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TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997 - SECT 49

Replacement of existing carrier licences

  (1)   For the purposes of this section, an existing carrier is a person who held a general telecommunications licence, or a public mobile licence, that was in force under the Telecommunications Act 1991 immediately before 5   June 1997.

  (2)   The Telecommunications Act 1997 has effect as if the ACA had granted each existing carrier a carrier licence under that Act at the beginning of 1   July 1997.

  (3)   Subsection   ( 2) does not prevent the carrier licence referred to in that subsection from being cancelled in accordance with section   72 of the Telecommunications Act 1997 .

  (4)   Section   63 of the Telecommunications Act 1997 has effect, in relation to a carrier licence referred to in subsection   ( 2) of this section, as if that section had commenced on 5   June 1997.

  (5)   Throughout the period beginning on 5   June 1997 and ending at the end of 30   June 1997, subsection   63(8) of the Telecommunications Act 1997 has effect, in relation to a carrier licence referred to in subsection   ( 2) of this section, as if a reference in the first - mentioned subsection to the applicant for the licence were a reference to the existing carrier concerned.

  (6)   To avoid doubt, section   64 of the Telecommunications Act 1997 does not apply to an instrument made before 1   July 1997 under subsection   63(3) of that Act in relation to a carrier licence referred to in subsection   ( 2) of this section.

  (7)   Division   4 of Part   3 of the Telecommunications Act 1997 has effect, in relation to an existing carrier, as if that Division had commenced on 5   June 1997.

  (8)   Throughout the period beginning on 5   June 1997 and ending at the end of 30   June 1997, Division   4 of Part   3 of the Telecommunications Act 1997 has effect as if:

  (a)   a reference in that Division to a carrier were a reference to an existing carrier; and

  (b)   a reference in that Division to the ACA were a reference to AUSTEL; and

  (c)   paragraph   78(a) of that Act had not been enacted.



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