by the licensee in

the course of the provision of services under this licence concerning or relating to the name, address, business and telephone numbers of each of its customers;

(b) "raw directory information" (原始電話號碼索引資料) means the licensee's directory information held in a basic format relating to all of its customers other than its customers who request that directory information about them not be disclosed.

(2) This General Condition applies only in respect of standard printed directories and other directory databases and services which include all of the names of a licensee's customers listed in alphabetical order and does not apply to classified directories where customers are listed by business or trade category or to other business or specialised directories.

(3) The licensee shall-

(a) unless otherwise agreed by the Authority, publish or arrange at least biennially for the publication of directory information in a printed or other form approved by the Authority, relating to all its customers, other than its customers who request not to be included in a directory to be published ("the printed directory"); and

(b) establish, maintain and operate, or arrange for the establishment, maintenance or operation of a telecommunications service whereby customers may, upon request, be provided with directory information other than that of its customers who request the information not to be disclosed ("the telephonic directory service").

(4) The printed directory and the telephonic directory service provided under paragraph (3) shall be made available free of charge to all of the licensee's customers and shall be provided in a manner satisfactory to the Authority.

(5) The licensee is permitted to make commercial arrangements with one or more of the other fixed telecommunications network service licensees and the Hong Kong Telephone Company Limited to cooperate in the provision jointly by them of either or both of the printed directory and the telephonic directory service which the licensee is required to provide under paragraph (3).

(6)

The licensee's printed directory shall be a unified printed directory and the licensee's telephonic directory service shall be a unified telephonic directory service and shall utilise a unified directory database, containing directory information on all customers of all fixed telecommunications network service licensees and the Hong Kong Telephone Company Limited, except for those customers who request that directory information about them not be disclosed. The licensee shall provide, and regularly update, raw directory information about its customers to each other fixed telecommunications network service licensee and the Hong Kong Telephone Company Limited, for which the licensee will be able to impose a charge to fairly compensate it for providing the raw directory information. The licensee shall endeavour to agree with each of the other licensees and the Hong Kong Telephone Company Limited on a reasonable mode of exchange and transmission format for the raw directory information.

(7)

Where the licensee is unable to agree with another licensee pursuant to paragraph (6) on what amounts to fair compensation for provision of, or the reasonable mode of exchange and transmission format of, raw directory information, the matter at issue may be referred by either licensee or the Hong Kong Telephone Company Limited to the Authority for determination.

(8)

Except with the prior written approval of the Authority, the licensee shall not make use of raw directory information provided by another licensee or the Hong Kong Telephone Company Limited other than for discharging its obligations under this General Condition.

Emergency call service

1. The licensee shall provide a public emergency call service by means of which any member of the public may, at any time and without incurring any charge, by means of compatible apparatus connected to the Network, communicate as quickly as practicable with the Hong Kong Police Emergency Centre or other entity as directed by the Authority to report an emergency.
2. Records and plans of the Network
1. (1) The licensee shall keep records and plans (including overall network plans and cable route maps) of the telecommunications installations, installations for radiocommunications and telecommunications nodes and exchanges provided under this license and any other details concerning the Network as may be reasonably required by the Authority, including but not limited to information from operational support systems, traffic flow information, and database information relating to the manner in which the Network treats calls of a particular kind ("Network Information").

(2)

As required by the Authority, the licensee shall make the Network Information available, within reasonable time, to the Authority or to a person authorized in writing by the Authority for inspection for the Authority's own purposes.

(3)

The Authority may disclose the Network Information in accordance with General Condition 18(2).

(4)

The licensee shall, at the reasonable request of any other licensee under the Ordinance or the Hong Kong Telephone Company Limited if so authorized by the Authority, give reasonable access to its Network Information for the facilitation of network planning, maintenance and reconfiguration required for the purposes of General Conditions 13 and 31. The licensee shall be permitted to charge the requesting party so as to be fairly compensated for the reasonable relevant costs incurred in the provision of such Network Information.

(5)

Where the licensee and any other licensee or the Hong Kong Telephone Company Limited that has requested access to the Network Information in accordance with paragraph (4) are unable to agree what amounts to reasonable access (including confidentiality requirements and fair compensation for the reasonable relevant costs incurred) or a reasonable request, the matter at issue may be referred by either the licensee, the other licensee, or the Hong Kong Telephone Company Limited to the Authority for determination.

Network location

28. (1) The licensee shall obtain the consent in writing of the Director of Lands before the commencement of any installation works for its Network under, in, over or upon any unleased Government land.

(2)

The licensee shall keep accurate records of the location of the Network installed under, in, over or upon any

land.

(3)

The licensee shall record the information referred to under paragraph (2) on route plans drawn on an Ordinance Survey Map background of a scale to be determined by the licensee in consultation with the Director of Highways and the Director of Lands.

(4)

The licensee shall, at the request of the Director of Highways, the Director of Lands, the Authority or any person who intends to undertake works in the vicinity of the Network and who is authorized to do so by the Director of Highways, the Director of Lands or the Authority, provide free of charge information about the location of the Network in diagrammatic or other form. The licensee shall make trained staff available on site to indicate the location and nature of the Network to the Director of Highways, the Director of Lands, the Authority or any person authorized by the Director of Highways, the Director of Lands or the Authority.

(5)

The licensee shall mark or otherwise identify every wire laid or telecommunications installation installed by the licensee or any Contractor on its behalf throughout the course of the wire, or at the location of the installation, so as to distinguish it from any other wire or telecommunications installation laid or installed in Hong Kong.

(6)

The licensee shall provide, at such intervals as the Authority may determine, distinguishable surface markers of the underground position of the Network.

Changes to the Network

29. (1) For the purposes of this licence, a change in the Network is a material change where the implementation of the change would result in the Network no longer being in compliance with any relevant technical standard which the Authority has power to issue.

(2)

The licensee shall notify the Authority of any proposals for material changes to the Network and provide him with such information as the Authority reasonably requires.

(3)

The licensee shall not, without the prior consent in writing of the Authority, make any material changes which might reasonably be anticipated by the licensee to affect-

(a)

any telecommunications service or installation connected to the Network;

(b)

a person producing or supplying telecommunications apparatus for connection to the Network;

(c)

a licensee under the Ordinance;

(d)

the Hong Kong Telephone Company Limited;

(e)

a licensee under the Broadcasting Ordinance (Cap 562); or

(f) a customer or a consumer of goods and services provided by any person or entity, if the change is in the opinion of the Authority likely to require modifications or replacements to, or cessation in the production or supply of any of the telecommunications apparatus involved, or if the proposed alteration would require substantial Network reconfiguration or rerouting.

(4)

The licensee shall prepare and publish, after consultation with the Authority, its procedures for consulting with and giving notice to persons likely to be affected materially by changes to its Network which are required to be notified in accordance with paragraph (2) and any other changes required to be notified pursuant to any technical standard which the Authority has power to issue. Subject to approval of the Authority, the notification procedures to each of the classes of persons likely to be affected under paragraph

(3) may differ having regard to the practicality and costs of notifying them.

Requirements for road opening

1. The licensee shall co-ordinate and co-operate with any other fixed telecommunications network services licensee under the Ordinance, the Hong Kong Telephone Company Limited and any other authorized person in respect of road openings and shall, after being consulted by the Authority, comply with any guidelines issued by the Authority.
2. (1) Where the Authority reasonably forms the opinion that it is in the public interest that certain types of facilities ought to be provided, used or shared by more than one licensee or the Hong Kong Telephone Company Limited, he may issue directions requiring the licensee to co-ordinate and co-operate with any other licensee, the Hong Kong Telephone Company Limited or any other authorized person in respect of

Provision, use and sharing of certain facilities

such provision, use or sharing of any such facility. The licensee shall comply with such directions. Prior to forming any opinion and issuing any direction under this paragraph, the Authority will provide a reasonable opportunity for the licensee, the Hong Kong Telephone Company Limited and any other interested parties to make representations on the matter to the Authority.

(2) In considering the public interest pursuant to paragraph (1), the Authority will take into account-

(a) whether the facility is a bottleneck;

(b) whether the facility can be reasonably duplicated or substituted;

(c) the existence of technical alternatives for the facility;

(d) whether the facility is critical to the supply of service by the licensees;

(e) whether the facility has available capacity having regard to the current and reasonable future needs of the licensee to which the facility belongs;

(f) whether joint use of the facility encourages the effective and efficient use of telecommunications infrastructure; and

(g) the costs, time penalties and inconvenience to the licensees and the public of the alternatives to the shared provision and use of the facility.

(3) Where a fixed telecommunications network service licensee, the Hong Kong Telephone Company Limited or another person authorized by the Authority reasonably requests to share a facility, the licensee shall endeavour to come to an agreement with the requesting party on the terms and conditions, including but not limited to providing for fair compensation to the licensee for the provision, use or sharing of any such facility. If an agreement cannot be reached within a reasonable time and the Authority requires sharing pursuant to paragraph (1), the terms and conditions shall be determined by the Authority.

(4) For the purposes of this General Condition, "facility" (設施) means-

(a) ducts, pits, tunnels and manholes;

(b) towers, masts, poles and antennae;

(c) land, buildings and ancillary equipment at sites on which radiocommunications facilities have been established;

(d) reasonable space within the licensee's, or the Hong Kong Telephone Company Limited's, exchange buildings or other sites for the purposes of locating equipment of another licensee required to establish interconnection between the licensee's and that other licensee's or the Hong Kong Telephone Company Limited's network at that exchange or site;

(e) other telecommunications or ancillary installations, including the in-building risers, cable trays and cable entry points into buildings, reasonably necessary for the efficient provision and establishment of fixed telecommunications networks.

Requirements of installation of lines or cables

32. (1) The Network, or any part of it, if installed under, in, over or upon any public street or other unleased Government land, shall be at such depth, course, route and position as may be determined by the Director of Lands or the Director of Highways.

(2) Without prejudice and in addition to the provisions of any law or Ordinance, in the course of providing, establishing, operating, adjusting, altering, replacing, removing or maintaining the Network for the purposes of this licence, or any part of it, the licensee shall-

(a) exercise all reasonable care, and cause as little inconvenience as possible to the public and as little damage to property as possible; and

(b) make good any physical damage caused to any person having a lawful interest in the land or being lawfully thereon and reinstate the land within a reasonable time in good and workmanlike manner. When it is not practicable to make good any damage or to reinstate the land to the condition in which it existed prior to the damage, the licensee shall pay, promptly and fully, compensation for any damage caused to any person having an interest or right in the land affected.

Restrictions on attachment to public buildings and trees

1. No part of the Network shall be attached to any Government building except with the prior written consent of the Government Property Administrator or to any Urban Council or Regional Council building except with the prior written consent of the Director of Urban Services or the Director of Regional Services, or to any tree on any Government land except with the prior written consent of the Director of Agriculture, Fisheries and Conservation, the Director of Urban Services or the Director of Regional Services.
2. Works in public streets
1. (1) Where in the course of installing or maintaining the Network the licensee needs to open or break up any public street the licensee shall-
1. apply to the Director of Highways or the Director of Lands for permission to open or break up the public street;
2. complete the works for which the licensee has opened or broken up the public street with all due speed and diligence, fill in the ground and remove all construction related refuse caused by its works;
3. maintain the site of the works in a safe manner including the fencing of the site and the installation of adequate warning lighting at night;
4. reinstate the street immediately after the completion of the works to the satisfaction of the Director of Highways or the Director of Lands.

(2) If the licensee fails, within any period specified by the Director of Highways or the Director of Lands, to observe any of the requirements of paragraph (1), the Director of Highways or the Director of Lands may take action to remedy the failure. The licensee shall reimburse the Government any such sum as may be certified by the Director of Highways or the Director of Lands to be reasonable cost for executing any works under the terms of this paragraph.

Interference with works of others

35. (1) Where in the course of installing or maintaining the Network, the licensee after obtaining the approval of the Director of Highways breaks up or opens any public street it shall not remove, displace or interfere with any telecommunications line, any gas pipe or water pipe or main or any drain or sewer or any tube, casing, duct, wire or cable for the carriage of electrical current and ancillary installations installed by any other person without that other person's consent.

(2) In the case where the other person holds a licence under the Land (Miscellaneous Provisions) Ordinance (Cap 28), any consent referred to in paragraph (1) is refused, or cannot be obtained for any reason, the licensee may request the consent to proceed from the relevant authority in accordance with the terms of any licence issued to such other person under the Land (Miscellaneous Provisions) Ordinance (Cap 28), if any.

Prohibition of claims against Government

1. The licensee shall have no claim against the Government in tort or in contract in respect of any disturbance or interruption to any part of the Network due to works carried out by or on behalf of the Government which result in disturbance to the Network.
2. Licensee to alter Network on notice
1. (1) The licensee shall, within such reasonable time and in such manner as may be directed by notice in writing by the Director of Highways or the Director of Lands, and at its own expense, alter the course, depth position or mode of attachment of any apparatus forming part of the Network.

(2) Where the Director of Highways or the Director of Lands gives a direction under paragraph (1), General Condition 34 shall apply as if such alteration were part of the installation or maintenance of the Network.

Requirements of telecommunications installations for radiocommunications

38. (1) Each telecommunications installation for radiocommunications operated by or on behalf of the licensee

shall be used only at the location and with emissions and at the frequencies and of the classes and characteristics specified in Schedule 3 and with such power and aerial characteristics as are specified in that Schedule in relation to the class and characteristics of the emission in use.

(2)

The apparatus comprised in each telecommunications installation for radiocommunications shall at all times comply with such technical standards as may be issued by the Authority.

(3)

The apparatus comprised in a telecommunications installation for radiocommunications shall be of a type approved by the Authority and shall be so designed, constructed, maintained and operated that its use shall not cause any interference to any radiocommunications.

(4)

A telecommunications installation for radiocommunications shall be operated only by the licensee or a person authorized by the licensee. The licensee shall not allow an unauthorized person to have access to the apparatus comprised in a telecommunications installation for radiocommunications. The licensee shall ensure that persons operating each telecommunications installation for radiocommunications shall at all times observe the conditions of this licence.

(5)

The licensee shall not make a change-

(a) to any telecommunications installation for radiocommunications; or (b) of the location of any installed telecommunications installation for radiocommunications, without the prior approval in writing of the Authority.

(6)

If any telecommunications installation or radiocommunications aerial crosses above or may fall or be blown onto any overhead power wire (including electric lighting and tramway wires) or power apparatus it shall be guarded to the reasonable satisfaction of the owner of the power wire or power apparatus concerned.

Use of frequencies

1. The telecommunications installations for radiocommunications operated by or on behalf of the licensee shall only be operated on such radio frequencies as the Authority may assign. The Authority may by notice require the licensee to cease operating the telecommunications installations for radiocommunications on any frequency assigned to the licensee if in the opinion of the Authority, the licensee is not making efficient use of that portion of the radio frequency spectrum.
2. Safety
1. (1) The licensee shall take proper and adequate safety measures for the safeguarding of life and property in connection with all installations, equipment and apparatus operated or used, including safeguarding against exposure to any electrical or radiation hazard emanating from the installations, equipment or apparatus used under this licence.

(2) The licensee shall comply with the safety requirements laid down in any safety specification issued by the Authority and any directions of the Authority in relation to any safety matter.

Purchase of assets

41. (1) If a licensee is-

(a)

in a dominant position in a market within the meaning described in General Condition 16(2); or

(b)

subject to a Universal Service Obligation specified under the terms of the Special Conditions of its licence and the Ordinance, the Government may elect to take over the licensee's undertaking and purchase its assets if any of the following circumstances occur-

(i)

this licence expires;

(ii)

this licence is revoked;

(iii) the licensee goes into liquidation; or

(iv) the licensee ceases to carry on business:

Provided that if the Government elects to do so it shall give notice in writing not later than 90 days in advance of the expiry of this licence, or immediately upon revocation of this licence or within a reasonable time of the happening of the events at sub-subparagraphs (iii) and (iv).

(2) The selling price shall be agreed between the Government and the licensee on the basis of the fair market value at the time of acquisition determined on the basis that this licence remains in force and that the Network is continuing to be used for the provision of the Service. If no agreement can be reached between the Government and the licensee, the matter shall be settled by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341).

Indemnity

1. The licensee shall indemnify the Government against any losses, claims, charges, expenses, actions, damages or demands which the Government incurs or which may be made against the Government as a result of or in relation to the activities of the licensee or any employee, agent or contractor of the licensee in relation to the provision of the Service or the installation, maintenance and operation of the Network.
2. Contravention beyond the licensee's control
1. (1) The licensee shall not be liable for any breach of this licence where it is able to demonstrate, to the reasonable satisfaction of the Authority, that the breach was caused by circumstances beyond its control and that it has taken all reasonable steps open to it to rectify that breach.

(2)

Where the circumstances referred to in paragraph (1) are such that there is an outage or interruption in the Service affecting a significant number of the licensee's customers for a period of more than 7 days the licensee shall provide the Authority with a full report in writing detailing the reasons for the breach and indicating when, or if, it will be able to continue to provide the Service.

(3)

If the Authority, after considering a report provided under paragraph (2), is of the reasonable belief that the licensee would be able to provide the Service within a reasonable period of time despite the circumstances outlined in that report the Authority may direct that the licensee recommence the Service within such reasonable period as the Authority may in writing direct. The licensee shall comply with such direction.

Applicability of certain conditions

1. Where the Authority forms the opinion that a licensee is not in a dominant position with respect to any market for telecommunications services provided under the licence within the meaning of General Condition 16(2), the Authority may by direction in writing, for such period and on such conditions as the Authority may determine, direct that either one or any combination of General Conditions 17, 20, 21, 22 and 23, either completely or as to particular obligations imposed thereunder, shall not apply to the licensee.
2. Publication of licence
1. The licensee, or the Authority, may at their discretion make the terms and conditions of this licence, including any specific conditions, publicly available in any manner they think fit.

SPECIAL CONDITIONS

[Special conditions may be specified by the Authority on the grant or renewal of this licence.]

SCHEDULE 1

SCOPE OF THE SERVICE

SCHEDULE 2

DESCRIPTION OF NETWORK

SCHEDULE 3

TECHNICAL PARTICULARS OF RADIO STATIONS FOR
THE PROVISION OF THE SERVICE

(L.N. 133 of 1995; 29 of 1998 ss. 24 & 105; L.N. 331 of 1999; 36 of 2000 s. 28; 48 of 2000 s. 44)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

SELF-PROVIDED EXTERNAL TELECOMMUNICATIONS SYSTEM LICENCE

DATE OF ISSUE:

..................................................................................................................................of .............................................. ................................................................................................ (hereinafter called "the Licensee") is hereby licensed, subject to the conditions herein contained, to possess, establish and maintain a telecommunications system (hereinafter called "the System") described in Schedule 1 and Schedule 2 and to use the System for transmitting messages or receiving messages, or both, as set out in the conditions attached to this licence.

CONDITIONS

1. 1. This licence does not authorize the Licensee to use the System for the operation of a public telecommunications service.
2. 2. This licence does not authorize the Licensee to do anything which infringes any exclusive right to provide telecommunications or telephone services granted under any Ordinance.
1. 3. Subject to paragraph 4, the Licensee shall only use the System for carriage of, in the case of
1. (a) outgoing messages from Hong Kong, messages that originate from the Licensee or, where the Licensee is a company, from
1. (i) the Licensee's holding company;
2. (ii) a subsidiary of the Licensee; or
2. (iii) any affiliated company; and
1. (b) incoming messages to Hong Kong, messages that are intended for the Licensee or, where the Licensee is a company, for-
1. (i) the Licensee's holding company;
2. (ii) a subsidiary of the Licensee; or

(iii) any affiliated company,
and, in this licence

(i) "affiliated company" (相關聯公司) means a company that is a subsidiary of the Licensee's holding company;

(ii) "company" (公司) has the same meaning as in the Companies Ordinance (Cap 32);

(iii) "holding company" (控股公司) has the same meaning as in the Companies Ordinance (Cap 32); and

(iv) "subsidiary" (附屬公司) has the same meaning as in the Companies Ordinance (Cap 32).

4. (1) Where the Licensee is an organization, the Licensee may send outgoing messages from Hong Kong and receive incoming messages to Hong Kong that relate to the common business or activity of the organization.

(2) In this licence, "organization" (組織) means a group of persons, businesses or companies engaged in a common business or activity which group was formed for the specific purpose of furthering such common business or activity, and the Authority shall determine the types of messages that relate to the common

business or activity having regard to the objects as stated in the organization's memorandum and articles of association or other relevant documents relating to its establishment.

1. 5. The Licensee shall not connect the System with any public telecommunications network in Hong Kong except for the use of circuits as specified in Schedule 1 for relaying messages between the System and the Licensee's
2. premises, and such connection shall be done in accordance with conditions specified by the Authority.
1. The Licensee shall at all times comply with the requirements of
1. the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to it;
2. the provisions of the ITU-R and ITU-T Recommendations made by the International Telecommunication Union that are applicable to Hong Kong; and
3. any other international convention, agreement, protocol, understanding or similar document of which the Authority gives notice to the Licensee, except to the extent that the Authority may in writing exempt the Licensee from such compliance.
1. If any message, the receipt of which is not authorized by this licence, is received, neither the Licensee nor any person using the System shall make known the contents of such a message, its origin or destination, or the fact of its receipt to any person except a duly authorized officer of the Authority or a competent legal tribunal, and shall not retain a copy or make use of such a message, nor allow any other person to do so.
2. If the Licensee employs any person under contract for the installation, operation or maintenance of the System (a "contractor"), the Licensee shall continue to be responsible for compliance with the conditions of this licence, and the performance thereof, by any contractor.
3. The Licensee shall indemnify the Government against any losses, claims, charges, expenses, actions, damages or demands which the Government incurs or which may be made against the Government as a result of or in relation to the activities of the Licensee or any employee, agent or contractor of the Licensee in relation to the installation, maintenance and operation of the System.
4. The Licensee shall furnish to the Authority, in such manner and at such times as the Authority may request in writing, such information and accounts as he may reasonably require to perform his functions under the Telecommunications Ordinance (Cap 106) and this licence.
5. (1) The Licensee shall permit the Authority and any person authorized by him in writing to enter any of the Licensee's offices or premises where telecommunications equipment is installed to inspect any of the telecommunications equipment or to monitor traffic carried by the equipment for the purpose of verifying whether the Licensee is running the System in accordance with this licence.

(2)

The Licensee shall afford to the Authority all facilities for-

(a) examining or testing its telecommunications equipment and inspecting offices or facilities used or to be used under this licence; and

(b)

monitoring the traffic carried by the licensed equipment and facilities, and the Licensee may be represented by an agent or employee of the Licensee who may be present during but must not interfere with the examining, testing, inspecting or monitoring.

(3)

The Authority may from time to time require the Licensee to demonstrate that the System complies with

(a)

this licence, the Telecommunications Ordinance (Cap 106) and the Telecommunications Regulations (Cap 106 sub. leg.); and

(b)

any technical standards, specifications, codes of practice, directions determinations or orders issued by the Authority from time to time.

1. The Licensee shall permit the Authority or an officer authorized by him in writing to inspect and make copies of records, documents and accounts relating to the Licensee's business for the purpose of confirming that the Licensee is complying with this licence.
1. (1) The Licensee shall submit written confirmation to the Authority that-
1. any aerial and supporting framework used in the System is capable of sustaining and transmitting to the supporting structure wind loads specified in the Hong Kong Code of Practice on Wind Effects, and that the stability of the supporting building is not affected by any aerial and supporting framework used in the System;
1. any aerial and supporting framework used in the System is not erected in, over or upon any portion of
2. any street whether or not on land held under lease from the Government, and no part of it is fixed to, or overhangs, the side wall of a building; and
2. any aerial and supporting framework used in the System is not erected at a level which contravenes height limit provisions of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap 301).

(2)

The Licensee shall ensure that the state of matters referred to in subparagraph (1) shall be maintained throughout the duration of this licence.

(3)

The confirmation referred to in subparagraph (1) shall be made by a structural engineer registered under section 3 of the Buildings Ordinance (Cap 123).

14. (1) The Licensee shall-

(a)

operate the System in such a manner as not to cause harmful interference with any other means of telecommunications; and

(b)

comply with any direction given by the Authority for the purpose of avoiding such harmful interference.

(2) The Licensee shall not use any instrument, apparatus or material on, or connect or apply any electrical current to, any part of the System if it causes or is likely to cause harmful interference with the working of any other means of telecommunications.

15. (1) No wire may be laid or maintained across any street or unleased Government land without the prior written consent of the Authority.

(2) The Licensee shall comply with any conditions imposed, or directions given, by the Authority on the giving of his written consent for the purposes of subparagraph (1).

16. (1) Each telecommunications installation for radiocommunications operated by or on behalf of the Licensee shall be used only at the location and with emissions at the frequencies and of the classes and characteristics (including aerial characteristics), and with such power or power density, as specified in Schedule 2.

(2)

The apparatus comprised in each telecommunications installation for radiocommunications shall at all times comply with such technical and performance standards as may be specified by the Authority.

(3)

The apparatus comprised in a telecommunications installation for radiocommunications shall be of a type approved by the Authority and be so designed, constructed, maintained and operated that its use does not cause any avoidable and harmful interference with any other means of telecommunications.

(4)

The Licensee-

(a)

shall not make any change-

(i)

in any telecommunications installation for radio communication; or

(ii)

in the location of any installed telecommunications installation for radiocommunications, without the prior approval in writing of the Authority; and

(b)

shall return this licence to the Authority for amendment when a change referred to in sub-subparagraph

(a) has been effected.

SCHEDULE 1

The following telecommunications installation for radiocommunications and/or wireline communication is authorized to be established and maintained by the Licensee-

SCHEDULE 2

Technical particulars of the radiocommunications apparatus comprised in the System as follows-

(L.N. 291 of 1995; 29 of 1998 s. 105; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

SELF-PROVIDED EXTERNAL TELECOMMUNICATIONS SYSTEM

(SHORT TERM) LICENCE

DATE OF ISSUE: DATE OF EXPIRY:

................................................................................................................................. of ...................................................................................................................................... (hereinafter called "the Licensee") is hereby licensed, subject to the conditions herein contained-

(a) to possess, establish and maintain a telecommunications system (hereinafter called "the System") described in Schedule 1 and Schedule 2; and to use the System for transmitting messages or receiving messages, or both, as set out in the conditions attached to this licence; and

(b) to possess, establish and maintain the ancillary and associated telecommunications installations (hereinafter called "the Ancillary Installations") described in Schedule 3; and to use the Ancillary Installations in accordance with the conditions attached to this licence and Schedule 3.

CONDITIONS

1. 1. This licence does not authorize the Licensee to use the System or the Ancillary Installations for the operation of a public telecommunications service or a satellite broadcasting service.
2. 2. This licence does not authorize the Licensee to do anything which infringes any exclusive right to provide telecommunications or telephone services granted under any Ordinance.
1. 3. Subject to paragraph 4, the Licensee shall only use the System for carriage of, in the case of-
1. (a) outgoing messages from Hong Kong, messages that originate from the Licensee or, where the Licensee is a company, from
1. (i) the Licensee's holding company;
2. (ii) a subsidiary of the Licensee; or
2. (iii) any affiliated company; and
1. (b) incoming messages to Hong Kong, messages that are intended for the Licensee or, where the Licensee is a company, for-
1. (i) the Licensee's holding company;
2. (ii) a subsidiary of the Licensee; or

(iii) any affiliated company,
and, in this licence-

(i) "affiliated company" (相關聯公司) means a company that is a subsidiary of the Licensee's holding company;

(ii) "company" (公司) has the same meaning as in the Companies Ordinance (Cap 32);

(iii) "holding company" (控股公司) has the same meaning as in the Companies Ordinance (Cap 32); and

(iv) "subsidiary" (附屬公司) has the same meaning as in the Companies Ordinance (Cap 32).

4. (1) Where the Licensee is an organization, the Licensee may send outgoing messages from Hong Kong and receive incoming messages to Hong Kong that relate to the common business or activity of the organization.

(2) In this licence, "organization" (組織) means a group of persons, businesses or companies engaged in a common business or activity which group was formed for the specific purpose of furthering such common business or activity, and the Authority shall determine the types of messages that relate to the common business

or activity having regard to the objects as stated in the organization's memorandum and articles of association or other relevant documents relating to its establishment.

1. 5. The Licensee shall not connect the System or the Ancillary Installations with any public telecommunications network in Hong Kong except for the use of circuits as specified in Schedule 1 for relaying messages between the System and the Licensee's premises, and such connection shall be done in accordance with conditions specified by the Authority.
1. 6. The Licensee shall at all times comply with the requirements of-
1. (a) the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to it;
2. (b) the provisions of the ITU-R and ITU-T Recommendations made by the International Telecommunication Union that are applicable to Hong Kong; and
3. any other international convention, agreement, protocol, understanding or similar document of which the Authority gives notice to the Licensee, except to the extent that the Authority may in writing exempt the Licensee from such compliance.
2. If any message, the receipt of which is not authorized by this licence, is received, neither the Licensee nor any person using the System or the Ancillary Installations shall make known the contents of such a message, its origin or destination, or the fact of its receipt to any person except a duly authorized officer of the Authority or a competent legal tribunal, and shall not retain a copy or make use of such a message, nor allow any other person to do so.
3. If the Licensee employs any person under contract for the installation, operation, or maintenance of the System or the Ancillary Installations (a "contractor"), the Licensee shall continue to be responsible for compliance with the conditions of this licence, and the performance thereof, by any contractor.
4. The Licensee shall indemnify the Government against any losses, claims, charges, expenses, actions, damages or demands which the Government incurs or which may be made against the Government as a result of or in relation to the activities of the Licensee or any employee, agent or contractor of the Licensee in relation to the installation, operation and maintenance of the System and the Ancillary Installations.
5. The Licensee shall furnish to the Authority, in such manner and at such times as the Authority may request in writing, such information and accounts as he may reasonably require to perform his functions under the Telecommunications Ordinance (Cap 106) and this licence.
6. (1) The Licensee shall permit the Authority and any person authorized by him in writing to enter any of the Licensee's offices or premises where telecommunications equipment is installed to inspect any of the telecommunications equipment or to monitor traffic carried by the equipment for the purpose of verifying whether the Licensee is running the System and the Ancillary Installations in accordance with this licence.

(2)

The Licensee shall afford to the Authority all facilities for-

(a) examining or testing its telecommunications equipment and inspecting offices or facilities used or to be used under this licence; and

(b)

monitoring the traffic carried by the licensed equipment and facilities, and the Licensee may be represented by an agent or employee of the Licensee who may be present during but must not interfere with the examining, testing, inspecting or monitoring.

(3)

The Authority may from time to time require the Licensee to demonstrate that the System and the Ancillary Installations comply with-

(a)

this licence, the Telecommunications Ordinance (Cap 106) and the Telecommunications Regulations (Cap 106 sub. leg.); and

(b)

any technical standards, specifications, codes of practice, directions, determinations or orders issued by the Authority from time to time.

1. The Licensee shall permit the Authority or an officer authorized by him in writing to inspect and make copies of records, documents and accounts relating to the Licensee's business for the purpose of confirming that the Licensee is complying with this licence.
2. The Licensee shall ensure that the System and the Ancillary Installations are operated in conformity to the safety measures concerning health hazards caused by non-ionizing electromagnetic radiation as set out in the guidelines issued by the Authority from time to time.
1. (1) The Licensee shall-
1. operate the System and the Ancillary Installations in such a manner as not to cause harmful interference with any other means of telecommunications; and
2. comply with any direction given by the Authority for the purpose of avoiding such harmful interference.

(2) The Licensee shall not use any instrument, apparatus or material on, or connect or apply any electrical current to, any part of the System or the Ancillary Installations if it causes or is likely to cause harmful interference with the working of any other means of telecommunications.

15. (1) No wire may be laid or maintained across any street or unleased Government land without the prior written consent of the Authority.

(2) The Licensee shall comply with any conditions imposed, or directions given, by the Authority on the giving of his written consent for the purposes of subparagraph (1).

16. (1) Each telecommunications installation for radiocommunications operated by or on behalf of the Licensee shall be used only at the location and with emissions at the frequencies and of the classes and characteristics (including aerial characteristics), and with such power or power density, as specified in Schedule 2.

(2)

The apparatus comprised in each telecommunications installation for radiocommunications shall at all times comply with such technical and performance standards as may be specified by the Authority.

(3)

The apparatus comprised in a telecommunications installation for radiocommunications shall be of a type approved by the Authority and be so designed, constructed, maintained and operated that its use does not cause any avoidable and harmful interference with any other means of telecommunications.

(4)

The Licensee-

(a) shall not make any change-

(i)

in any telecommunications installation for radiocommunications; or

(ii)

in the location of any installed telecommunications installation for radiocommunications, without the prior approval in writing of the Authority; and

(b)

shall return this licence to the Authority for amendment when a change referred to in sub-subparagraph (a) has been effected.

SCHEDULE 1

The following telecommunications installation for radiocommunications and/or wireline communication is authorized to be established and maintained by the Licensee-

SCHEDULE 2

Technical particulars of the radiocommunications apparatus comprised in the System as follows-

SCHEDULE 3

The following ancillary or associated telecommunications installations for radiocommunications and/or wireline communication are authorized to be established, maintained and used by the Licensee-

......................................................... For the Telecommunications Authority.

(L.N. 28 of 1997; 29 of 1998 s. 105; 36 of 2000 s. 28)

TELECOMMUNICATIONS ORDINANCE (Chapter 106)

PUBLIC RADIOCOMMUNICATIONS SERVICE LICENCE (FOR SERVICES OTHER THAN LAND MOBILE SERVICES)

DATE OF ISSUE:
VALIDITY PERIOD:
DATE OF EXTENSION (if applicable):
PERIOD OF EXTENSION (if applicable):

.................................................................................................................................... of ........................................................................................................................................ ("the licensee") is licensed, subject to the conditions set out in this licence-

(a)

to provide a public radiocommunications service ("the Service") described in Schedule 1;

(b)

to establish, maintain, possess and use the radiocommunications apparatus described in Schedule 2 to provide the Service; and

(c)

to deal in and demonstrate with a view to sale in the course of trade or business, such apparatus or material for radiocommunications as may be necessary to supply customers of the Service.

GENERAL CONDITIONS

This licence shall not be construed as granting any exclusive rights to the licensee in the provision of the Service.

This licence replaces any licence, however described, which the Authority may have granted to the licensee for the Service.

The licensee shall at all times and from time to time during the continuance of this licence operate, maintain and provide the Service in a manner satisfactory to the Authority.

The licensee shall at all times perform and observe the requirements of the Constitution and Convention of the International Telecommunication Union and the regulations and recommendations annexed to or made under the Constitution and Convention as are applicable to Hong Kong except to the extent that the Authority may in writing expressly exempt the licensee from such compliance.

(1)

Notwithstanding regulation 8(1) of the Telecommunications Regulations (Cap 106 sub. leg.), the licensee may with the prior written consent of the Authority transfer this licence and any permission, right or benefit under this licence.

(2)

The consent of the Authority shall be subject to such conditions as the Authority thinks fit.

(3)

If the licensee transfers the licence or other right, the licensee shall give the Authority a true copy of the transfer document within 2 months of the date of the transfer.

(1)

Each land station or land earth station shall be used only at the location and with emissions at the frequencies and of the classes and characteristics specified in Schedule 2, and with such power and aerial characteristics as are specified in Schedule 2 in relation to the class and characteristics of the emission in use.

(2)

The apparatus comprised in each land station or land earth station shall at all times comply with the technical and performance standards as may be prescribed by the Authority and specified in Schedule 2.

(3)

The apparatus comprised in each land station or land earth station or mobile station or mobile earth station (being a mobile station or mobile earth station used by the customer of the licensee) shall be so designed, constructed, maintained and operated that its use does not cause any avoidable interference with any radiocommunications.

(4)

Each land station or land earth station shall be operated only by the licensee or a person authorized by the licensee in that behalf. The licensee shall not permit or suffer any person not so authorized to have access to the apparatus comprised in each land station and land earth station. The licensee shall ensure that persons operating each land station or land earth station observe the conditions of the licence at all times.

(5)

The licensee

(a)

shall not make any change-

(i)

in any land station or land earth station; or

(ii)

in the address at which each land station or land earth station is installed,
without the prior approval in writing of the Authority; and

(b)

shall return this licence to the Authority for amendment when a change referred to in sub-subparagraph

(a) has been effected.

(6)

If power for the working of any land station or land earth station is taken from a public electricity supply, no direct connection shall be made between the supply mains and the aerial.

(7)

If any land station or land earth station aerial crosses above or may fall or be blown onto any overhead power wire (including electric lighting and tramway wires) or power apparatus it shall be guarded to the reasonable satisfaction of the owner of the power apparatus concerned.

(8)

The licensee shall take all reasonable measures to ensure that customers of the Service do not cause interference to other users of radiocommunications and shall take all the necessary measures to stop such interference as may occur.

The apparatus operated by the licensee shall be operated only on such radio frequencies as the Authority may assign to the licensee and the Authority may refuse to assign further frequencies or require the licensee, by notice to him, to cease to operate the apparatus on any frequency previously assigned to him if in the opinion of

the Authority the licensee is not making efficient use of that frequency.

1. 8. The Authority may, by giving not less than 12 months' notice in writing to the licensee, require him upon such date as may be specified in the notice to cease using any frequency previously assigned to him by the Authority and to use such new frequency as the Authority may designate.
2. 9. The licensee shall not enter into any agreement or arrangement whether legally enforceable or not which shall in any way prevent or restrict competition in relation to the operation of the Service or any other telecommunications service licensed by the Authority.

10. In this licence-"land earth station" (陸地地球站) means an earth station in a mobile-satellite service not intended to be used while in

motion;

"land station" (陸地電台) means a station in a mobile service not intended to be used while in motion;

"station" (電台), "earth station" (地球站), "mobile service" (移動業務), "land mobile service" (移地移動業務)

and "mobile-satellite service" (衞星移動業務) have the same meanings as defined in the Radio Regulations annexed to the Constitution and Convention of the International Telecommunication Union.

SPECIAL CONDITIONS

(Special conditions may be inserted on the Grant or Extension of this Licence)