145Transitional rights in relation to frequencies in Schedule 4

1. This section applies to any frequency that is within any of the ranges of frequencies specified in Schedule 4.

2. Where, pursuant to section 10(2), a record of management rights is recorded in relation to any frequency to which this section applies, the incumbent in relation to that frequency shall have the right to be granted a spectrum licence pursuant to section 48(b) in relation to that frequency.

3. Every spectrum licence to which an incumbent is entitled pursuant to subsection (2) in relation to any frequency—

4. shall confer—
   1. a right to transmit that is identical to the right conferred by the radio licence held by the incumbent in relation to that frequency immediately before the record of management rights was recorded in relation to that frequency; or
   2. where the incumbent did not hold such a radio licence, but was entitled, immediately before that record of management rights was so recorded, to be granted a radio licence in relation to that frequency pursuant to section 95(2) of the Broadcasting Act 1989, a right to transmit that is identical to the right that would have been conferred had that radio licence been granted; and
5. shall have an expiry date that is the expiry date of that record of management rights.

6. Where, but for this subsection, the expiry date of any record of management rights relating to any frequency in relation to which a spectrum licence is granted pursuant to subsection (2) is earlier than the expiry of the period of 20 years commencing on the date on which that record of management rights was recorded under section 10(2), the expiry date of that record of management rights shall be deemed to be the date of the expiry of the period of 20 years commencing on the date on which that record of management rights was recorded under that section, and the Registrar shall amend the register accordingly.