Transfer a spectrum licence

Spectrum Licence Transfer – Crown Management Rights

Spectrum licences are transferred by a prescribed Form 9 “Notice of transfer of spectrum licence” instrument under section 56 of the Radiocommunications Act 1989.

You can transfer ownership of your spectrum licence to another party provided the licence meets RSM policy requirements.

For more detailed instructions on transferring a spectrum licence please see our SMART user guides.

Before you begin

• The new licence holder must be a registered RSM client.
• Know the licence number(s) you want to transfer.
  
• Licence fees must be up-to-date. Only current licences that have no outstanding licence fees can be transferred.
• Check the conditions of the licence to see who has the authority to transfer the licence e.g. “Rightholder” or Rightholder and Manager” or “Manager”.

Spectrum transfer process

1. Download Form 9 - Notice of transfer of spectrum licence.
   
2. Print and complete Form 9 for each licence transfer (two originals required):
   

   Form details

   • the Rightholder must date and sign both original Form 9 instruments
   • The field “In consideration of the sum of” is exclusive of GST.
   • Write the name of the person signing the Form 9 (on behalf of the rightholder) into the “Signed by” brackets
   • Have a witness complete both originals.

3. Include a brief covering letter outlining your transfer request.
4. Submit both originals to:
   
   

   Authority	Send to
   Rightholder alone	The Registrar of Radio Frequencies Level 18, ASB Building 135 Albert Street Auckland
   Rightholder & Manager OR Manager alone	Radio Spectrum Management 33 Bowen St Wellington

5. If consent by the manager is required to transfer a licence, the Manager on approval will provide written consent and send with the instruments direct to the Registrar.

Once the transfer has been registered

• The paper copy of the Form 9 instrument will be returned to the submitter.
• Electronic notification of the transfer will be sent to both parties provided both email addresses are recorded in SMART.

Further information

• It is advisable to hand deliver or courier the Form 9 instruments by track and trace delivery.
• The transfer request will be rejected if the Form 9 is incorrectly completed.
• The transfer of a spectrum licence is not valid until the transfer is registered.
• Contact us for assistance or to register as a new client on info@rsm.govt.nz or 0508 RSM INFO (0508 776 4636).

Interpretations from the Radiocommunications Act 1989

Rightholder

1. means the holder for the time being of a spectrum licence; and
2. includes a mortgagee who, in right of a mortgage of a spectrum licence, is entitled to enjoy or exercise the rights of the Rightholder.

Manager (sometimes called the Band Manager)

1. means a person named in a record of management rights as the manager of the range of frequencies to which the record of management rights relates; and
2. includes
   
   1. in relation to the transfer of management rights, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(a);
   2. in relation to the granting of spectrum licences under section 48, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(b).

Instrument

• means an instrument in any of the forms prescribed by regulations made under this Act for the purposes of any of the provisions of Parts 2 to 10