Radiocommunications Act 1989

Transitional provisions - Miscellaneous provisions

181: Priorities under Part 12 of licences granted to incumbents

You could also call this:

"Rules for licences granted to people already using radio frequencies"

Illustration for Radiocommunications Act 1989

You have a licence under Part 12 of the Radiocommunications Act 1989. This licence is treated as if it was granted at the same time as other licences under Part 12. It is also treated as if it was granted before licences that are not under Part 12. When you are registered as a manager for a frequency, you can create a new licence for that frequency. This new licence is for exercising rights you already had under an old licence. In this case, the new licence is treated like a licence granted under Part 12. The rules in section 107 apply to your licence. You can read more about this in section 107. Other relevant sections are section 48(a) and section 10(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM198262.

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Part 16Transitional provisions
Miscellaneous provisions

181Priorities under Part 12 of licences granted to incumbents

  1. For the purposes of section 107, every licence granted to any person pursuant to any provision of this Part shall,—

  2. in relation to any other licence that is granted pursuant to any provision of this Part, be deemed to have been granted at the same time as that other licence:
    1. in relation to any licence granted other than pursuant to any provision of this Part, be deemed to have been granted before that other licence.
      1. Where,—

      2. pursuant to any provision of this Part, any person is registered as manager in respect of any frequency; and
        1. that person creates, in respect of that frequency, any licence (being a licence to which section 48(a) applies) for the purposes of exercising any rights previously exercised by that person pursuant to the radio apparatus licence that related to that frequency immediately before a record of management rights was recorded pursuant to section 10(2) in relation to that frequency,—
          1. subsection (1) shall apply to that licence as if it were a licence granted to that person pursuant to a provision of this Part.