73 SCHEDULE (Section 84) 1. Interpretation In this Schedule, unless the context otherwise requires— “Settlement Deed” means the settlement deed between Vodafone Fiji Limited, Telecom Fiji Limited, and Fiji International Telecommunications Limited (“the licensee parties”), being holders of licences issued under the repealed provisions of the Posts and Telecommunications Decree 1989, and Amalgamated Telecom Holdings Limited and the Government of the Fiji Islands, the terms of which were agreed in principal and initialled by the parties on 19 November 2007, and which the parties have agreed is to be executed immediately after the publication of this Promulgation in the Gazette; being a deed giving effect to arrangements between the licensee parties and the Government whereby, among other things — (a) itis agreed that certain exclusive rights enjoyed by the licensee parties under their licences issued under the Posts and Telecommunications Decree 1989 will be surrendered and will, after the expiry of a transitional period following the commencement of this Promulgation, no longer be enjoyed by them and accordingly will not be reflected in any licences that may {b)} be issued to them under this Promulgation; and the general terms on which, having regard to the agreed surrender of exclusive rights mentioned in paragraph (a), the licensee parties will be entitled to receive licences issued under this Promulgation are established; “repealed provisions of the Posts and Telecommunications Decree 1989” means the provisions of that Decree that are repealed by section 84(1) of this Promulgation. Prior Licences; Replacement Licences under this Promulgation 2.—(1) Licences that were issued under the repealed provisions of the Posts and Telecommunications Decree 1989 and are in effect immediately before the commencement of this Promulgation (“prior licences”) shall, subject to this section, continue in force as from the commencement of this Promulgation as if they were licences issued under this Promulgation. (2) If within a period of 12 months from the commencement of this Promulgation the holder of a prior licence applies to the Authority for a licence under this Promulgation, the Authority must issue a licence under this Promuigation (“replacement licence”) and, upon the issue of that replacement licence, the prior licence shall be deemed to be surrendered. (3) Any replacement licence issued as provided in subsection (2)— (a) shall be issued subject to section 3 of this Schedule; (b) subject to paragraph (a), but notwithstanding any other provision of this Promulgation, shall be issued in terms that confer on the licensee— @ i) (c) the right to offer telecommunications services to at least the same extent; and in addition, in the case of a replacement licence issued to a licensee who is a party to the Settlement Deed, at least the same rights in relation to spectrum use and duration of licence, as the licensee was entitled to under the prior licence; and in all other respects shall be a licence issued in accordance with this Promulgation. (4) If at the expiry of the period specified in subsection (2) the holder of a prior licence has not applied for a replacement licence under this Promulgation, then— (a) the Authority may by notice published in the Gazette, specify a date for the purposes of this subsection; (b) and the licence shall by virtue of this section be deemed to be surrendered on the date so specified.