TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - CHAPTER 52F TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - LONG TITLE Empowering section (Ceased to be in force) VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - LONG TITLE Empowering section VerDate:24/03/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION (L.N. 25 of 2000) (Cap 52, section 32A) [1 October 1993] L.N. 330 of 1993 (L.N. 233 of 1993) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 52, section 32A) [1 October 1993] L.N. 330 of 1993 (L.N. 233 of 1993) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 1 (Omitted as spent) VerDate:24/03/2000 (Omitted as spent) (Enacted 1993) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SECT 1 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1993) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 2 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 2 Advertising royalty VerDate:24/03/2000 (1) Subject to the limitation in subsection (2), a licensee shall pay an advertising royalty for each accounting year calculated on the appropriate amounts, as provided in section 41(1) of the Ordinance, set out in column 1 of Schedule 1 at the rate set out in column 2 of that Schedule. (2) A licensee is not required to pay more than 9% of the total of the appropriate amounts for an accounting year. (L.N. 485 of 1996) (Enacted 1993) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SECT 2 Advertising royalty VerDate:30/06/1997 (1) Subject to the limitation in subsection (2), a licensee shall pay an advertising royalty for each accounting year calculated on the appropriate amounts, as provided in section 41(1) of the Ordinance, set out in column 1 of Schedule 1 at the rate set out in column 2 of that Schedule. (2) A licensee is not required to pay more than 9% of the total of the appropriate amounts for an accounting year. (L.N. 485 of 1996) (Enacted 1993) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 3 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 3 Subscription royalty VerDate:24/03/2000 (1) A subscription television broadcasting licensee and a programme service licensee shall each pay a subscription royalty for each accounting year calculated on the number of authorized decoders set out in column 1 of Schedule 2 at the rate set out in column 2 of that Schedule of the subscriptions receivable for the licensee's subscription television broadcasts for the accounting year. (2) An authorized decoder is a decoder, within the meaning of section 32B of the Ordinance, for which a subscription television broadcasting licensee and a programme service licensee are each entitled to receive a subscription. (Enacted 1993. L.N. 188 of 1997) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SECT 3 Subscription royalty VerDate:30/06/1997 (1) A subscription television broadcasting licensee and a programme service licensee shall each pay a subscription royalty for each accounting year calculated on the number of authorized decoders set out in column 1 of Schedule 2 at the rate set out in column 2 of that Schedule of the subscriptions receivable for the licensee's subscription television broadcasts for the accounting year. (2) An authorized decoder is a decoder, within the meaning of section 32B of the Ordinance, for which a subscription television broadcasting licensee and a programme service licensee are each entitled to receive a subscription. (Enacted 1993. L.N. 188 of 1997) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 4 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 4 Licence fees VerDate:24/03/2000 (1) A commercial television broadcasting licensee shall pay an annual licence fee as set out in Schedule 3. (2) Hong Kong Cable Television Limited shall pay an annual licence fee as set out in Schedule 4 for its subscription television broadcasting licence. (L.N. 25 of 2000) (3) A programme service licensee shall pay an annual licence fee as set out in Schedule 5. (L.N. 188 of 1997) (Enacted 1993) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SECT 4 Licence fees VerDate:30/06/1997 (1) A commercial television broadcasting licensee shall pay an annual licence fee as set out in Schedule 3. (2) A subscription television broadcasting licensee shall pay an annual licence fee as set out in Schedule 4. (3) A programme service licensee shall pay an annual licence fee as set out in Schedule 5. (L.N. 188 of 1997) (Enacted 1993) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 4A Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 4A Spectrum utilization fees VerDate:24/03/2000 Hong Kong Cable Television Limited shall pay an annual spectrum utilization fee as set out in Schedule 6 for its subscription television broadcasting licence. (L.N. 25 of 2000) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 5 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SECT 5 *Transitional VerDate:24/03/2000 For the accounting year of 1 January to 31 December 1993- (a) a licensee liable to pay a royalty under section 41 of the Ordinance shall pay the royalty calculated as follows- (i) for the period up to and including 30 September 1993, as provided in section 41 of the Ordinance before it was amended by the Television (Amendment) Ordinance 1993 (22 of 1993) on the basis that the appropriate amounts equal the actual amount of the appropriate amounts for that part of the accounting year; and (ii) for the period from 1 October to 31 December on the basis that the appropriate amounts equal the balance of the total of the appropriate amounts for the accounting year and attract royalty as if they were added to the appropriate amounts accounted for in subparagraph (i), as shown in the following example- $ million Total of the appropriate amounts for the accounting year 500 First period (1.1.93-30.9.93) Appropriate amounts (actual income) 360 Royalty on first $100 million at 1% 1 Royalty on the next $100 million at 5% 5 Royalty on the next $100 million at 10% 10 Royalty on the next $60 million at 15% 9 ------ Sub-total 25 (subject to a ceiling of 12% on $360 million = $43.2 million) 43.2 Second period (1.10.93-31.12.93) Appropriate amounts (actual income) 140 Royalty on first $40 million at 13% 5.2 Royalty on the next $100 million at 18% 18.0 ------ Sub-total 23.2 (subject to a ceiling of 10% on $140 million = $14 million) 14 Total royalty for the year: $25 million + $14 million = 39 (b) a licensee liable to pay a royalty under section 3 shall pay the royalty calculated on the part of the accounting year for which the licensee has held a licence even though section 3 comes into operation after the commencement of the licence. (Enacted 1993) --------------------------------------------------------------------------- -------------------------------------- * Please also see the transitional provisions contained in section 5 of L.N. 485 of 1996, which section is reproduced as follows- "5. Transitional (1) Notwithstanding sections 2 and 3 of this Regulation, the amounts of the advertising royalty payable for the accounting year from 1 January 1996 to 31 December 1996 shall be an amount equal to the aggregate of the amounts calculated in the following manner- (a) the amount payable for the period from 1 January 1996 to 30 November 1996 shall be calculated, on the appropriate amounts (within the meaning of section 41(2) of the Ordinance) derived from that period, by applying the prescribed rates in effect immediately before the commencement of this Regulation; (b) the amount payable for the period from 1 December 1996 to 31 December 1996 shall be calculated, on the appropriate amounts (within the meaning of section 41(2) of the Ordinance) derived from that period, by applying the rates set out in Schedule 1 to the principal Regulation (that is the Schedule substituted by section 3 of this Regulation), and in determining the appropriate amounts for the purposes of paragraphs (a) and (b), the appropriate amounts must be calculated continuously from 1 January 1996, that is, the beginning of the accounting year, as shown in the following example- $ million Total of the appropriate amounts for the accounting year 800 First period (1.1.96-30.11.96) Appropriate amounts (actual income) 600 Royalty on the first $200 million at 1% 2 Royalty on the next $100 million at 8% 8 Royalty on the next $100 million at 13% 13 Royalty on the next $100 million at 18% 18 Royalty on the next $100 million at 23% 23 ------ Sub-total 64 (subject to a ceiling of 10% on $600 million = $60 million) 60 Second period (1.12.96-31.12.96) Appropriate amounts (actual income) 200 Royalty on the first $100 million at 9% 9 Royalty on the next $100 million at 11% 11 ------ Sub-total 20 (subject to a ceiling of 9% on $200 million = $18 million) 18 Total royalty for the year: $60 million + $18 million = 78 (2) Notwithstanding section 4 of this Regulation- (a) for the year of 1996, the annual licence fee shall be an amount equal to the aggregate of the following- (i) for the period from 1 January 1996 to 30 November 1996, an amount of $917; and (ii) for the period from 1 December 1996 to 31 December 1996, an amount of $153583; (b) a commercial television broadcasting licensee shall, on 16 December 1996, pay the amount specified in paragraph (a)(ii).". TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SECT 5 *Transitional VerDate:30/06/1997 For the accounting year of 1 January to 31 December 1993- (a) a licensee liable to pay a royalty under section 41 of the Ordinance shall pay the royalty calculated as follows- (i) for the period up to and including 30 September 1993, as provided in section 41 of the Ordinance before it was amended by the Television (Amendment) Ordinance 1993 (22 of 1993) on the basis that the appropriate amounts equal the actual amount of the appropriate amounts for that part of the accounting year; and (ii) for the period from 1 October to 31 December on the basis that the appropriate amounts equal the balance of the total of the appropriate amounts for the accounting year and attract royalty as if they were added to the appropriate amounts accounted for in subparagraph (i), as shown in the following example- $ million Total of the appropriate amounts for the accounting year 500 First period (1.1.93-30.9.93) Appropriate amounts (actual income) 360 Royalty on first $100 million at 1% 1 Royalty on the next $100 million at 5% 5 Royalty on the next $100 million at 10% 10 Royalty on the next $60 million at 15% 9 ------ Sub-total 25 (subject to a ceiling of 12% on $360 million = $43.2 million) 43.2 Second period (1.10.93-31.12.93) Appropriate amounts (actual income) 140 Royalty on first $40 million at 13% 5.2 Royalty on the next $100 million at 18% 18.0 ------ Sub-total 23.2 (subject to a ceiling of 10% on $140 million = $14 million) 14 Total royalty for the year: $25 million + $14 million = 39 (b) a licensee liable to pay a royalty under section 3 shall pay the royalty calculated on the part of the accounting year for which the licensee has held a licence even though section 3 comes into operation after the commencement of the licence. (Enacted 1993) --------------------------------------------------------------------------- -------------------------------------- * Please also see the transitional provisions contained in section 5 of L.N. 485 of 1996, which section is reproduced as follows- "5. Transitional (1) Notwithstanding sections 2 and 3 of this Regulation, the amounts of the advertising royalty payable for the accounting year from 1 January 1996 to 31 December 1996 shall be an amount equal to the aggregate of the amounts calculated in the following manner- (a) the amount payable for the period from 1 January 1996 to 30 November 1996 shall be calculated, on the appropriate amounts (within the meaning of section 41(2) of the Ordinance) derived from that period, by applying the prescribed rates in effect immediately before the commencement of this Regulation; (b) the amount payable for the period from 1 December 1996 to 31 December 1996 shall be calculated, on the appropriate amounts (within the meaning of section 41(2) of the Ordinance) derived from that period, by applying the rates set out in Schedule 1 to the principal Regulation (that is the Schedule substituted by section 3 of this Regulation), and in determining the appropriate amounts for the purposes of paragraphs (a) and (b), the appropriate amounts must be calculated continuously from 1 January 1996, that is, the beginning of the accounting year, as shown in the following example- $ million Total of the appropriate amounts for the accounting year 800 First period (1.1.96-30.11.96) Appropriate amounts (actual income) 600 Royalty on the first $200 million at 1% 2 Royalty on the next $100 million at 8% 8 Royalty on the next $100 million at 13% 13 Royalty on the next $100 million at 18% 18 Royalty on the next $100 million at 23% 23 ------ Sub-total 64 (subject to a ceiling of 10% on $600 million = $60 million) 60 Second period (1.12.96-31.12.96) Appropriate amounts (actual income) 200 Royalty on the first $100 million at 9% 9 Royalty on the next $100 million at 11% 11 ------ Sub-total 20 (subject to a ceiling of 9% on $200 million = $18 million) 18 Total royalty for the year: $60 million + $18 million = 78 (2) Notwithstanding section 4 of this Regulation- (a) for the year of 1996, the annual licence fee shall be an amount equal to the aggregate of the following- (i) for the period from 1 January 1996 to 30 November 1996, an amount of $917; and (ii) for the period from 1 December 1996 to 31 December 1996, an amount of $153583; (b) a commercial television broadcasting licensee shall, on 16 December 1996, pay the amount specified in paragraph (a)(ii).". TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 1 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 1 ADVERTISING ROYALTY VerDate:24/03/2000 [section 2] Advertising royalty payable on appropriate amounts Rate On the first $200 million 0% On the next $100 million 1% On the next $100 million 3% On the next $100 million 5% On the next $100 million 7% On the next $100 million 9% On the next $100 million 11% On the next $100 million 13% On the next $100 million 15% On the next $100 million 17% On the next $100 million 19% On the next $100 million 21% On amounts above $1300 million 23% (L.N. 485 of 1996) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SCHEDULE 1 ADVERTISING ROYALTY VerDate:30/06/1997 [section 2] Advertising royalty payable on appropriate amounts Rate On the first $200 million 0% On the next $100 million 1% On the next $100 million 3% On the next $100 million 5% On the next $100 million 7% On the next $100 million 9% On the next $100 million 11% On the next $100 million 13% On the next $100 million 15% On the next $100 million 17% On the next $100 million 19% On the next $100 million 21% On amounts above $1300 million 23% (L.N. 485 of 1996) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 2 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 2 SUBSCRIPTION ROYALTY VerDate:24/03/2000 [section 3] Number of authorized decoders Not more than 83500 More than 83500 but not more than 167000 More than 167000 but not more than 250000 More than 250000 Rate 1% 2.5% 5% 7.5% (Enacted 1993) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SCHEDULE 2 SUBSCRIPTION ROYALTY VerDate:30/06/1997 [section 3] Number of authorized decoders Not more than 83500 More than 83500 but not more than 167000 More than 167000 but not more than 250000 More than 250000 Rate 1% 2.5% 5% 7.5% (Enacted 1993) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 3 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 3 ANNUAL LICENCE FEE FOR A COMMERCIAL TELEVISION BROADCASTING LICENCE VerDate:24/03/2000 [section 4(1)] An annual fee of $3944000 shall be paid by the licensee on 1 January during the continuance of the licence. (L.N. 485 of 1996; L.N. 518 of 1997) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SCHEDULE 3 ANNUAL LICENCE FEE FOR A COMMERCIAL TELEVISION BROADCASTING LICENCE VerDate:01/01/1998 [section 4(1)] An annual fee of $3944000 shall be paid by the licensee on 1 January during the continuance of the licence. (L.N. 485 of 1996; L.N. 518 of 1997) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SCHEDULE 3 ANNUAL LICENCE FEE FOR A COMMERCIAL TELEVISION BROADCASTING LICENCE VerDate:30/06/1997 [section 4(1)] An annual fee of $1843000 shall be paid by the licensee on 1 January during the continuance of the licence. (L.N. 485 of 1996) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 4 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 4 ANNUAL LICENCE FEE VerDate:24/03/2000 [section 4(2)] Hong Kong Cable Television Limited shall pay a fee of $1341293 within 1 month of the renewal of the licence, and on the anniversary date of the renewal of the licence during the continuance of the licence. (L.N. 25 of 2000) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SCHEDULE 4 ANNUAL LICENCE FEE FOR A SUBSCRIPTION TELEVISION BROADCASTING LICENCE VerDate:30/06/1997 [section 4(2)] The licensee shall pay a fee of $1000 within 3 months of the grant of the licence or within 1 month of the commencement of section 4(2) of this Regulation whichever date is later, and on the anniversary date of the beginning of the licence during the continuance of the licence. (Enacted 1993) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 5 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 5 ANNUAL LICENCE FEE FOR A PROGRAMME SERVICE LICENCE VerDate:24/03/2000 [section 4(3)] The licensee shall pay a fee of $394590 within 14 days of the grant of the licence, and on the anniversary date of the grant of the licence during the continuance of the licence. (L.N. 188 of 1997) TELEVISION (ROYALTY AND LICENCE FEES) REGULATION - SCHEDULE 5 ANNUAL LICENCE FEE FOR A PROGRAMME SERVICE LICENCE VerDate:30/06/1997 [section 4(3)] The licensee shall pay a fee of $394590 within 14 days of the grant of the licence, and on the anniversary date of the grant of the licence during the continuance of the licence. (L.N. 188 of 1997) TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 6 Ceased to be in force VerDate:07/07/2000 TELEVISION (ROYALTY, LICENCE FEES AND SPECTRUM UTILIZATION FEES) REGULATION - SCHEDULE 6 ANNUAL SPECTRUM UTILIZATION FEE VerDate:24/03/2000 [section 4A] Hong Kong Cable Television Limited shall pay a fee of $1321600 within 1 month of the renewal of the licence, and on the anniversary date of the renewal of the licence during the continuance of the licence. (L.N. 25 of 2000)