Radiocommunications Act 1989

25 Registrar’s duties in relation to registration of spectrum licences

(1)

Where an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in a form prescribed for the purposes of section 48, and any frequency within the frequency band specified in the spectrum licence is not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register the particulars set out in the spectrum licence and return the spectrum licence in accordance with section 18(a).

(2)

The Registrar must not register any spectrum licence unless an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in a form prescribed for the purposes of section 48.

(3)

The Registrar must not register any spectrum licence where that spectrum licence specifies unwanted emission limits applying to that spectrum licence, and the maximum power of emissions on any frequency to which the unwanted emissions limit applies exceeds any adjacent frequencies emission limit on the management right to which the spectrum licence relates.

(4)

The Registrar must not register any spectrum licence unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.

(5)

The radio engineer’s certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence relates—

(a)

will not endanger the functioning of any radio navigation service; and

(b)

will not endanger the functioning of any radio service essential to the protection of life and property; and

(c)

will not cause harmful interference to rights conferred by registered spectrum or radio licences; and

(d)

is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and

(e)

will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.

(6)

Where an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in a form prescribed for the purposes of section 48,—

(a)

the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search by virtue of section 28; and

(b)

if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the spectrum licence, and must return the spectrum licence in accordance with section 18(a).

(7)

Except as provided in subsections (1) to (6), it is not the duty of the Registrar to determine whether or not the exercise of any or all of the rights to which a spectrum licence received for registration under section 16(1) relates is technically compatible with the exercise of any rights by any other person under a spectrum licence or radio licence.

Section 25: substituted, on 12 October 2001, by section 10 of the Radiocommunications Amendment Act 2000 (2000 No 8).