Radio licences: security of tenure

A Review of Radio Spectrum Policy in 2005 indicated that changes to the radio licence regime may be advisable to promote the highest value use of spectrum.

Under the radio licence regime, licensees had no guarantee of tenure. Radio licences could be revoked even though there may be substantial infrastructure deployed by licensees. The lack of security of tenure for spectrum under the radio licence regime may inhibit investment in wireless infrastructure by radio licensees.

On 19 December 2006 a discussion paper considering options for improving the security of tenure for radio licences was released for public comment. Thirteen submissions were received by the close of submissions on 14 March 2007.

Following consideration of public submissions, the Minister of Communications announced the Government's decision, to revise the radiocommunications Regulations to improve security of tenure arrangements on 27 June 2007, and released the associated Cabinet Economic Development Committee minute of decision [199 kB PDF].

A copy of the Cabinet paper [48 kB PDF] is available.

On 15 October 2007, the Ministry of Economic Development released a Security of Tenure Draft Transition Policy for public comment by 9 November 2007. Two submissions were received. The respondents were generally in favour of the proposed transition policy (some comments were outside the scope of the consultation). The government subsequently approved the transition policy in a Cabinet Economic Development Committee minute of decision [68 kB PDF] dated 5 March 2008.

On 9 April 2008, the Minister for Communications and Information Technology announced the transition policy for radio licences.

At the request of stakeholders and with the agreement of the Minister, draft guidelines for the implementation of the Transition Policy have been developed by MED, on which public comment is now invited.