Radiocommunications Amendment Act 2000

23 New sections 48 and 49 substituted
  • The principal Act is amended by repealing sections 48, 49, 50, and 51, and substituting the following sections:

    48 Creation of spectrum licence by manager
    • (1) Where a manager intends to reserve to himself or herself or to grant to any other person—

      • (a) the right to transmit on a frequency band, and the right to have no harmful interference from co-channel emissions in the protection area on the frequency band within the range of frequencies specified in the manager's record of management rights; or

      • (b) the right to transmit on a frequency band within the range of frequencies specified in the manager's record of management rights; or

      • (c) the right to have no harmful interference from co-channel emissions in the protection area on a frequency band within the range of frequencies specified in the manager's record of management rights,—

      that manager may execute for the purposes of registration a spectrum licence in a form prescribed for spectrum licences granted or reserved under this section.

      (2) A spectrum licence is not valid until that licence is registered.

      (3) Any spectrum licence created under subsection (1)(b) may be specified as a general user spectrum licence for the purposes of section 55A.

    49 Contents of spectrum licence
    • (1) Every spectrum licence must specify—

      • (a) the name and address of the rightholder; and

      • (b) the frequency band within which radio waves may be transmitted; and

      • (c) except for licences granted or reserved under section 48(1)(b), the protection area; and

      • (d) except for licences granted or reserved under section 48(1)(c), any unwanted emission limits applying to emissions from a radio transmitter or transmitters; and

      • (e) the commencement date of the spectrum licence, being a date not earlier than the commencement date of the record of management rights to which the spectrum licence relates; and

      • (f) the expiry date of the spectrum licence, being a date not later than the expiry date of the record of management rights to which the spectrum licence relates; and

      • (g) whether the spectrum licence may be transferred to another person by the rightholder with or without the consent of the manager; and

      • (h) whether the spectrum licence may be cancelled by 1 or more of the rightholder, the manager, or the rightholder and manager together; and

      • (i) whether the spectrum licence may be modified by 1 or more of the rightholder, the manager, or the rightholder and manager together; and

      • (j) any conditions on the exercise of the right to transmit radio waves or the right to have no harmful interference under the spectrum licence, being conditions that do not contravene the conditions specified in the record of management rights to which the spectrum licence relates; and

      • (k) any other matters that may be specified by regulations made under this Act.

      (2) A spectrum licence may specify that the spectrum licence is a general user spectrum licence for the purposes of section 55A.