Plain language law

New Zealand law explained for everyone

Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to Schedule 4 frequencies

146: Incumbents in relation to Schedule 4 frequencies

You could also call this:

"Who is in charge of certain radio frequencies?"

Illustration for Radiocommunications Act 1989

When talking about certain radio frequencies, you need to know who the incumbent is. The incumbent is the person who holds a radio licence for that frequency. This can be different depending on the type of frequency and when the licence was issued. You are considered the incumbent for some television frequencies if you held a radio licence for those frequencies before a record of management rights was made, as described in section 10(2). This applies to frequencies listed in Part A and Part B of Schedule 4. For other frequencies, you are the incumbent if you hold a radio licence that was issued to you so you could use your rights under a sound-radio warrant. Some television services are treated specially, including TV1, TV2, and TV3. These services have specific rules about who is the incumbent for their frequencies. You can be the incumbent for these services if you hold a radio licence for their frequencies, as described in section 95(2) of the Broadcasting Act 1989.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197955.

This page was last updated on — View changes

Topics:
Business > Industry rulesArts and culture > Arts funding
Previous

145: Transitional rights in relation to frequencies in Schedule 4, or

"Temporary rights to use certain radio frequencies"

Next

146A: Transfer of rights of incumbents in relation to television services, or

"Transferring television frequency rights to someone else"

Part 16Transitional provisions
Transitional rights in relation to Schedule 4 frequencies

146Incumbents in relation to Schedule 4 frequencies

  1. For the purposes of section 145, the incumbent in relation to a frequency to which that section applies is—

  2. in the case of a frequency that is used for the purposes of any television service to which this paragraph applies,—
    1. where that frequency is within any of the ranges of frequencies specified in Part A of Schedule 4, the person who, immediately before a record of management rights is recorded, pursuant to section 10(2), in relation to that frequency, is the holder of a radio licence in relation to that frequency; or
      1. where that frequency is within any of the ranges of frequencies specified in Part B of Schedule 4, the person who holds the radio licence in relation to that frequency on 8 December 1989; or
      2. in the case of any other frequency, the person who, immediately before a record of management rights is recorded, pursuant to section 10(2), in relation to that frequency,—
        1. is the holder of a radio licence in relation to that frequency, being a radio licence that was issued to that person in order to enable that person to exercise that person's rights under a sound-radio warrant under the Broadcasting Act 1976 of which that person was the holder at the close of 30 June 1989; or
          1. is the holder of a radio licence in relation to that frequency, being a radio licence granted to that person pursuant to section 95(2) of the Broadcasting Act 1989; or
            1. is entitled, pursuant to section 95(2) of the Broadcasting Act 1989, to be granted a radio licence in relation to that frequency.

            2. The television services to which subsection (1)(a) applies are—

            3. the service known as TV1:
              1. the service known as TV2:
                1. the service known as TV3.

                  Notes
                  • Section 146(1)(a)(i): substituted, on , by section 3 of the Radiocommunications Amendment Act 1995 (1995 No 38).
                  • Section 146(1)(a)(i): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
                  • Section 146(1)(a)(ii): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
                  • Section 146(1)(b)(i): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
                  • Section 146(1)(b)(ii): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
                  • Section 146(1)(b)(iii): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).