49Replacement of existing carrier licences

#### 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.