169User of frequency entitled to be registered as manager

1. In this section, unless the context otherwise requires,—

   qualifying radio licence means a radio licence that was first granted before 1 July 1989 for a period of not less than 12 months

   user, in relation to any qualifying radio licence, means the person on whom the sole right to transmit in accordance with the licence has been conferred pursuant to a contract between that person and the holder of the licence.

2. Where,—

3. pursuant to section 10(2), a record of management rights is recorded in relation to any frequency to which section 162 applies; and
4. immediately before the date on which that record of management rights is so recorded,—
   1. any person held, in relation to that frequency, any qualifying radio licence; and
   2. any person was the user in relation to that licence; and
5. the person who was the user in relation to that licence would be entitled, pursuant to section 162(4), to be registered as manager in relation to that frequency if that person had been the holder of that licence,—
sections 162 and 168 shall apply in all respects as if the person who was the user in relation to that licence had been the holder of that licence instead of the holder.

6. Where, but for this subsection, subsection (2) would in any particular case have the effect of conferring on the Crown the right to be registered as manager in relation to any frequency, then, notwithstanding anything in section 162(4), no person shall be entitled, pursuant to section 162(4), to be registered as manager of that frequency.