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Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to Schedule 4 frequencies

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

You could also call this:

"Transferring television frequency rights to someone else"

Illustration for Radiocommunications Act 1989

You can transfer your rights to use a frequency for a television service to another person. This is allowed if you are the incumbent, which means you already have the right to use the frequency, and the frequency is used for a television service that section 145 and section 146(1)(a) apply to. The Secretary must agree to the transfer and give the new person a radio apparatus licence for the frequency. When the transfer happens, the new person becomes the incumbent and gets the rights and responsibilities that come with it. The new person can then transfer the rights again if they want to, as long as they follow the same rules. The new person must also do what the law says the incumbent must do. You can only transfer your rights if you follow the rules and get the Secretary's approval. The Secretary will only approve the transfer if the new person gets a radio apparatus licence for the frequency. This means the new person will have the same rights and responsibilities as you did.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197958.

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

146ATransfer of rights of incumbents in relation to television services

  1. Subject to subsection (2), a person who is the incumbent in relation to a frequency to which section 145 applies, being a frequency used for the purposes of any television service to which section 146(1)(a) applies, may transfer that person's rights as the incumbent to any other person.

  2. A transfer to which subsection (1) applies shall not take effect unless the Secretary, at the written request of the incumbent, issues to the transferee the radio apparatus licences in relation to the frequency.

  3. When a transfer to which subsection (1) applies takes effect, the transferee—

  4. shall become the incumbent in relation to the frequency; and
    1. shall, while the transferee is the incumbent,—
      1. be entitled to transfer, in accordance with subsections (1) and (2), the transferee's rights as the incumbent in relation to the frequency; and
        1. perform the obligations imposed on the incumbent by this Part.

        Notes
        • Section 146A: inserted, on , by section 10 of the Radiocommunications Amendment Act (No 2) 1990 (1990 No 104).