Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to Schedule 7 frequencies

170: Bodies specified in Schedule 7 entitled to licence

You could also call this:

"Some groups can get a free licence to transmit radio waves"

Illustration for Radiocommunications Act 1989

If you are a body or organisation listed in Schedule 7, you have the right to get a spectrum licence without paying for it. This licence lets you transmit radio waves on a certain frequency from a specific location. You can get this licence under section 48. You still have to pay any fees that apply to your spectrum licence, as set out in regulations made under section 135. When you get your spectrum licence, it will have conditions that are similar to the terms and conditions of your old radio licence. These conditions will also be similar to any restrictions that applied to you under section 171. If you want to transfer or mortgage your spectrum licence, you need to get the Minister's consent first. The expiry date of your spectrum licence will be the same as the expiry date of the record of management rights it is related to. You can find more information about spectrum licences in the Radiocommunications Act 1989, and see the amendments made by the Radiocommunications Amendment Act 2000, which can be found via a link to the legislation website.

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Part 16Transitional provisions
Transitional rights in relation to Schedule 7 frequencies

170Bodies specified in Schedule 7 entitled to licence

  1. Notwithstanding anything in any of sections 144 to 153, where a record of management rights is recorded under section 10(2) in relation to any frequency specified in Schedule 7, the body or organisation specified in that schedule as the operator on that frequency shall have the right to be granted, without payment, a spectrum licence pursuant to section 48 entitling that body or organisation to transmit radio waves on that frequency from the location specified, in relation to that body or organisation, in that schedule.

  2. Nothing in subsection (1) exempts any body or organisation from liability for any fee payable, pursuant to any regulations made under section 135, in respect of any spectrum licence granted pursuant to that subsection.

  3. Where, in accordance with subsection (1), a spectrum licence is granted under section 48 to any body or organisation to transmit radio waves on any frequency, the conditions that apply to that spectrum licence shall, so far as possible, correspond to—

  4. the terms, conditions, and restrictions that applied to the radio licence held by that body or organisation in relation to that frequency immediately before a record of management rights was recorded under section 10(2) in relation to that frequency (or, where no such radio licence was held by that body or organisation at that time, the terms, conditions, and restrictions that applied to the radio licence last held by that body or organisation in relation to that frequency); and
    1. the restrictions that applied pursuant to section 171 in relation to—being the restrictions that applied immediately before a record of management rights was recorded under section 10(2) in relation to that frequency or, where the body or organisation did not hold a radio licence in relation to that frequency at that time, that last applied, in relation to that body or organisation, in respect of the matters referred to in subparagraphs (i) and (ii).
      1. the broadcasting, by that body or organisation, of advertising programmes on that frequency; and
        1. the purposes for which a radio licence was granted to that body or organisation in relation to that frequency,—
        2. Where, in accordance with subsection (1), a spectrum licence is granted under section 48 to any body or organisation, no transfer or mortgage, by that body or organisation, of that spectrum licence shall be registered by the Registrar unless the Minister has consented to that transfer or mortgage.

        3. Where, in accordance with subsection (1), a spectrum licence is granted under section 48 to any body or organisation, the expiry date of that spectrum licence shall be the expiry date applying to the record of management rights to which the spectrum licence relates.

        Notes
        • Section 170(1): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(1): amended, on , by section 63 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(2): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(3): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(3): amended, on , by section 63 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(3)(a): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(3)(b)(ii): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(4): amended, on , by section 52 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(4): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(4): amended, on , by section 63 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(5): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
        • Section 170(5): amended, on , by section 63 of the Radiocommunications Amendment Act 2000 (2000 No 8).