Radiocommunications Amendment Regulations 2007

7 New regulations 15 to 15H substituted
  • Regulation 15 is revoked and the following regulations are substituted:

    15 Suspension or revocation of general user radio licence
    • (1) The chief executive may suspend or revoke a general user radio licence by notice in the Gazette.

      (2) No notice of revocation under subclause (1) may have an effective date preceding the date of notification.

    15A Transfer, suspension, or revocation of exemption
    • (1) The chief executive may transfer, suspend, or revoke an exemption by notice in writing to the holder of that exemption.

      (2) No notice of revocation under subclause (1) may have an effective date preceding the date of notification.

    15B Immediate revocation of radio licence on certain grounds
    • (1) The chief executive may, with immediate effect, revoke a radio licence on any of the grounds set out in subclause (2) by notice in writing to the licensee.

      (2) The grounds for revocation are—

      • (a) a licensee breaching a term, condition, or restriction of the licence:

      • (b) a licensee failing to pay any fee payable under these regulations (in whole or in part):

      • (c) a licensee breaching an agreement with a Minister or a chief executive of a government department relating to the use of the licence:

      • (d) the licence is not in sufficient use as determined by the chief executive under regulation 15C:

      • (e) a licensee using a licence for a purpose other than the purpose for which it was granted:

      • (f) to prevent harmful interference:

      • (g) to protect national security:

      • (h) to enable New Zealand to comply with an international agreement.

      (3) No notice of revocation under subclause (1) may have an effective date preceding the date of notification.

    15C Whether radio licence is not in sufficient use
    • (1) The chief executive must consider 1 or more of the following when determining whether a radio licence is not in sufficient use:

      • (a) the use that has been made of the licence:

      • (b) the use of the licence in light of the licence's terms, conditions, and restrictions (for example, the actual power of transmissions as compared with the maximum power specified on the licence):

      • (c) the amount and pattern of use of the licence compared with licences that authorise—

        • (i) similar types of transmission; or

        • (ii) the use of similar types of transmitting equipment:

      • (d) whether the licensee has the use of suitable transmitting equipment to conduct the transmission of radio waves under the licence:

      • (e) the time reasonably required to acquire and install the equipment necessary to conduct the transmission of radio waves under the licence:

      • (f) whether the licensee is able to provide the same or equivalent service as the service that may be provided under the licence via—

        • (i) another radio licence or spectrum licence held by the licensee; or

        • (ii) a telecommunications network available to the licensee:

      • (g) any other relevant considerations:

      • (h) any special circumstances justifying the continuation of the licence.

      (2) For the purpose of determining whether a licence is not in sufficient use, the chief executive may request the licensee to make declarations relating to 1 or more of the matters referred to in subclause (1)(a) to (h).

      (3) The licensee must provide declarations in response to a request under subclause (2) within 20 working days.

      (4) The chief executive may request further information or declarations from the licensee, and, if so, the licensee must provide the information or declarations within 20 working days.

      (5) A licensee's failure to provide information or declarations in accordance with subclause (2), (3), or (4) must be treated as meaning that the licence is not in sufficient use.

    15D Revocation of radio licences of longer and unlimited duration
    • (1) The chief executive may revoke radio licences of unlimited duration and radio licences that have a remaining term of 5 or more years by—

      • (a) giving the licensee notice in writing that the licence is revoked with effect from a date not less than 5 years from the date of the notice; or

      • (b) giving the licensee—

        • (i) a programme to manage the cessation of the transmission of radio waves under that licence; and

        • (ii) notice in writing that the licence is revoked on a date specified in that programme.

      (2) The programme referred to in subclause (1)(b) must, as far as is reasonably practicable, enable the licensee to continue providing the same or an equivalent service as the service that may be provided under the licence, both—

      • (a) during the term of the programme; and

      • (b) after the licence is revoked.

      (3) The chief executive must consult with the licensee before revoking a licence under subclause (1)(b).

      (4) This regulation does not limit regulation 15B.

    15E Revocation of radio licences of shorter duration
    • (1) The chief executive may revoke radio licences that have a remaining term of less than 5 years by giving the licensee—

      • (a) a programme to manage the cessation of the transmission of radio waves under that licence; and

      • (b) notice in writing that the licence is revoked on a date specified in that programme.

      (2) The programme referred to in subclause (1) must, as far as is reasonably practicable, enable the licensee to continue providing the same or an equivalent service as the service that may be provided under the licence, both—

      • (a) during the term of the programme; and

      • (b) after the licence is revoked.

      (3) The chief executive must consult with the licensee before revoking a licence under subclause (1).

      (4) This regulation does not limit regulation 15B.

    15F Suspension of radio licence
    • (1) If the chief executive suspects, on reasonable grounds, that there may be a ground to revoke a radio licence under regulation 15B, the chief executive may suspend the licence for as long as is reasonably necessary to determine whether a ground exists.

      (2) If the chief executive determines that there is a ground to revoke a suspended licence, the chief executive—

      • (a) may revoke the licence; or

      • (b) may continue the suspension until satisfied that there is no longer a ground to revoke the licence.

      (3) If the chief executive determines that there is no ground to revoke a suspended licence, the chief executive must (unless there is some other ground to suspend or revoke the licence) notify the licensee that the radio licence is no longer suspended with effect from the date of the notification.

    15G Transfer of radio licence
    • The chief executive may transfer a radio licence—

      • (a) when requested to do so by the licensee; or

      • (b) with the consent of the licensee.

    15H Surrender of radio licence
    • (1) A licensee may surrender a radio licence.

      (2) The surrender must be in writing and takes effect from the date of surrender.

      (3) When the chief executive receives the surrender, the chief executive must revoke the licence.