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Radiocommunications Act 1989

Registration of rightholders

55: Transmissions by persons with agreement of rightholder

You could also call this:

"Transmitting on a frequency with the owner's permission"

Illustration for Radiocommunications Act 1989

You can transmit on a frequency if you have an agreement with the rightholder. The rightholder is the person who holds the spectrum licence for that frequency. You must transmit according to the terms of the agreement and the rightholder's spectrum licence. You also need to follow the conditions in the record of management rights and the provisions of section 102 and Schedule 1. If you do this, your transmission is considered to be a transmission by the rightholder. This means you are allowed to transmit on the frequency as long as you follow the rules. If you have an agreement with the rightholder and you transmit according to that agreement, you are transmitting legally. The rightholder's spectrum licence and the conditions in the record of management rights apply to you. You must also comply with section 102 and Schedule 1 to transmit on the frequency.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196957.

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Part 6Registration of rightholders

55Transmissions by persons with agreement of rightholder

  1. The rightholder in relation to a spectrum licence may enter into agreements with persons wishing to transmit on the frequency specified in the spectrum licence.

  2. The terms of every agreement are deemed to include a condition that the person who has entered into the agreement with the rightholder will transmit only in accordance with—

  3. the rightholder's spectrum licence:
    1. conditions in the record of management rights in relation to which the rightholder's spectrum licence is registered:
      1. the provisions of section 102 as applied to the rightholder's spectrum licence:
        1. Schedule 1.

          1. Every transmission by a person who—

          2. has entered into an agreement with a rightholder under this section; and
            1. is transmitting in accordance with that agreement—
                1. is a transmission by the rightholder.

              Notes
              • Section 55: substituted, on , by section 25 of the Radiocommunications Amendment Act 2000 (2000 No 8).