(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. 17

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