Radiocommunications Act 1989

57D Registrar’s duties in relation to registration of modification or cancellation of spectrum licence

(1)

Where an instrument received by the Registrar for registration under section 16(1) is a modification to a spectrum licence or the cancellation of a spectrum licence, the Registrar must not register that modification or cancellation unless that modification or cancellation is in the prescribed form.

(2)

Where an instrument is a modification to the spectrum licence that proposes to modify the frequency band specified in the spectrum licence by including any frequency not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a).

(3)

Where—

(a)

an instrument is a modification to the spectrum licence that proposes to modify the unwanted emission limits specified in the spectrum licence or include unwanted emission limits in the spectrum licence; and

(b)

any frequency to which the unwanted emission limits specified in the modification to the spectrum licence apply is a frequency subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and

(c)

the maximum power of emissions specified as being permitted on that frequency exceeds the adjacent frequencies emission limit for that frequency in the record of management rights,—

the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a).

(4)

The Registrar must not register any modification to a spectrum licence, other than a modification to any of the matters referred to in paragraphs (a), (g), (h), or (i) of section 49(1), 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, as modified, relates—

(a)

will not endanger the functioning of any radionavigation 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 a modification to a spectrum licence is received by the Registrar,—

(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, as modified, 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 under section 28(3); and

(b)

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

(7)

The Registrar must not register a modification to a spectrum licence that purports to alter a provision of that spectrum licence relating to the cancellation of that licence.

(8)

Except as provided in subsections (1) to (7), it is not the duty of the Registrar to determine whether or not the effect of any modification to a spectrum licence received for registration under section 16(1) is to make the exercise of all or any of the rights conferred by that spectrum licence technically compatible with the exercise of any rights by any person under any spectrum licence or any radio licence.

Section 57D: inserted, on 12 October 2001, by section 25 of the Radiocommunications Amendment Act 2000 (2000 No 8).