(8)
Notwithstanding the Local Government Act 1984, a licence issued under a council byelaw shall not be required to carry on the business of owning or operating a
communications network or providing a communications service.
(9)
Except as set out in this section, a licence shall not discharge the licensee from any
obligation to obtain any other licences, permits or approvals required by law.
Licence for radiocommunications
33.
Subject to subsection (2), no person shall use any radio frequency transmitting device,
qd)
except in accordance with this Act.
(2)
(3)
No licence or permit shall be required for any radio frequency transmitting device that is
specified as exempt in the radiocommunications rules provided the device complies
with any technical requirements specified in the radiocommunications rules.
The Commission may issue—
a) aspectrum licence to a person to authorise that person to use designated parts of the
radio spectrum in designated geographic areas;
b)
c)
an apparatus licence to a person to authorise that person to use designated radio
frequency transmitting devices within designated frequencies and geographic areas;
and
permits to authorise any person to engage in designated conduct subject to the terms
of the permit,
provided that the issue is consistent with the spectrum plan and any
frequency allocation plan.
(4)
A person shall not be required to apply to or register with the Commission for a permit
issned under subsection (3)(c) and no fees shall be payable for such a permit.
Licensing rules for radiocommunications
34.
qa)
The Commission may make radiocommunications rules specifying—
a) the types of apparatus licences and spectrum licences that may be issued in relation to
b)
c)
d)_
e)
f)
g)
h)
i)
spectrum blocks or particular frequencies;
the technical requirements that apply to the use of parts of the radio spectrum,
particular devices or particular spectrum licensees or apparatus licensees;
the circumstances in which a radio frequency transmitting device is exempt under
section (2);
the parts of the radio spectrum for which an apparatus licence or spectrum licence
may only be issued following a request for applications published by the
Commission;
the process for submitting an application for an apparatus licence or spectrum licence
including the intended timeframe for the Commission to process an application;
the licence fees payable to the Commission;
the eligibility criteria for an apparatus licence or spectrum licence;
a fair and transparent method or methods of selecting applicants in circumstances
where applications for apparatus licences or spectrum licences exceed the available
spectrum, which may include a competitive tender; and
general licence conditions for spectrum licences, apparatus licences and permits.
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