Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to Schedule 4 frequencies

148: Incumbent to give notice of intention to exercise transitional right

You could also call this:

"Tell the Secretary in writing if you want to use a special right to get a spectrum licence"

Illustration for Radiocommunications Act 1989

If you want to use a special right to get a spectrum licence, you must tell the Secretary in writing. You have to do this within 10 working days of a record of management rights being recorded for that frequency, as stated in section 10(2). You also need to say whether you want to pay an annual levy as stated in section 149, or a different amount. If you do not give the Secretary written notice on time, you will lose your right to get a spectrum licence. This means you will not be able to get a spectrum licence under this special right. You must make a choice about how you want to pay for your spectrum licence, and you cannot change your mind. You have to follow these rules if you want to use your special right to get a spectrum licence, as outlined in section 145. The Secretary needs to know what you want to do, so you must send them a written notice. This notice is important, so make sure you send it on time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197963.

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Business > Industry rules

147: Broadcasting Tribunal to certify incumbents, or

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

149: Payments for licences, or

"Paying for a radio frequency licence"

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

148Incumbent to give notice of intention to exercise transitional right

Where the incumbent in relation to any frequency to which section 145 applies wishes to be granted in relation to that frequency the spectrum licence to which the incumbent is entitled by virtue of that section, the incumbent shall give written notification of that fact to the Secretary not later than 10 working days after the date on which a record of management rights is recorded in relation to that frequency pursuant to section 10(2).
The incumbent shall also specify in that notice whether the incumbent elects to pay, in respect of the spectrum licence,—
an annual levy in accordance with paragraph (a) of subsection (1) of section 149; or
the amount referred to in paragraph (b) of that subsection,—

If the incumbent in relation to any frequency does not give the written notice required by subsection (1) within the period specified in that subsection, the right conferred on the incumbent by section 145 to be granted a spectrum licence in relation to the frequency shall lapse, and the incumbent shall not be entitled to be granted any spectrum licence pursuant to that right.

Notes

Section 148(1): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
Section 148(2): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
Section 148(3): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).