162Transitional rights in relation to frequencies in Schedule 6

1. This section applies to any frequency that is within any of the ranges of frequencies specified in Schedule 6.

2. For the purposes of this section and section 168, channel means a pair of frequencies that are designated to be used together for the purposes of a service of the type known as land mobile.

3. Subject to section 169, where,—

4. pursuant to section 10(2), a record of management rights is recorded in relation to any frequency to which this section applies; and
5. that frequency is one of the frequencies of a channel; and
6. immediately before the date on which that record of management rights is so recorded, no person held more than 7 radio licences (being licences that were first granted before 1 July 1989 for a period of not less than 12 months) to operate a service on that channel,—
each person who, immediately before the date on which that record of management rights is so recorded, held a radio licence in relation to that frequency (being a licence that was first granted before 1 July 1989 for a period of not less than 12 months) shall have the right to be granted a spectrum licence under section 48 in relation to that frequency.

7. Every spectrum licence to which any person is entitled pursuant to subsection (2) in relation to any frequency—

8. shall confer a right to transmit that is identical to the right conferred by the radio licence held by that person in relation to that frequency immediately before the record of management rights was recorded in relation to that frequency; and
9. shall have an expiry date that is the expiry date of that record of management rights.

10. Subject to section 169, where,—

11. pursuant to section 10(2), a record of management rights is recorded in relation to any frequency to which this section applies; and
12. that frequency is one of the frequencies of a channel; and
13. immediately before the date on which that record of management rights is so recorded, any person held more than 7 radio licences (being licences that were first granted before 1 July 1989 for a period of not less than 12 months) to operate a service on that channel,—
that person shall have the right to be registered as manager of the frequencies of which that channel is comprised.

14. 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) or, as the case may be, any person is registered as manager pursuant to subsection (4) 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.