Radiocommunications Act 1989

Transitional provisions - Special provisions relating to Radio New Zealand Limited

176: Conditions to lapse if public funding ceases

You could also call this:

"What happens to radio rules if public funding stops"

Illustration for Radiocommunications Act 1989

If public funds stop being available for the FM Concert Programme or National Radio, some conditions will lapse. You will no longer have to follow these conditions when you use certain radio frequencies for these services. The conditions that lapse are the ones mentioned in section 175. If public funds stop, you will have to pay an annual levy to the Secretary. This levy is mentioned in section 149. You will have to follow the rules in sections 149, 150, and 153 as if your licence was granted under section 145. The date when public funds stop being available will be either the date in a contract or the last day of the financial year when public funds were last available. You can find out more about this in the contract or by looking at when public funds were last available for the FM Concert Programme or National Radio.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM198240.

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175: Conditions of licences relating to the FM Concert Programme and National Radio, or

"Rules for Using FM Concert Programme and National Radio Licences"

177: Conditions of licences relating to AM Network, or

"Rules for Radio New Zealand's AM Network licence"

Part 16Transitional provisions
Special provisions relating to Radio New Zealand Limited

176Conditions to lapse if public funding ceases

If public funds cease to be made available for the purpose of the service known as the FM Concert Programme or the service known as National Radio, then as from the specified date,—
the conditions deemed by section 175 to be incorporated in every radio licence or spectrum licence that relates to any frequency used for the purpose of the operation of the service shall lapse; and
there shall be payable to the Secretary, in respect of each such licence (being a licence granted pursuant to section 174), by the holder of the licence, the annual levy referred to in section 149(1)(a), and the provisions of sections 149, 150, and 153 shall apply, as if the licence had been granted to the rightholder pursuant to section 145.

For the purposes of subsection (1), the specified date shall be either—
the date specified in any contract by which public funds are made available for the purposes of the service known as the FM Concert Programme or the service known as National Radio as the date on which public funds shall cease to be made available; or
where there is no contract of the kind referred to in paragraph (a), the last day of the financial year during which public funds were made available for the purposes of the service known as the FM Concert Programme or the service known as National Radio during that financial year.

Notes

Section 176: substituted, on 1 December 1995, by section 20 of the Radio New Zealand Act 1995 (1995 No 52).
Section 176(1)(a): amended, on 31 October 2006, by section 34 of the Radiocommunications Amendment Act 2006 (2006 No 54).
Section 176(1)(a): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).