173Transitional rights of other licenceholders under Part 13

1. Subject to subsection (5), where, pursuant to section 10(2), a record of management rights is recorded in relation to any radio frequencies, any person who, immediately before that record of management rights was so recorded, was the holder of a radio licence (being a licence that was first granted before 1 July 1989 for a period of not less than 12 months) entitling that person to transmit radio waves on a frequency within the range of frequencies described in that record of management rights shall have the right to be granted, without payment, a spectrum licence pursuant to section 48(b) entitling that person to transmit radio waves on that frequency until the expiration of the period of 5 years beginning on the date on which that record of management rights was so recorded.

2. Where, in accordance with subsection (1), a spectrum licence is granted under section 48(b) to any person to transmit radio waves on any frequency, the conditions that apply to that spectrum licence shall, so far as possible, correspond to the terms, conditions, and restrictions that applied to the radio licence held by that person in relation to that frequency immediately before a record of management rights was recorded under section 10(2) in relation to that frequency.

3. Nothing in this section exempts any person from liability for any fee payable, pursuant to any regulations made under section 135, in respect of any spectrum licence granted, in accordance with subsection (1), under section 48(b).

4. 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 (1) is earlier than the expiry of the period of 5 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 5 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.

5. Nothing in this section applies in respect of any radio frequency that is within any of the ranges of frequencies specified in Schedule 4 or Schedule 5 or Schedule 6.