Radiocommunications Amendment Act 2006

21 New sections 47A and 47B inserted
  • The following sections are inserted after section 47:

    47A Aggregation of current and successive management rights
    • (1) This section applies to a manager if—

      • (a) the manager has management rights that expire in less than 5 years' time (the current management rights); and

      • (b) the manager is also the manager of subsequent management rights created in relation to the same range of frequencies as the current management rights (the successive management rights); and

      • (c) the records of management rights of both the current management rights and the successive management rights have—

        • (i) the same power floors; and

        • (ii) the same protection limits; and

        • (iii) the same adjacent frequencies emission limits; and

        • (iv) spectrum licences relating to the same range of frequencies, with the same conditions applying to those spectrum licences; and

      • (d) the commencement date of the record of management rights relating to the successive management rights is no more than 1 day after the expiry date applying to the record of management rights relating to the current management rights.

      (2) A manager to whom this section applies may request that the Registrar cancel the records of management rights of both the current management rights and the successive management rights, and create 1 record of management rights relating to the range of frequencies concerned.

      (3) If, upon receipt of a request under subsection (2), the Registrar is satisfied that subsection (1) applies, the Registrar must record on the records of management rights to which the request relates that the records of management rights are cancelled, and that recording of the cancellation has the effect of cancelling the records of management rights.

    47B New record of management rights to be created for all rights to which request under section 47A relates
    • (1) The Registrar, upon cancelling any records of management rights under section 47A, must create a record of management rights in respect of the radio frequencies to which the cancelled records of management rights relate.

      (2) The Registrar must record on every record of management rights created under subsection (1) the reference number of every spectrum licence that was recorded on the cancelled records of management rights.