Cap. 562A 《廣播(牌照費)規例》Broadcasting (Licence Fees) Regulation

生效中

版本日期: 2012-08-02

Cap. 562

Cap. 563

Broadcasting (Licence Fees) Regulation

(Cap. 562, section 42)

(Enacting provision omitted—E.R. 2 of 2012)

[23 February 2001]

(Format changes—E.R. 2 of 2012)

1.

(Omitted as spent—E.R. 2 of 2012)

2. Interpretation

In this Regulation—

subscriber (用戶) means a person to whom a licensed service is provided by a licensee on a subscription basis.

(L.N. 218 of 2008)

3. Annual licence fee

(1)

A person who holds a domestic free television programme service licence shall pay an annual licence fee as provided for in Schedule 1.

(2)

A person who holds a domestic pay television programme service licence shall pay an annual licence fee as provided for in Schedule 2.

(3)

A person who holds a non-domestic television programme service licence shall pay an annual licence fee as provided for in Schedule 3.

(4)

A person who holds an other licensable television programme service licence shall pay an annual licence fee as provided for in Schedule 4.

4.

(Repealed L.N. 218 of 2008)

Schedule 1 — Annual Licence Fee for Domestic Free Television Programme Service Licence

[s. 3(1)]

1. Interpretation

In this Schedule—

licence (牌照) means a domestic free television programme service licence; licence year (牌照年度) means, in relation to a licence— (a)the period commencing on the specified day and expiring at the end of the day immediately before the first anniversary of the specified day; or (b)the period commencing on an anniversary of the specified day and expiring at the end of the day immediately before the next anniversary of the specified day; programme time (節目時間) means, in relation to a licence, the duration of a television programme included in a television programme service broadcast under the licence; specified day (指明日期) means, in relation to a licence, the day the licence comes into force.

2. Annual licence fee

(1)

The annual licence fee for a licence is payable in respect of a licence year and consists of the following—

(a)

a fixed fee of $4,701,400; and

(b)

a variable fee calculated at the rates specified in section 4 and on the basis of the aggregate programme time of the television programmes broadcast in the licence year.

(2)

The fixed fee is to be calculated on a pro rata basis if before the end of a licence year—

(a)

the licence is surrendered or revoked; or

(b)

the period of validity of the licence expires.

3. Time and manner of payment

(1)

The holder of a licence shall pay to the Authority the fixed fee not later than 14 days after the commencement of a licence year.

(2)

The holder of a licence shall, in respect of a licence year, pay to the Authority a provisional amount of the variable fee not later than 60 days after the commencement of the licence year.

(3)

The provisional amount is to be calculated at the rates specified in section 4—

(a)

in relation to a licence year commencing on the specified day, on the basis of the estimated aggregate programme time of the television programmes to be broadcast in the licence year as recorded in the licence; and

(b)

in relation to a licence year commencing on an anniversary of the specified day, on the basis of the aggregate programme time of the television programmes broadcast in the preceding licence year.

(4)

If a television programme service, television programme or any part of a television programme service or television programme is approved or directed by the Authority to be simulcast in both analogue and digital formats, the programme time is to be calculated only by reference to the duration of the television programme or the part of the programme broadcast in digital format.

(5)

If in respect of a licence year the variable fee payable for a licence exceeds the provisional amount paid for the licence, the holder of the licence shall, on demand by the Authority, pay the difference to the Authority.

(6)

If in respect of a licence year the provisional amount paid for a licence exceeds the variable fee payable for the licence, the Authority shall pay the difference to the holder of the licence.

(17 of 2011 s. 28)

4. Rates of variable fee

The rates specified for the purposes of sections 2(1)(b) and 3(3) are as follows—

(a)

for the first 17 000 hours of programme time: $13,200 for every 100 hours or any part of those 100 hours; and

(b)

for the programme time after those 17 000 hours: $1,630 for every 100 hours or any part of those 100 hours.

5. Transitional

(1)

If, in respect of a licence, a demand is made under section 3(5) on or after the commencement date* of the Communications Authority Ordinance (Cap. 616), the Authority must pay to the Director of Accounting Services for any payment received in respect of the licence period before that date.

(2)

If, in respect of a licence, an amount is payable under section 3(6) on or after the commencement date of the Communications Authority Ordinance (Cap. 616), the Director of Accounting Services must pay to the Authority for any payment made in respect of the licence period before that date.

(17 of 2011 s. 28)

(Schedule 1 replaced L.N. 218 of 2008)

Editorial Note: Commencement date: 1 April 2012.

Schedule 2 — Annual Licence Fee for Domestic Pay Television Programme Service Licence

[s. 3(2)](L.N. 218 of 2008)

(L.N. 218 of 2008)

1. Interpretation

In this Schedule—

licence (牌照) means a domestic pay television programme service licence; specified day (指明日期) means, in relation to a licence, the day the licence comes into force.

(L.N. 218 of 2008)

2. Annual licence fee

(1)

Subject to subsection (2), the annual licence fee payable for a licence consists of the following—

(a)

a fixed fee of $1,533,000; and (L.N. 98 of 2006)

(b)

a variable fee calculated by multiplying $4 with the number of subscribers (if any) to the television programme service provided under the licence—

(i)

for the first annual licence fee, on the specified day; and

(ii)

for any subsequent annual licence fee, on each anniversary of the specified day.

(2)

If the remaining period of validity of a licence immediately after any anniversary of the specified day is less than 1 year, then the annual licence fee payable for the remaining period shall be calculated on a pro rata basis.

3. Time of payment

(1)

The fee mentioned in section 2(1)(a) shall be payable not later than 14 days after—

(a)

the specified day; and

(b)

each anniversary of the specified day.

(2)

The fee mentioned in section 2(1)(b) shall be payable not later than 60 days after—

(a)

the specified day; and

(b)

each anniversary of the specified day.

Schedule 3 — Annual Licence Fees for Type A and Type B Non-Domestic Television Programme Service Licences

[s. 3(3)]

1. Interpretation

In this Schedule—

type A non-domestic television programme service (甲類非本地電視節目服務) means a non-domestic television programme service other than a type B non-domestic television programme service; type B non-domestic television programme service (乙類非本地電視節目服務) means a non-domestic television programme service mentioned in paragraph (a)(i)(B) of the definition of non-domestic television programme service in section 2(1) of the Ordinance.

2. Annual licence fee: type A non-domestic television programme service licence

The annual licence fee payable for a type A non-domestic television programme service licence is $56,400.

(L.N. 98 of 2006)

3. Annual licence fee: type B non-domestic television programme service licence

The annual licence fee payable for a type B non-domestic television programme service licence consists of the following—

(a)

a fixed fee of $74,000; and (L.N. 98 of 2006)

(b)

a variable fee calculated by multiplying $4 with the number of subscribers (if any) to the television programme service provided under the licence—

(i)

for the first annual licence fee, on the day the licence comes into force; and

(ii)

for any subsequent annual licence fee, on each anniversary of the day the licence comes into force.

4. Time of payment: type A non-domestic television programme service licence

The annual licence fee for a type A non-domestic television programme service licence shall be payable not later than 14 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.

5. Time of payment: type B non-domestic television programme service licence

(1)

The fee mentioned in section 3(a) shall be payable not later than 14 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.

(2)

The fee mentioned in section 3(b) shall be payable not later than 60 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.

Schedule 4 — Annual Licence Fees for Type A and Type B Other Licensable Television Programme Service Licences

[s. 3(4)]

1. Interpretation

In this Schedule—

hotel (酒店), for the purpose of a type B other licensable television programme service licence, means a hotel containing 1 or more hotel rooms to which a television programme service is provided under the licence; type A other licensable television programme service (甲類其他須領牌電視節目服務) means an other licensable television programme service other than a type B other licensable television programme service; type B other licensable television programme service (乙類其他須領牌電視節目服務) means an other licensable television programme service mentioned in paragraph (b)(ii) of the definition of other licensable television programme service in section 2(1) of the Ordinance.

2. Annual licence fee: type A other licensable television programme service licence

The annual licence fee payable for a type A other licensable television programme service licence consists of the following—

(a)

a fixed fee of $73,500; and (L.N. 98 of 2006; L.N. 218 of 2008)

(b)

a variable fee calculated by multiplying $4 with the number of subscribers (if any) to the television programme service provided under the licence—

(i)

for the first annual licence fee, on the day the licence comes into force; and

(ii)

for any subsequent annual licence fee, on each anniversary of the day the licence comes into force.

3. Annual licence fee: type B other licensable television programme service licence

The annual licence fee payable for a type B other licensable television programme service licence consists of the following—

(a)

a fixed fee of $16,800; and (L.N. 98 of 2006)

(b)

a variable fee calculated by multiplying $5,400 with the number of hotels (if any)—

(i)

for the first annual licence fee, on the day the licence comes into force; and

(ii)

for any subsequent annual licence fee, on each anniversary of the day the licence comes into force.

4. Time of payment: type A other licensable television programme service licence

(1)

The fee mentioned in section 2(a) shall be payable not later than 14 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.

(2)

The fee mentioned in section 2(b) shall be payable not later than 60 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.

5. Time of payment: type B other licensable television programme service licence

(1)

The fee mentioned in section 3(a) shall be payable not later than 14 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.

(2)

The fee mentioned in section 3(b) shall be payable not later than 60 days after—

(a)

the day the licence comes into force; and

(b)

each anniversary of the day the licence comes into force.