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Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to Schedule 4 frequencies

147: Broadcasting Tribunal to certify incumbents

You could also call this:

"Getting a certificate to use radio waves from the Broadcasting Tribunal"

Illustration for Radiocommunications Act 1989

You need a certificate from the Broadcasting Tribunal to get a spectrum licence. The Tribunal gives you a certificate if you had a sound-radio warrant on 30 June 1989. You can also get a certificate if you were entitled to a radio licence under section 95(2) of the Broadcasting Act 1989. You apply to the Tribunal for a certificate using their form. The Tribunal checks if you had a sound-radio warrant or were entitled to a radio licence. They then give you a certificate saying yes or no. The Broadcasting Tribunal stays in office until 31 March 1990 to do this job. This is despite some laws being repealed or revoked by the Broadcasting Act 1989. The Tribunal's job is not limited by section 93 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197960.

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

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

147Broadcasting Tribunal to certify incumbents

  1. No person shall be entitled, by virtue of being an incumbent under section 146(1)(b), to be granted any spectrum licence under section 145 in relation to any frequency unless that person holds a certificate issued by the Broadcasting Tribunal certifying that the person—

  2. at the close of 30 June 1989, held a sound-radio warrant under the Broadcasting Act 1976 in relation to that frequency; or
    1. is or was entitled, pursuant to section 95(2) of the Broadcasting Act 1989, to be granted a radio licence in relation to that frequency.

      1. The Broadcasting Tribunal shall, on application made on the form provided for the purpose by the Tribunal, issue a certificate certifying whether or not the applicant—

      2. at the close of 30 June 1989, held a sound-radio warrant under the Broadcasting Act 1976 in relation to a frequency to which section 145 applies; or
        1. is or was entitled, pursuant to section 95(2) of the Broadcasting Act 1989, to be granted a radio licence in relation to any such frequency.

          1. Notwithstanding the repeals and revocations effected by the Broadcasting Act 1989, and without limiting section 93 of that Act, the Broadcasting Tribunal shall remain in office until the close of 31 March 1990 for the purpose of carrying out the function conferred on it by subsection (2).

          Notes
          • Section 147(1): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
          • Section 147(1)(b): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
          • Section 147(2)(b): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).