Provided are a data broadcast receiving apparatus that can be easily connected with mobile communication terminals of diverse access specifications by easily upgrading middleware or plug-in software in digital broadcast mobile and fixed receiving environments, and a method thereof. The data broadcast receiving apparatus includes a demultiplexer for separating signals transmitted from the outside into signals of a kind; a controller for controlling elements of the data broadcast receiving apparatus, receiving and outputting contents separated in the demultiplexer; a download processor for receiving downloadable data divided in the demultiplexer, determining the kind of the downloadable data, and performing upgrade by downloading the downloadable data; and a mobile terminal accessing unit for accessing to a mobile communication network based on the downloadable data.