2005, No.20
Telecommunications Act 2005
157
86. Transitional Provisions for Prior Licences–Despite
the provisions of this Act:
(1) At any time after the commencement of this Act, the
holder of an existing licence (a “prior licence”) issued prior to
the coming into force of this Act may apply to the Regulator to
revoke the holder‟s prior licence and apply to operate under a
new licence issued in accordance with this Act.
(2) If the holder or a prior licence does not apply for
conversion of a prior licence in circumstances where the holder
is permitted to do so under this section within 6 months after the
commencement of this Act, the Regulator may issue an order
revoking the prior licence and issue a new licence in accordance
with this Act.
(3)
In all other respects, the operation of
telecommunications
networks
and
the
supply
of
telecommunications services under prior licences shall be
subject to the licencing and other requirements of this Act, and
all applicable regulations, rules, orders and licensing
procedures.
(4) The Regulator‟s powers to grant a licence under this Act
shall apply notwithstanding any law, agreement, contract,
arrangement or prior licence (howsoever called) issued to a
person and in existence at the time of the commencement of the
Post Office Amendment Act 2004.
(5) Where:
(a) the Minister has granted a licence under the Post
Office Act 1972 or the Post Office Amendment
Act 2004; or
(b) the Regulator has granted a licence under this Act;
and
(c) the Attorney General and the Chief Executive
Officer of the Ministry of Finance have advised
Cabinet in writing that the grant of such licence
has adversely affected the rights of a person
under an existing agreement, contract,
arrangement, licence or other provision
(howsoever called),
Cabinet, in its absolute discretion, may authorize the provision
of compensation to such person in the form of money,